Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other shall be no greater than as expressly stated herein. Neither Party, its directors, officers, trustees, employees or agents, shall be liable to the other Party for any Losses, whether direct, indirect, incidental, punitive, special, exemplary or consequential, arising from that Party’s performance or nonperformance under this Agreement, except to the extent that the Party is found liable for gross negligence or willful misconduct, in which case the Party responsible shall be liable only for direct and ordinary damages and not for any incidental, consequential, punitive, special, exemplary or indirect damages. This section shall not limit amounts required to be paid for Emergency Energy under Schedule C to this Agreement. This section shall not apply to adjustments or corrections for errors in invoiced amounts due under Schedule C to this Agreement.
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence, or willful misconduct.
Liability Between the Parties. 22.3.1. In case of a Non-Performance by a Defaulting Party, the affected Party shall be entitled to claim compensation from this Defaulting Party for
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, nor agents shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence or willful misconduct and subject to applicable law. Notwithstanding the foregoing, neither Party, its directors, officers, employees, nor agents shall be liable for or be entitled to recover from the other Party, whether in contract, tort, or other legal theory, any damages for business interruption or loss of actual or anticipated profits or any indirect, consequential, special, incidental, economic, contingent, exemplary, or penal damages whatsoever. Nothing in this section shall be construed to exempt the Customer from BPA’s Rate Schedules, as may be amended from time to time.
Liability Between the Parties. Except to the extent set forth in this Agreement, none of the Parties shall be liable to any of the other Parties for claims and/or actions (whether alleging negligence, breach of contract, strict liability, warranty, breach of professional services or otherwise) relating to the quality, suitability, operability or condition of any design, construction, operation or maintenance of any portion of the Project, and each Party expressly disclaims any and all express or implied representations or warranties with respect thereof, including any warranties of suitability or fitness for use. The limitation of liability provided herein shall not apply to damages to the extent covered and paid for by insurance, and damages to the extent paid for by a responsible party (other than a Party to this Agreement) pursuant to applicable federal and state environmental laws.
Liability Between the Parties. (a) The obligation of each Party to carry out its tasks within the Work Package(s) of the ICON project does not entail an obligation on that Party to deliver results, but is merely a commitment to use all reasonable efforts to perform to the best of its ability the ICON project as set out in Article 4 of the Agreement.
(b) None of the Parties shall be liable for any fault and/or negligence of another Party (Parties) resulting from the performance of the Agreement. Each Party shall be solely liable for any defects in its products and/or services resulting from the use of the Foreground. In the event a claim for such defects is instituted against the Party that is the owner of the Foreground, the Party using the Foreground in its products and/or services shall indemnify the other Party.
(c) In respect to information or materials supplied by a Party to another Party under the Agreement, the supplying Party shall be under no obligation or liability other than as expressly stated in the Agreement. Except as otherwise expressly agreed, no warranty condition or representation of any kind is made by, given by or to be implied against the supplying Party as to the sufficiency, accuracy or fitness for purpose of such information or materials, or, the absence of any infringement of any Intellectual Property Rights of third parties by the use of such information and materials, and the recipient Party shall in any case bear the entire risk of any consequences that may arise from the use of such information and materials. Notwithstanding the abovementioned, each Party hereby agrees to promptly inform the other Parties of any (threatened) claim of infringement of Intellectual Property Rights of a third party that comes to the attention of such Party.
Liability Between the Parties. 23.2.1. In case of a breach by a Party of any of its obligations under this Agreement (the “Defaulting Party”), the affected Party shall be entitled to claim compensation from the Defaulting Party for any and all losses, damage, charges, fees or expenses, expected and unexpected, which can be considered as a direct damage arising out, or resulting from a default or negligence in the execution of the obligations provided by this Agreement only and under the terms and conditions explicitly provided below.
23.2.2. For the avoidance of doubt, to the extent that no obligation under Annex 2 has been breached, decoupling shall not be considered as a breach of the present Agreement. Parties acknowledge that fall- back procedures have been designed by the Parties and shall apply in case of decoupling and are considered a satisfactory solution by the Parties in case of decoupling.
23.2.3. Except in the event of fraud or intentional breach, the indemnification obligations of each Defaulting Party shall at all times be limited to an amount of per calendar year for any negligence and default, and per calendar year in the event of gross negligence and gross default, irrespective of the number of breaches and the number of Parties suffering damage, provided always that a Defaulting Party’s liability under this clause shall in no case exceed per calendar year.
23.2.4. Except in the event of fraud or intentional breach, the Parties shall not be held liable for any indirect, immaterial, incidental or consequential damages.
23.2.5. If the sum of all damages exceeds the amount of the liability limitation in Article 23.2.3, the compensation payable to the Party(ies) suffering damages shall be reduced pro rata.
Liability Between the Parties. If a party has paid full compensation to a data subject pursuant to Art. 82
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as expressly stated herein. No Party, its directors, officers, trustees, employees or agents, shall be liable to any other Party for any Loss, whether direct, indirect, incidental, punitive, special, exemplary or consequential, arising from that Party's performance or nonperformance under this Agreement, except to the extent that the Party is found liable for breach of this Agreement, gross negligence, recklessness, or willful misconduct, in which case the Party responsible shall be liable only for direct and ordinary damages and not for any incidental, consequential, punitive, special, exemplary or indirect damages.
Liability Between the Parties. 13.2.1. In case of breach due to gross negligence or fraud or intentional breach by a TSO (hereinafter: “Breaching TSO”) of any of its obligations under this Agreement, the affected TSO (hereinafter: “Affected TSO”) shall be entitled to obtain compensation from the Breaching TSO for any and all losses, damages, charges, fees or expenses, expected and unexpected, which can be considered as a direct damage arising out, or resulting from, a breach of the terms of this Agreement. For the avoidance of doubt, TSOs shall not be liable in case of simple negligence.
13.2.2. The indemnification obligations of the Breaching TSO shall be limited to
