Liabilities and Force Majeure. 12.1 Nothing in this Agreement shall exclude liability for death or personal injury resulting from the negligence of a Party. Apart from this, each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as likely result of a breach, and a Party’s total liability to the other Party for such liability shall not exceed six times the average monthly payment due from you for the affected Premises or £1,000,000 whichever is the lesser. 12.2 Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person. 12.3 Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued immediately upon the ending of the circumstances of Force Majeure. 12.4 We shall not be liable to you if the energy supply has been stopped due to a shut down or interruption caused by the Network Operator.
Appears in 2 contracts
Samples: Supply Agreement, Electricity and Gas Supply Agreement
Liabilities and Force Majeure. 12.1 9.1 Any information provided by us is for the purpose of your supply Agreement only and is provided on the condition that you warrant you will not use any such information for any other purpose.
9.2 Nothing in this Agreement shall exclude liability for death or death, personal injury or fraud resulting from the negligence of a Party. Apart from this, each Each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as a likely result of a breach.
9.3 Except in respect of your liability to pay the Charges, and a each Party’s total liability to the other Party for such liability shall not exceed six (6) times the average monthly Monthly payment due from you for the affected Premises or £1,000,000 1,000,000, whichever is the lesser.
12.2 9.4 Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for any special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.
12.3 9.5 Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party Party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued to the other Party immediately upon the ending of when the circumstances of Force MajeureMajeure end.
12.4 9.5.1 If a Force Majeure event occurs and its effects continue for a period of three (3) Months, either Party may terminate this Agreement immediately by Written Notice. In the event that this Agreement is terminated in accordance with this Clause 9.5.1 the conditions of Clause 8.4 shall apply.
9.6 We shall not be liable responsible for, nor shall we have any liability to you if the energy supply has been stopped due to a shut down whatsoever for any losses, costs, expenses or interruption additional charges caused by the Network Operatoracts or omissions of any third party, including but not limited to any Agent.
Appears in 1 contract
Samples: General Terms and Conditions
Liabilities and Force Majeure. 12.1 9.1 Nothing in this Agreement shall exclude liability for death or death, personal injury or fraud resulting from the negligence of a Party. Apart from this, each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as likely result of a breach, and a Party’s total liability to the other Party for such liability shall not exceed six (6) times the average monthly Monthly payment due from you for the affected Premises or £1,000,000 1,000,000, whichever is the lesser.
12.2 9.2 Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for any special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.
12.3 9.3 Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party Party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued to the other Party immediately upon the ending of when the circumstances of Force MajeureMajeure end.
12.4 9.3.1 If a Force Majeure event occurs and its effects continue for a period of three (3) Months, either Party may terminate this Agreement immediately by Written Notice. In the event that this Agreement is terminated in accordance with this Clause 9.3.1 the conditions of Clause 8.4 shall apply.
9.4 We shall not be liable responsible for, nor shall we have any liability to you if the energy supply has been stopped due to a shut down whatsoever for any losses, costs, expenses or interruption additional charges caused by the Network acts or omissions of any third party, including but not limited to a Meter Reader, Meter Asset Manager, Meter Operator, Data Collector and/or Data Aggregator.
Appears in 1 contract
Samples: General Terms and Conditions
Liabilities and Force Majeure. 12.1 12.1. Nothing in this Agreement shall exclude liability for death or personal injury resulting from the negligence of a Party. Apart from this, each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as likely result of a breach, and a Party’s total liability to the other Party for such liability shall not exceed six times the average monthly payment due from you for the affected Premises or £1,000,000 whichever is the lesser.
12.2 12.2. Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.
12.3 12.3. Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued immediately upon the ending of the circumstances of Force Majeure.
12.4 We 12.4. Supplier shall not be liable to you if the energy electricity supply has been stopped due to a shut down or interruption caused by the Network Operator.
Appears in 1 contract
Samples: Electricity Supply Agreement
Liabilities and Force Majeure. 12.1 9.1 Nothing in this Agreement shall exclude liability for death or personal injury resulting from the negligence of a Party. Apart from this, each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as likely result of a breach, and a Party’s total liability to the other Party for such liability shall not exceed six times the average monthly payment due from you for the affected Premises or £1,000,000 1,000,000, whichever is the lesser.
12.2 9.2 Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for any special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.
12.3 9.3 Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued to the other Party immediately upon the ending of when the circumstances of Force MajeureMajeure end.
12.4 9.4 We shall not be liable responsible for, nor shall we have any liability to you if the energy supply has been stopped due to a shut down whatsoever for any losses, costs expenses or interruption additional charges caused by the Network acts or omissions of any third party, including but not limited to a Meter Reader, Meter Asset Manager, Meter Operator, Data Collector and/or Data Aggregator.
Appears in 1 contract
Samples: Electricity and Gas Supply Agreement
Liabilities and Force Majeure. 12.1 9.1 Nothing in this Agreement shall exclude liability for death or personal injury resulting from the negligence of a Party. Apart from this, each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as likely result of a breach, and a Party’s total liability to the other Party for such liability shall not exceed six times the average monthly payment due from you for the affected Premises or £1,000,000 1,000,000, whichever is the lesser.
12.2 9.2 Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.
12.3 9.3 Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued immediately upon the ending of the circumstances of Force MajeureMajeure end.
12.4 We shall not be liable to you if the energy supply has been stopped due to a shut down or interruption caused by the Network Operator.
Appears in 1 contract
Samples: Electricity and Gas Supply Agreement
Liabilities and Force Majeure. 12.1 9.1 Nothing in this Agreement shall exclude liability for death or personal injury or fraud resulting from the negligence of a Party. Apart from this, each Party shall only be liable to the other for physical damage to property which was reasonably foreseeable, at the time of entry into this Agreement, as likely result of a breach, and a Party’s total liability to the other Party for such liability shall not exceed six (6) times the average monthly Monthly payment due from you for the affected Premises Supply Point(s) or £1,000,000 1,000,000, whichever is the lesser.
12.2 9.2 Except in respect of your liability to pay the Charges and where otherwise expressly provided, neither Party shall be liable to the other, under contract or otherwise, for loss of use, revenue, profit, contract or goodwill or for special, consequential or indirect loss or damage of any nature, or for any liability of the other to any other person.
12.3 9.3 Neither Party shall be liable to the other for failure to fulfil their obligations under this Agreement to the extent that the performance of the affected party Party is prevented due to Force Majeure. The affected Party shall Notify the other as soon as reasonably practicable of the Force Majeure event and take all reasonable steps to mitigate its effects. A further Notification shall be issued immediately upon the ending of the circumstances of Force MajeureMajeure end.
12.4 9.3.1 If a Force Majeure event occurs and its effects continue for a period of three (3) Months, either Party may terminate this Agreement immediately by Written Notice. In the event that this Agreement is terminated in accordance with this Clause 9.3.1 the conditions of Clause 8.4 shall apply.
9.4 We shall not be liable responsible for, nor shall we have any liability to you if the energy supply has been stopped due to a shut down whatsoever for any losses, costs, expenses or interruption additional charges caused by the Network Operatoracts or omissions of any third party, including but not limited to an Agent.
Appears in 1 contract