Common use of Limitation on Damages Clause in Contracts

Limitation on Damages. Except as otherwise provided in this Section 12, the liability of a Construction Party under this Appendix 2 shall be limited to direct actual damages, and all other damages at law are waived. Under no circumstances shall any Construction Party or its Affiliates, directors, officers, employees and agents, or any of them, be liable to another Construction Party, whether in tort, contract or other basis in law or equity for any special, indirect, punitive, exemplary or consequential damages, including lost profits. The limitations on damages specified in this Section 12.5 are without regard to the cause or causes related thereto, including the negligence of any Construction Party, whether such negligence be sole, joint or concurrent, or active or passive. This limitation on damages shall not affect any Construction Party’s rights to obtain equitable relief as otherwise provided in this Appendix 2. The provisions of this Section 12.5 shall survive the termination or expiration of the Interconnection Construction Service Agreement.

Limitation on Damages. Except as otherwise provided in this Section 12, the liability of a Construction Party under this Appendix 2 2Party shall be limited to direct actual damages, and all other damages at law are waived. Under no circumstances shall any Construction Party or its Affiliates, directors, officers, employees and agents, or any of them, be liable to another Construction Party, whether in tort, contract or other basis in law or equity for any special, indirect, punitive, exemplary or consequential damages, including lost profits. The limitations on damages specified in this Section 12.5 are without regard to the cause or causes related thereto, including the negligence of any Construction Party, whether such negligence be sole, joint or concurrent, or active or passive. This limitation on damages shall not affect any Construction Party’s rights to obtain equitable relief as otherwise provided in this Appendix 2. The provisions of this Section 12.5 shall survive the termination or expiration of the Interconnection Construction Service Agreement.as