Common use of Liability and Force Majeure Clause in Contracts

Liability and Force Majeure. (7.1) Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement. (7.2) Neither party will be liable to the other for loss of profit or revenue, loss of use, loss of contract or other business opportunity, loss of goodwill, loss or failure of or delay in production or increased cost of working or any other special, indirect or consequential loss or damage whatsoever arising out of or in connection with this Agreement. (7.3) Notwithstanding Clause 7.2, Energia’s liability to the Customer shall be limited to £100,000 (Customers in Northern Ireland) or €100,000 (Customers in Republic of Ireland). (7.4) The exclusions and limitation of liability in this Clause 7 shall not apply to any claim on account of death or personal injury resulting from the negligence of either party. (7.5) Nothing in this Clause 7 shall release the Customer from its obligation to pay the Supply Price in accordance with Clause 3.1, or to pay any other fees owed by the Customer to Energia from time to time under this Agreement (including the late payment fee in accordance with Clause 4.5).

Liability and Force Majeure. (7.1) Neither party shall be liable to the other for any failure to perform its obligations under this Agreement to the extent that such failure is due to the occurrence of an event of Force Majeure, save that the occurrence of an event of Force Majeure shall not excuse the parties from any obligation to make payments of money under this Agreement. (7.2) Neither party will be liable to the other for loss of profit or revenue, loss of use, loss of contract or other business opportunity, loss of goodwill, loss or failure of or delay in production or increased cost of working or any other special, indirect or consequential loss or damage whatsoever arising out of or in connection with this Agreement. (7.3) Notwithstanding Clause 7.2, this Energia’s liability to the Customer shall be limited to £100,000 (Customers in Northern Ireland) or €100,000 (Customers in Republic of Ireland). (7.4) The exclusions and limitation of liability in this Clause 7 shall not apply to any claim on account of death or personal injury resulting from the negligence of either party. (7.5) Nothing in this Clause 7 shall release the Customer from its obligation to pay the Supply Price Charges or the Standing Charge in accordance with Clause 3.1, or to pay any other fees owed by the Customer to Energia from time to time under this Agreement (including the late payment fee in accordance with Clause 4.5).