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

Limitation of Liability in Event of Breach. A Construction Party (“Breaching Party”) shall have no liability hereunder to any other Construction Party, and each other Construction Party hereby releases the Breaching Party, for all claims or damages it incurs that are associated with any interruption in the availability of the Customer Facility, the Interconnection Facilities, Transmission System or Construction Service or damages to a Construction 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 Construction Service Agreement.

Limitation of Liability in Event of Breach. A Construction Party (“Breaching Party”) shall have no liability hereunder to any other Construction Party, and each other Construction Party hereby releases the Breaching Party, for all claims or damages it incurs that are associated with any interruption in the availability of the Customer Project Developer Facility, the Interconnection Facilities, Transmission System or Construction Service or damages to a Construction 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 Construction Service Agreement.