Common use of MATERIAL AND IMMATERIAL DAMAGE Clause in Contracts

MATERIAL AND IMMATERIAL DAMAGE. A. GRTgaz and the Shipper shall be liable, in executing their respective obligations under the Contract, for any direct material loss that they may cause to installations belonging to the other Party or which this other Party has in its custody as well as any direct immaterial loss suffered by the other Party. The liability of each of the Parties under the terms of this Sub-clause is, however, limited to the limits defined in Sub-clause 16.2.3 of Section A. Consequently, each of the Parties waives all rights to bring any claim against the other for such damage in excess of the said limits. B. By way of exception to Point A above and in accordance with the provisions of the Clause entitled “Gas characteristics and pressure” in Section B, GRTgaz shall be liable for any material loss caused to its installations or to installations which it has in its custody, where such damage was caused as a result of GRTgaz taking off at an Entry Point quantities of Gas which were not in compliance with the specifications defined in the Clause entitled “Gas characteristics and pressure” in Section B, but expressly accepted as such by GRTgaz. Consequently, GRTgaz waives all rights to bring a claim against the Shipper in such case.

MATERIAL AND IMMATERIAL DAMAGE. ‌‌ A. GRTgaz and the Shipper shall be liable, in executing their respective obligations under the Contract, for any direct material loss that they may cause to installations belonging to the other Party or which this other Party has in its custody as well as any direct immaterial loss suffered by the other Party. The liability of each of the Parties under the terms of this Sub-clause is, however, limited to the limits defined in Sub-clause 16.2.3 of Section A. Consequently, each of the Parties waives all rights to bring any claim against the other for such damage in excess of the said limits. B. By way of exception to Point A above and in accordance with the provisions of the Clause entitled “Gas characteristics and pressure” in Section B, GRTgaz shall be liable for any material loss caused to its installations or to installations which it has in its custody, where such damage was caused as a result of GRTgaz taking off at an Entry Point quantities of Gas which were not in compliance with the specifications defined in the Clause entitled “Gas characteristics and pressure” in Section B, but expressly accepted as such by GRTgaz. Consequently, GRTgaz waives all rights to bring a claim against the Shipper in such case.

MATERIAL AND IMMATERIAL DAMAGE. ‌ A. GRTgaz and the Shipper shall be liable, in executing their respective obligations under the Contract, for any direct material loss that they may cause to installations belonging to the other Party or which this other Party has in its custody as well as any direct immaterial loss suffered by the other Party. The liability of each of the Parties under the terms of this Sub-clause is, however, limited to the limits defined in Sub-clause 16.2.3 of Section A. Consequently, each of the Parties waives all rights to bring any claim against the other for such damage in excess of the said limits. B. By way of exception to Point A above and in accordance with the provisions of the Clause entitled “Gas characteristics and pressure” in Section B, GRTgaz shall be liable for any material loss caused to its installations or to installations which it has in its custody, where such damage was caused as a result of GRTgaz taking off at an Entry Point quantities of Gas which were not in compliance with the specifications defined in the Clause entitled “Gas characteristics and pressure” in Section B, but expressly accepted as such by GRTgaz. Consequently, GRTgaz waives all rights to bring a claim against the Shipper in such case.