Common use of Liability and Damages Clause in Contracts

Liability and Damages. Both parties reserve the right to maintain their Networks and to operate facilities in a manner that will best enable them to fulfill their service requirements. No Alliant Energy Company will be liable for any interruptions of service to McLeodUSA except as may be caused by Alliant Energy’s negligence or willful misconduct. McLeodUSA agrees that it is responsible for any overlashings on its lines attached to any Alliant Energy’s Network. McLeodUSA agrees to exercise all necessary precautions to avoid damage to facilities of Alliant Energy and other attachers. McLeodUSA agrees to indemnify Alliant Energy from and against any loss, damage, or claims resulting from any acts or omissions of McLeodUSA. McLeodUSA agrees to make an immediate report to al Alliant Energy of any loss or damage to Alliant Energy’s or other attacher’s or overlasher’s facilities and agrees to pay the cost of repairs, except if due to Alliant Energy’s negligence or willful misconduct. Alliant Energy shall promptly notify McLeodUSA of (i) any damages caused by Alliant Energy to the McLeodUSA Network or (ii) any claims against McLeodUSA for property damage, bodily injury or death arising directly or indirectly out of Alliant Energy’s use of the McLeodUSA Network. Notwithstanding any other provision to the contrary, neither party shall be liable to the other for the other party’s consequential or indirect damages, including but not limited to, exemplary or punitive damages, loss of profits or revenue, whether arising out of this transaction or breach of this Agreement or otherwise.

Liability and Damages. Both parties reserve the right to maintain their Networks and to operate facilities in a manner that will best enable them to fulfill their service requirements. No Alliant Energy Company will be liable for any interruptions of service to McLeodUSA except as may be caused by Alliant Energy’s 's negligence or willful misconduct. McLeodUSA agrees that it is responsible for any overlashings on its lines attached to any Alliant Energy’s 's Network. McLeodUSA agrees to exercise all necessary precautions to avoid damage to facilities of Alliant Energy and other attachers. McLeodUSA agrees to indemnify Alliant Energy from and against any loss, damage, or claims resulting from any acts or omissions of McLeodUSA. McLeodUSA agrees to make an immediate report to al Alliant Energy of any loss or damage to Alliant Energy’s 's or other attacher’s 's or overlasher’s 's facilities and agrees to pay the cost of repairs, except if due to Alliant Energy’s 's negligence or willful misconduct. Alliant Energy shall promptly notify McLeodUSA of (i) any damages caused by Alliant Energy to the McLeodUSA Network or (ii) any claims against McLeodUSA for property damage, bodily injury or death arising directly or indirectly out of Alliant Energy’s 's use of the McLeodUSA Network. Notwithstanding any other provision to the contrary, neither party shall be liable to the other for the other party’s 's consequential or indirect damages, including but not limited to, exemplary or punitive damages, loss of profits or revenue, whether arising out of this transaction or breach of this Agreement or otherwise.