Liability and Force Majeure. (12.1) 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. (12.2) Energia will not be liable to you under this Agreement in contract, tort (including negligence) or otherwise for any indirect damages or economic loss, including but not limited to loss of revenue, business, contracts, predicted savings or profits; but nothing in this Agreement shall limit or exclude Energia’s liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors. (12.3) Energia will only be liable for reasonably foreseeable loss or damage which is a direct consequence of Energia’s breach of this Agreement. Notwithstanding this Energia’s liability to you under this Agreement shall be limited to €10,000 in any calendar year.
Appears in 5 contracts
Samples: Boiler Services Agreement, Energy Supply Contract, Boiler Services Agreement
