LIMITATION OF LIABILITY 12. 1 Both Owner and Contractor understand and agree that there shall be absolutely no personal liability on the part of any of the members, shareholders, officers, employees, directors, agents, authorized representatives or Affiliates of the Owner or Contractor for the payment of any amounts due hereunder, or performance of any obligations hereunder. 12.2 With the exception of those provisions of this Contract providing for the payment of penalty, neither the Contractor nor the Owner shall be liable to the other as a result of any action or inaction under this Contract or otherwise for any special, indirect, incidental or consequential losses such as but not limited to loss of profit, loss of revenue, loss of use of the Plant, loss of power, loss of opportunity, loss of goodwill, loss of contracts or cost of capital. It is hereby agreed that this limitation of liability shall not apply in respect of claims for which either Party is indemnified under Clause 11.0 (Indemnification) or covered by the insurance under Clause 10.0 (Insurance). Nothing in this Clause 12.0 shall reduce the Contractor's liability for penalty in accordance with the provisions of this Contract. 12.3 The aggregate liability of the Contractor with respect to all claims arising out of or in connection with performance or non-performance of this Contract whether in contract, warranty, tort or otherwise shall not exceed the Contract Price, provided that this limitation shall not apply in case of negligence, Willful Misconduct or liabilities arising out of indemnity provisions in this Contract. 12.4 The provisions of this Contract constitute Contractor's and Owner's exclusive liability, respectively, to each other, and Contractor's and Owner's exclusive remedy, respectively, to each other, with respect to the obligations under this Contract. 13.0
LIMITATION OF LIABILITY 12. 1 If Cytiva breaches any warranties set out in these Terms or a term or condition that is implied by law and which is not capable of being excluded, the parties agree that Cytiva's liability will be limited to, at Cytiva's discretion:(a) resupply of the relevant non-conforming Support services; (b) paying the cost of such resupply; or (c) refund to you the fees paid for the relevant non-conforming Support services. 12.2 To the extent permitted by law, you agree that: (a) the total liability of Cytiva and your exclusive remedy for any and all claims arising out of or related to the Agreement, and the provision of the Support by Cytiva, regardless of the form of the action, will be limited to 100% of the total fees paid by you to us under the Agreement; and (b) we will under no circumstances be liable to you for any loss of profit, loss of revenue, loss of data, loss of goodwill or business interruption or any indirect, consequential, or punitive damages. 13
LIMITATION OF LIABILITY 12. ОГРАНИЧЕНИЕ ОТВЕТСТВЕННОСТИ
LIMITATION OF LIABILITY 12. Пределы ответственности
LIMITATION OF LIABILITY 12. GIỚI HẠN TRÁCH NHIỆM
LIMITATION OF LIABILITY 12. 1 Both Owner and Contractor understand and agree that there shall be absolutely no personal liability on the part of any of the members, shareholders, officers, employees, directors, agents, authorized representatives or Affiliates of the Owner or Contractor for the payment of any amounts due hereunder, or performance of any obligations hereunder. 12.2 With the exception of those provisions of this Contract providing for the payment of charges for default in Services, neither the Contractor nor the Owner shall be liable to the other as a result of any action or inaction under this Contract or otherwise for any special, indirect, incidental or consequential losses such as but not limited to loss of profit, loss of revenue, loss of use of the Plant, loss of power, loss of opportunity, loss of goodwill, loss of contracts or cost of capital. It is hereby agreed that this limitation of liability shall not apply in respect of claims for which either Party is indemnified under Article 11.0 (Indemnification) or covered by the insurance under Article 10.0 (Insurance). Nothing in this Contract for Hiring of Vehicles Page 19 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT
LIMITATION OF LIABILITY 12. 0 HAFTUNGSBESCHRÄNKUNG
LIMITATION OF LIABILITY 12. Term and Termination 13. Who You Are Contracting With, Notices, Governing Law and Jurisdiction 14. General Provisions
LIMITATION OF LIABILITY 12. HAFTUNGSBESCHRÄNKUNGEN.
LIMITATION OF LIABILITY 12. 1To the extent permitted by applicable law, neither party is liable for loss of production, loss of turnover, loss of profit, loss of business opportunity, loss of data, loss of savings, loss of goodwill, loss relating to unauthorised access to data or systems, loss as a result of business interruption, or any other indirect or consequential losses of any kind whatsoever arising under, relating to or in connection with the Agreement or a breach hereof. Grundfos is not liable for any damages, penalties and similar contractual liabilities levied against the customer by a third party. 12.2To the extent permitted by applicable law, Grundfos’ total liability (including in regard to payment of damages (if any), agreed penalties and third-party claims) towards Customer in respect of all losses arising under or in connection with the Agreement and the cooperation thereunder, breach of statutory duty or otherwise, will not exceed an amount equal to the total amount paid or payable by Customer under the Agreement (excl. any applicable taxes) on which the claim is based. 12.3The limitations set out in Clause 12.1 and 12.2 do not apply if an act or failure to act of a party causes personal injury; or if a party intentionally causes the other party to suffer losses. 12.4The parties agree that the price for the Products and Services reflects the balance of the parties’ rights and obligations under the Agreement, including the limitations in Clause 12. 12.5If Customer’s claim for losses is based on more than one agreement or one or more agreements in combination with a Grundfos company’s delivery of Products or other Services, then Grundfos’ total liability (if any) will not exceed the total liability allocated by each such supplies’ contribution to the total claimed losses, which is determined in accordance with the legal basis applicable between the parties for the said part of the total losses, including any agreed limitation of liability. 13.
