Common use of LIMITATION OF LIABILITY 12 Clause in Contracts

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 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 penaltyliquidated damages, 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 Article 12.0 (Indemnification) or covered by the insurance under Clause 10.0 Article 11.0 (Insurance). Nothing in this Clause 12.0 Article 13.0 shall reduce the Contractor's liability for penalty liquidated damages 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 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 penaltycharges 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 Clause Article 11.0 (Indemnification) or covered by the insurance under Clause Article 10.0 (Insurance). Nothing in this Clause Article 12.0 shall reduce the Contractor's liability for penalty charges for default in Services 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 Contract for Hiring 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. 13.0Vehicles Page 19 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT

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 penaltyliquidated damages, 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 Article 11.0 (Indemnification) or covered by the insurance under Clause Article 10.0 (Insurance). Nothing in this Clause Article 12.0 shall reduce the Contractor's liability for penalty liquidated damages 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 for Housekeeping 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. 13.0Canteen Catering Services Page 20 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT