Common use of Limitations of contractual liability Clause in Contracts

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background. 7 / 38

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of goodwill, loss of data, loss of revenue or loss of contracts, or opportunity, whether direct or indirect, even if the party bringing the claim has advised the other of the possibility of those losses, or if they were within the other party's contemplation but provided such damage was not caused by a wilful act or by a breach of confidentiality. For any remaining contractual liability, a Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligence. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background. 7 / 38.

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, loss of power, loss of use, costs of capital, downtime costs, costs of replacement of power, loss of anticipated savings, increased costs of operation, loss of data, damage to reputation, loss of goodwill, provided such damage was not caused by a wilful act or by a breach of confidentialityconfidentiality or obligations arising from data protection laws. For any remaining contractual liability, a A Party’s aggregate liability towards the other Parties collectively shall be limited to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided Agreement. A Party’s liability shall not be limited under either of the two foregoing paragraphs to the extent such damage was not caused by a wilful willful act or gross negligence. The terms of this Consortium Agreement shall negligence or to the extent that such limitation is not be construed to amend or limit any Party’s statutory liabilitypermitted by law. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background. 7 / 38.

Limitations of contractual liability. No Party shall be responsible to any other Party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts, provided such damage was not caused by a wilful willful act or by a breach of confidentiality. For any remaining contractual liability, excluding willful act or material breach of confidentiality, a Party’s aggregate liability towards the other Parties collectively shall be limited to an amount corresponding to once the Party’s share of the total costs of the Project as identified in Annex 2 of the Grant Agreement provided such damage was not caused by a wilful act or gross negligenceAgreement. However, in case of material breach of confidentiality, the aggregate liability shall be limited to twice the Party’s share. The terms of this Consortium Agreement shall not be construed to amend or limit any Party’s statutory liability. Each Party shall be solely liable for any loss, damage or injury to third parties resulting from the performance of the said Party’s obligations by it or on its behalf under this Consortium Agreement or from its use of Results or Background. 7 / 38.