Foreseeable Damages. The term “
Foreseeable Damages. Subject to the limitations set forth in Section 11.3 (No Liability) and Section 11.5 (Resource Provider Liability Cap), and except where a provision of this Agreement expressly entitles PREPA to draw down on the entire undrawn portion of the face amount of the Performance Security, each Party shall have liability for all foreseeable damages suffered by the other Party as a necessary consequence of the first Party’s negligent performance or omissions or failure to perform its respective obligations under this Agreement, including during any cure period in accordance with Article 15 (Termination), and as stated under Article 1168 of the Puerto Rico Civil Code.
Foreseeable Damages. Each of the parties hereto agrees and acknowledges that Ambac is relying on each of the Issuer's covenants contained herein, including, but not limited to, the covenant set forth in Section 2.2(g), in issuing the Preferred Shares Insurance Policy and that the breach of any such covenant, may result in foreseeable damages to Ambac including causing Ambac to be required to make payments under the Preferred Shares Insurance Policy. The Issuer shall be liable for any such foreseeable damages suffered by Ambac relating to any breach by the Issuer of the covenants set forth herein in an amount not to exceed the amounts that would be payable pursuant to Article IV of this Agreement.
Foreseeable Damages. The Parties agree that the typically foreseeable damage shall equal no more than the aggregate amount of fees for the relevant services at issue in the claim paid by Client to Cleverbridge during the 12-month period preceding the event giving rise to the claim.
Foreseeable Damages. Subject to the limitations set forth in Section 11.3 (No Liability) and Section 11.5
