Exclusions and Limitations of Liability. (a) So far as the law allows, subject to clauses 10.2(b) and 10.2(c), each party will have no liability to the other party arising out of or in connection with this Agreement whether in contract, in tort (including negligence), in equity, by operation of law or otherwise for Losses, including Consequential Losses. This exclusion of liability applies whether or not a party was aware of the possibility of such Consequential Loss to the other party when this Agreement was entered into. (b) The exclusion of liability under clause 10.2(a) does not apply to a party’s liability under clauses 2, 3, 4, 5.1(d), 5.2(c), 8.2 and 13.2, for which liability is unlimited, other than in respect of Losses for which a party is liable under clause 10.2(c). For the avoidance of doubt, Losses that are recoverable under this clause 10.2(b) shall be considered direct damages and neither party shall assert that they are Consequential Loss to the extent they result directly from the breaching party’s failure to perform or other wrongful act or omission. The fact that the parties have specified certain types of Losses as being recoverable does not otherwise affect the normal legal principles applicable to a party’s entitlement to recover (or the categorisation of) Loss. (c) So far as the law allows, a party (Party X) is liable to the other party (Party Y) for Losses arising out of or in connection with this Agreement directly sustained or incurred by Party Y as a result of: (i) personal injury to Party Y or its employees, contractors, or agents; or (ii) damage to the property of Party Y or its employees, contractors, or agents, caused by Party X’s breach of this Agreement or negligent act or omission but subject to a cap of $1 million per event.
Appears in 5 contracts
Samples: Electricity Supply Agreement, Rolr Deemed Large Customer Retail Arrangement, Rolr Deemed Large Customer Retail Arrangement
