Liability for Indirect or Consequential Loss. Despite any other provision of this agreement, the RTA has no Liability to the Concessionaire, nor will the Concessionaire be entitled to make any Claim, in respect to any Indirect or Consequential Loss incurred or sustained by the Concessionaire as a result of any act or omission of the RTA (whether negligent or otherwise) or as a result of a breach of this agreement by the RTA.
Liability for Indirect or Consequential Loss. The State does not have any liability to the Project Company for any indirect or consequential loss incurred or sustained by the Project Company as a result of a breach or negligent act of the State. Indirect or consequential loss includes loss of revenue, loss of profit, loss of business opportunity and payment of liquidated sums, penalties or damages under any agreement (other than the Project Deed, D&C Contract and O&M Agreement), but does not include property damage or losses arising from third party claims in respect of property damage, personal injury, nervous shock or death.
Liability for Indirect or Consequential Loss. (a) Despite any provision of this document, neither the Delegate nor any of the Delegate’s Associates has any Liability to Project Co or any Project Co Associate, nor will Project Co or any Project Co Associate be entitled to make any Claim, in respect of Indirect or Consequential Loss incurred or sustained by Project Co as a result of any act or omission of the Delegate (whether negligent or otherwise) or as a result of a breach of a State Project Document by the Delegate.
(b) Despite any provision of this document, except to the extent that economic loss is insured or required to be covered in an insurance policy held by Project Co or a Consortium Entity in compliance with this document, neither Project Co nor any Project Co Associate has any Liability to the Delegate or any Delegate’s Associate, nor will the Delegate or any Delegate’s Associate be entitled to make any Claim, in respect of any Indirect or Consequential Loss.
(c) Without creating any Liability not otherwise set out in this document, the following do not constitute Indirect or Consequential Loss:
(i) Liability arising from criminal acts or fraud on the part of Project Co or any other Project Co Associate or the Delegate or any Delegate’s Associate;
(ii) Liability arising from wilful default under any Project Document on the part of Project Co or any Project Co Associate or the Delegate or any Delegate’s Associate;
(iii) Liability incurred in connection with any loss of or damage to third party property or injury to, disease or death of a person;
(iv) Liability to the extent of which, by Law, the parties cannot limit or exclude;
(v) any amounts payable by Project Co under Clause 14.3;
(vi) any other amounts expressly payable to Project Co under the Project Documents, including any Revenue; or
(vii) any other amounts expressly payable to the Delegate under the State Project Documents.
