Limitation of Transpower’s Liability. Subject to clauses 20.9 and 22.5, if Transpower or its Associates are liable to the Customer (whether in contract, tort (including negligence), equity or otherwise), other than for payment of amounts due or under any indemnity, Transpower and its Associates will only be liable for direct loss to the Customer excluding: (a) Loss: any loss of use, revenue or profit by the Customer; and (b) Damages: the amount of any damages awarded against the Customer in favour of a third party; and
Appears in 7 contracts
Samples: Benchmark Agreement, Default Transmission Agreement, Transpower Works Agreement
Limitation of Transpower’s Liability. Subject to clauses 20.9 20.9, 20.10 and 22.5, if Transpower or its Associates are liable to the Customer (whether in contract, tort (including negligence), equity or otherwise), other than for payment of amounts due or under any indemnity, Transpower and its Associates will only be liable for direct loss to the Customer excluding:
(a) Loss: any loss of use, revenue or profit by the Customer; and
(b) Damages: the amount of any damages awarded against the Customer in favour of a third party; and
Appears in 1 contract
Samples: Benchmark Agreement
Limitation of Transpower’s Liability. Subject to clauses 20.9 17.9 and 22.519.5, if Transpower or its Associates are liable to the Customer (whether in contract, tort (including negligence), equity or otherwise), other than for payment of amounts due or under any indemnity, Transpower and its Associates will only be liable for direct loss to the Customer excluding:
(a) Loss: any loss of use, revenue or profit by the Customer; and
(b) Damages: the amount of any damages awarded against the Customer in favour of a third party; and
Appears in 1 contract
Samples: Benchmark Agreement