Common use of Force majeure - Limitation of Liability Clause in Contracts

Force majeure - Limitation of Liability. Neither Party hereto shall be liable to the other in damages or otherwise for any delay or failure in performing any of its obligations hereunder, with the exception of payment obligations, for so long as any such delay or failure results, directly or indirectly, from causes beyond its reasonable control, including, but not limited to, accident, equipment breakdown, war, rebellion, riots, acts or omissions of governmental authorities and agencies, fire, wind, cyclone, earthquake, flood, epidemic, act of public enemy, strike, lockout, boycott, picketing, embargoes or delay caused by public carriers; provided that the Party so affected shall promptly notify the other Party in writing of such cause of nonperformance or delay in performance hereunder upon its discovery thereof and shall take best efforts to remove or overcome such cause. AL will in no event be liable to the SUPPLIER for any losses and/or damages caused by events beyond its control, attributable to the SUPPLIER's fault or willful misconduct or to acts or omissions of third parties which AL could not have foreseen using the ordinary rules of diligence. Without prejudice to the burden of proof on the SUPPLIER, with the sole exception of cases of willful misconduct and gross negligence, AL will only be liable for direct damages deriving from violations of the obligations imposed on it by this contract caused to the SUPPLIER's property. AL's liability will in any case be limited to 20% of the value of the order issued by the Supplier to AL on the basis of this Contract. In no event will AL be liable for damages from loss of profit or for indirect or consequential damages of any nature caused in execution of this contract including, by way of example but not limited to, the loss of customers, with the sole exception of cases of willful misconduct or gross negligence. The SUPPLIER therefore undertakes not to claim against AL and/or its insurers to obtain damages beyond the limits indicated in this article and to obtain the waiver of its insurance company to act in subrogation against the person responsible for the damage to obtain compensation beyond the limits indicated in this article. If, in relation to the execution of the contract, damages are incurred by the SUPPLIER's employees, such damages will be compensated directly by the SUPPLIER, without prejudice to any rights that the law recognizes to employees and/or their successors.