Common use of Limitation of Liability in Event of Breach Clause in Contracts

Limitation of Liability in Event of Breach. An Interconnection Party (“Breaching Party”) shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Facility, Interconnection Facilities, Transmission System or Interconnection Service or damages to an Interconnection Party’s facilities, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Interconnection Service Agreement (including Appendix 2).

Appears in 99 contracts

Samples: Interconnection Service Agreement, Interconnection Service Agreement, Interconnection Service Agreement

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Limitation of Liability in Event of Breach. An Interconnection Party (“Breaching Party”) shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Facility, Interconnection Facilities, Transmission System or Interconnection Service or damages to an Interconnection Party’s facilities, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Interconnection Service Agreement (including Appendix 2).

Appears in 2 contracts

Samples: Interconnection Service Agreement, Interconnection Service Agreement

Limitation of Liability in Event of Breach. An Interconnection Party ("Breaching Party") shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Facility, Interconnection Facilities, Transmission System or Interconnection Service or damages damages- to an Interconnection Party’s 's facilities, except to the extent such interruption or damage is caused by the Breaching Party’s 's gross negligence or willful misconduct in the performance of its obligations under this thus Subpart of the Tariff or the Interconnection Service Agreement (including Appendix 2)Agreement.

Appears in 1 contract

Samples: Interconnection Service Agreement

Limitation of Liability in Event of Breach. An Interconnection A breaching Party (“Breaching Party”) shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Generating Facility, Interconnection FacilitiesFacilities and Transmission Owner Upgrades, Transmission System System, or Interconnection Service Service, or damages to an Interconnection a Party’s facilities, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Interconnection Service Wholesale Market Participation Agreement (including Appendix 2).

Appears in 1 contract

Samples: Wholesale Market Participation Agreement

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Limitation of Liability in Event of Breach. An Interconnection Party ("Breaching Party") shall have no liability hereunder to the other Interconnection Parties, and the other Interconnection Parties hereby release the Breaching Party, for all claims or damages that either of them incurs that are associated with any interruption in the availability of the Customer Facility, Interconnection Facilities, Transmission System or Interconnection Service or damages to an Interconnection Party’s 's facilities, except to the extent such interruption or damage is caused by the Breaching Party’s 's gross negligence or willful misconduct in the performance of its obligations under this Subpart of the Tariff or the Interconnection Service Agreement (including Appendix 2)Agreement.

Appears in 1 contract

Samples: Interconnection Service Agreement

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