Common use of Liability exclusions and limitations Clause in Contracts

Liability exclusions and limitations. The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 26.3) is limited as follows: (a) neither Party is liable to the other for any Consequential Loss; (b) liability for any other Loss arising out of or in connection with: (i) any act, omission or conduct of the First Party or its Associates; or (ii) this Agreement, whether in contract, statute, tort (including negligence) or on any other basis in law, equity or otherwise is limited to the extent permitted by law to either: (iii) the Insured Sum for that liability under the First Party’s policies of insurance; or (iv) if there is no such Insured Sum for that liability, then to whichever of the following liability limits is first reached: (A) $500,000 in the aggregate for all claims in a Financial Year by the other Party, its Related Bodies Corporate or their Associates; (B) $500,000 in the aggregate for all claims by those persons arising out of or in connection with all acts, omissions, or conduct referred to in sub- paragraph (b)(i) and (ii) above or this Agreement during a Financial Year; (C) in the case of Evoenergy, $2 million in the aggregate for all claims in a Financial Year by all persons (including those referred to above, all Network Users and all other persons); and (D) in the case of Evoenergy, $2 million in the aggregate for all claims by all such persons arising out of or in connection with all such acts, omissions, or conduct or this Agreement during a Financial Year.

Liability exclusions and limitations. ‌ The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 26.3) is limited as follows: (a) neither Party is liable to the other for any Consequential Loss; (b) liability for any other Loss arising out of or in connection with:with:‌ (i) any act, omission or conduct of the First Party or its Associates; or (ii) this Agreement, whether in contract, statute, tort (including negligence) or on any other basis in law, equity or otherwise is limited to the extent permitted by law to either: (iii) the Insured Sum for that liability under the First Party’s policies of insurance; or (iv) if there is no such Insured Sum for that liability, then to whichever of the following liability limits is first reached: (A) $500,000 in the aggregate for all claims in a Financial Year by the other Party, its Related Bodies Corporate or their Associates; (B) $500,000 in the aggregate for all claims by those persons arising out of or in connection with all acts, omissions, or conduct referred to in sub- paragraph (b)(i) and (ii) above or this Agreement during a Financial Year; (C) in the case of Evoenergy, $2 million in the aggregate for all claims in a Financial Year by all persons (including those referred to above, all Network Users and all other persons); and (D) in the case of Evoenergy, $2 million in the aggregate for all claims by all such persons arising out of or in connection with all such acts, omissions, or conduct or this Agreement during a Financial Year.

Liability exclusions and limitations. The liability of a Party (First Party) to the other Party and each of its Associates for any Loss (other than for liabilities referred to under clause 26.324.3) is limited as follows: (a) neither Party is liable to the other for any Consequential Loss; (b) liability for any other Loss arising out of or in connection with: (i) any act, omission or conduct of the First Party or its Associates; or (ii) this Agreement, whether in contract, statute, tort (including negligence) or on any other basis in law, equity or otherwise is limited to the extent permitted by law to either: (iii) the Insured Sum for that liability under the First Party’s policies of insurance; or (iv) if there is no such Insured Sum for that liability, then to whichever of the following liability limits is first reached: (A) $500,000 5 million in the aggregate for all claims in a Financial Year by the other Party, its Related Bodies Corporate or their Associates; (B) $500,000 5 million in the aggregate for all claims by those persons arising out of or in connection with all acts, omissions, or conduct referred to in sub- sub-paragraph (b)(i) and (ii) above or this Agreement during a Financial Year; (C) in the case of EvoenergyJGN, $2 50 million in the aggregate for all claims in a Financial Year by all persons (including those referred to above, all Network Users and all other persons); and (D) in the case of EvoenergyJGN, $2 50 million in the aggregate for all claims by all such persons arising out of or in connection with all such acts, omissions, or conduct or this Agreement during a Financial Year.