Common use of LIMITATION OF LIABILITY; FORCE MAJEURE Clause in Contracts

LIMITATION OF LIABILITY; FORCE MAJEURE. and unforeseeable circumstances 6.1 Without prejudice to the Regulations, GME, in the provision of the Services, is liable for contractual and non-contractual damages exclusively insofar as these constitute an immediate and direct consequence of its conduct determined by wilful misconduct or negligence and, in the latter case, are foreseeable at the date of signing this Contract. The Parties mutually agree that there will be no compensation or indemnity obligation for damages that are an indirect or unforeseeable consequence of GME's conduct including, by way of example, damages deriving from the loss of business opportunities or customers or from the loss of profits. 6.2 The Contracting Party shall notify GME, under penalty of forfeiture, of any claim for compensation relating to the provision of the Services within and no later than fifteen working days from the day on which the Contracting Party became aware, or should have become aware using ordinary diligence, of the occurrence of the harmful event, contextually providing a precise indication of the circumstances in which the harmful event and the damages occurred. The related supporting documentation must be communicated to GME no later than twenty working days from the day on which the Contracting Party became aware, or should have known using ordinary diligence, of the occurrence of the harmful event. 6.3 There will be no liability of GME and of the Contracting Party for breaches due to force majeure, unforeseeable circumstances, or events beyond their control such as, by way of example, wars, riots, earthquakes, floods, fires, strikes, interruptions of the supply of electricity or of the supply of dedicated data transmission lines forming part of the System, when such interruptions are exclusively attributable to the behaviour of third parties. 6.4 GME will not be liable for any damages suffered by the Contracting Party and/or by third parties deriving from any requests made by the DSOs to cancel, or to suspend, or to revoke the session held or in progress. 6.5 GME has the faculty, in cases of force majeure and unforeseeable circumstances, and generally in all cases in which the Contracting Party's activity is potentially harmful to the integrity or to the security of the System, to suspend access to the System itself, without the need for prior communication of the circumstances leading to the suspension.

LIMITATION OF LIABILITY; FORCE MAJEURE. and unforeseeable circumstances 6.1 Without prejudice to With exception of what provided in the RegulationsRegulation, GME, in the provision of the ServicesService, is liable for contractual and non-contractual damages exclusively insofar as these damages, only because they constitute an immediate and direct consequence of its conduct determined behaviour caused by wilful misconduct or negligence gross negligence, and, in the latter case, are foreseeable what can be expected at the date of signing signature of this Contract. The Parties mutually agree acknowledge to each other that there will shall be no obligation to pay compensation or indemnity obligation indemnify for damages that which are an indirect or unforeseeable consequence result of GME's conduct behaviour, including, by way of examplebut not limited to, damages deriving resulting from the loss of business or customer opportunities or customers or from the loss of profits. 6.2 The Contracting Party Contractor shall notify GME, under penalty of forfeituresubject to revocation, of any claim for compensation relating related to the Service provision of the Services within and no later than fifteen working days from of the day on which the Contracting Party became awareContractor has known, or should have become aware using ordinary diligenceknown, of through the utmost care, the occurrence of the harmful event, contextually providing at the same time, it provides a precise specific indication of the circumstances in which the harmful event and the damages damage occurred. The related supporting documentation must shall be communicated to GME no later than twenty working days from after the day on which the Contracting Party became awareContractor has known, or should have known known, using ordinary diligence, of the occurrence of the harmful event. 6.3 There will shall be no liability of GME and of the Contracting Party Contractor for breaches failures due to force majeure, unforeseeable circumstances, or events beyond outside their control control, such as, by way of examplebut not limited to, wars, riots, earthquakes, floods, fires, strikes, interruptions of the in electricity supply of electricity or of the supply provision of dedicated data transmission transport lines forming part of the System, when where such interruptions are exclusively attributable can be ascribed only to the behaviour of third parties. 6.4 GME will not be liable for any damages suffered by the Contracting Party and/or by third parties deriving from any requests made by the DSOs to cancel, or to suspend, or to revoke the session held or in progress. 6.5 GME has the facultymay, in cases of force majeure and unforeseeable circumstances, and generally in general in all cases in which where the Contracting Party's Contractor’s activity is can potentially harmful to damage the integrity or to the security of the System, to suspend access to the System itselfSystem, without the need for prior communication notification of the circumstances leading to the suspension.