Common use of Limitation of liability, force majeure and fortuitous events Clause in Contracts

Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided in the Rules, GME shall, in carrying out the Services, be liable for damages of a contractual and extra-contractual nature only if they constitute the immediate and direct consequence of wilful misconduct or gross negligence and, in the latter case, are predictable upon the date of signature of this Agreement. The Parties agree that there shall be no obligation of compensation for damages that are an indirect or unpredictable consequence of the conduct of GME, including but not limited to damages resulting from the loss of business opportunities, customers or profits.

Appears in 3 contracts

Samples: Participation Agreement, Participation Agreement, Participation Agreement

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Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided in the Rules, GME shall, in carrying out the Services, be liable for damages of a contractual and extra-contractual nature nature, only if when they constitute the immediate and direct consequence of wilful misconduct or gross negligence and, in the latter case, are predictable upon the date of signature of this Agreementthe signing hereof. The Parties agree that there shall be no obligation of compensation for damages that are an indirect or unpredictable consequence of the conduct of GME, including but not limited to damages resulting from the loss of business opportunities, customers or profits.

Appears in 2 contracts

Samples: Market Participation Agreement, Market Participation Agreement

Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided in Notwithstanding the provisions of the Electricity Market Rules, GME shall, in carrying out the Services, be liable for damages of a contractual and extra-contractual nature only if nature, exclusively when they constitute the immediate and direct consequence of wilful or serious misconduct or gross negligence and, in the latter case, are predictable foreseeable upon the date of signature the signing of this Agreement. The Parties agree that there shall be no obligation of compensation or indemnity for damages that are an indirect or unpredictable consequence of the conduct of GME, including but not limited to damages resulting from the loss of business opportunities, customers or profits.

Appears in 2 contracts

Samples: Market Participation Agreement, Market Participation Agreement

Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided Unless otherwise specified in the Rules, GME shall, in carrying out the provision of the Services, be liable for damages of a contractual and extranon-contractual nature only if they constitute damages, to the extent that such damages are an immediate and direct consequence of its wilful misconduct or gross negligence and, in the latter case, are predictable foreseeable upon the date of signature of this Agreementhereof. The Parties agree acknowledge that there GME shall not be no obligation of compensation liable for damages that which are an indirect or unpredictable unforeseeable consequence of the conduct of GME’s conduct, including but not limited to damages resulting arising from the loss of business opportunities, customers or profits.

Appears in 2 contracts

Samples: Market Participation Agreement, www.mercatoelettrico.org

Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided in the RulesRegulations, GME shall, in carrying out the Services, be liable for damages of a contractual and extra-contractual nature only if nature, exclusively when they constitute the immediate and direct consequence of wilful misconduct or gross negligence and, in the latter case, are predictable upon the date of signature of this Agreement. The Parties agree that there shall be no obligation of compensation for damages that are an indirect or unpredictable consequence of the conduct of GME, including but not limited to damages resulting from the loss of business opportunities, customers or profits.

Appears in 2 contracts

Samples: Participation Agreement, Participation Agreement

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Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided in Notwithstanding the provisions of the Rules, GME shall, in carrying out the Services, be liable for damages of a contractual and extra-contractual nature only if nature, exclusively when they constitute the immediate and direct consequence of wilful willful or serious misconduct or gross negligence and, in the latter case, are predictable foreseeable upon the date of signature of this Agreement. The Parties agree that there shall be no obligation of compensation or indemnity for damages that are an indirect or unpredictable consequence of the conduct of GME, including but not limited to damages resulting from the loss of business opportunities, customers or profits.

Appears in 1 contract

Samples: Market Participation Agreement

Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided Unless otherwise specified in the Rules, GME shall, in carrying out the Servicesprovision of the Service, be liable for damages of a contractual and extranon-contractual nature only if they constitute damages, to the extent that such damages are an immediate and direct consequence of its wilful misconduct or gross negligence and, in the latter case, are predictable foreseeable upon the date of signature of this Agreementhereof. The Parties agree acknowledge that there GME shall not be no obligation of compensation liable for damages that which are an indirect or unpredictable unforeseeable consequence of the conduct of GME’s conduct, including but not limited to damages resulting arising from the loss of business opportunities, customers or profits.

Appears in 1 contract

Samples: www.gestoremercatienergetici.org

Limitation of liability, force majeure and fortuitous events. 6.1 Without prejudice to what is provided in the Rules, GME shall, in carrying out the Services, be liable for damages of a contractual and extra-contractual nature only if nature, exclusively when they constitute the immediate and direct consequence of wilful misconduct or gross negligence and, in the latter case, are predictable upon the date of signature of this Agreement. The Parties agree that there shall be no obligation of compensation for damages that are an indirect or unpredictable consequence of the conduct of GME, including but not limited to damages resulting from the loss of business opportunities, customers or profits.

Appears in 1 contract

Samples: Participation Agreement

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