Common use of Exclusions and Limitations of Liability Clause in Contracts

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement.

Exclusions and Limitations of Liability. a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm ServicesService. Notwithstanding the foregoing or any other provision of this the Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services Service contemplated by this Precedent Agreement.