Common use of Maximum Total Liability Clause in Contracts

Maximum Total Liability. FOR XXXX 0 XX XXX XXXX 0 XXXXXXXX, XXXXXXXXXX’S AND ITS SUBCONTRACTORS’ TOTAL AGGREGATE LIABILITY TO OWNER UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), GUARANTEE, WARRANTY OR OTHERWISE, SHALL NOT EXCEED FORTY PERCENT (40%) OF THE RESPECTIVE CONTRACT PRICE FOR UNIT 6 OR THE UNIT 5 SCRUBBER, AS MAY BE ADJUSTED BY CHANGE ORDER (THE “MAXIMUM LIABILITY AMOUNT”); PROVIDED, HOWEVER, THE MAXIMUM LIABILITY AMOUNT SHALL NOT APPLY TO, AND NO CREDIT SHALL BE ISSUED AGAINST THAT LIMITATION FOR (A) A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE, (B) THE PROCEEDS FROM PROPERTY OR BUILDER’S RISK INSURANCE THAT A PARTY IS REQUIRED TO MAINTAIN IN ACCORDANCE WITH THIS AGREEMENT, (C) CLAIMS WHICH ARISE FROM A BREACH OF OBLIGATIONS UNDER ARTICLE 18 OR ARTICLE 19 OR (D) ANY PROCEEDS COLLECTED BY OWNER FROM THE VENDORS THAT ARE PARTY TO THE EXISTING LNTPS WITH RESPECT TO THE EQUIPMENT PROCURED PURSUANT THERETO.

Maximum Total Liability. FOR XXXX 0 XX XXX XXXX 0 XXXXXXXX, XXXXXXXXXX’S AND ITS SUBCONTRACTORS’ TOTAL AGGREGATE LIABILITY TO OWNER UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), GUARANTEE, WARRANTY OR OTHERWISE, SHALL NOT EXCEED FORTY PERCENT (40%) OF THE RESPECTIVE CONTRACT PRICE FOR UNIT 6 OR THE UNIT 5 SCRUBBER, AS MAY BE ADJUSTED BY CHANGE ORDER (THE “MAXIMUM LIABILITY AMOUNT”); PROVIDED, HOWEVER, THE MAXIMUM LIABILITY AMOUNT SHALL NOT APPLY TO, AND NO CREDIT SHALL BE ISSUED AGAINST THAT LIMITATION FOR (A) A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER FOR THIRD PARTY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE, (B) THE PROCEEDS FROM PROPERTY OR BUILDER’S RISK INSURANCE THAT A PARTY IS REQUIRED TO MAINTAIN IN ACCORDANCE WITH THIS AGREEMENT, (C) CLAIMS WHICH ARISE FROM A BREACH OF OBLIGATIONS UNDER ARTICLE 18 OR ARTICLE 19 OR (D) ANY PROCEEDS COLLECTED BY OWNER FROM THE VENDORS THAT ARE PARTY TO THE EXISTING LNTPS *** WITH RESPECT TO THE EQUIPMENT PROCURED PURSUANT THERETO.

Maximum Total Liability. FOR XXXX 0 XX XXX XXXX 0 XXXXXXXX, XXXXXXXXXXCONTRACTOR’S AND ITS SUBCONTRACTORSCONTRACTOR INTERESTS’ TOTAL AGGREGATE LIABILITY TO OWNER OWNER, ITS AFFILIATES, SUCCESSORS AND ASSIGNS AND FACILITY CO-OWNERS, UNDER THIS AGREEMENT, ARISING OUT OF OR IN CONNECTION WITH THE WORK OR THIS AGREEMENT, WHETHER BASED ON CONTRACTCONTRACT (INCLUDING BREACH, INDEMNITY OBLIGATIONS, WARRANTY, PENALTIES STATED UNDER THE PERFORMANCE INCENTIVE PLAN AND CRAFT LABOR RATE INCENTIVE PLAN, LIQUIDATED DAMAGES, AND WARRANTY WORK), TORT (INCLUDING NEGLIGENCEFAULT, NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE), GUARANTEE, WARRANTY LIABILITY) OR OTHERWISE, SHALL NOT EXCEED FORTY PERCENT (40%) AN AGGREGATE AMOUNT EQUAL TO [***] OF THE RESPECTIVE CONTRACT PRICE PAYMENTS FOR SUCH UNIT 6 THAT HAVE BEEN MADE TO CONTRACTOR BY OWNER AS OF THE DATE OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE UNIT 5 SCRUBBERCLAIM, AS MAY BE ADJUSTED BY CHANGE ORDER OR [***], WHICHEVER IS GREATER (THE “MAXIMUM LIABILITY AMOUNT”); PROVIDED, HOWEVER, THE EXCEPT THAT THIS MAXIMUM LIABILITY AMOUNT SHALL NOT APPLY TOTO ANY LIABILITY OF CONTRACTOR THAT IS SUBJECT TO [***] AS PROVIDED IN SECTION 11.5(d)(iv). THE FOREGOING SENTENCE SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY. IT IS THE INTENT OF THE PARTIES THAT THE MAXIMUM LIABILITY AMOUNT [***] BE SEPARATE AND EXCLUSIVE FROM EACH OTHER. IN NO EVENT MAY ANY CLAIM [***], BY EITHER PARTY AGAINST THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE WORK OR THIS AGREEMENT, WHETHER BASED ON CONTRACT (INCLUDING BREACH, INDEMNITY OR WARRANTY), TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE BE BROUGHT MORE THAN [***] AFTER FINAL COMPLETION OF THE UNIT TO WHICH THE CLAIM RELATES. FOR PURPOSES OF THIS SECTION 17.2, THE MAXIMUM LIABILITY AMOUNT [***], ALL PERMANENT ANCILLARY FACILITIES NECESSARY FOR THE OPERATION OF THE FIRST UNIT SHALL BE CONSIDERED TO BE A PART OF THE FIRST UNIT TO BE CONSTRUCTED BY CONTRACTOR UNDER THIS AGREEMENT, AND NO CREDIT ALL OTHER ANCILLARY FACILITIES SHALL BE ISSUED AGAINST CONSIDERED TO BE A PART OF THE SECOND UNIT. NO CLAIMS UNDER SECTION 5.11(b) SHALL BE BROUGHT MORE THAN [***] AFTER THE DATE ON WHICH CONTRACTOR’S ACTION OR FAILURE TO ACT GAVE RISE TO SUCH CLAIM. FOR THE AVOIDANCE OF DOUBT, CONTRACTOR’S LIABILITY TO THIRD PARTIES (EXCEPT FOR CONTRACTUAL OBLIGATIONS TO EXPRESS THIRD PARTY BENEFICIARIES UNDER THIS AGREEMENT) IS NOT LIMITED BY THIS SECTION 17.2. FOR THE PURPOSE OF DETERMINING WHETHER THE MAXIMUM LIABILITY AMOUNT HAS BEEN EXCEEDED, INSURANCE PROCEEDS RECEIVED FROM ANY INSURANCE POLICIES THAT LIMITATION FOR (A) A PARTY’S INDEMNITY OBLIGATIONS HEREUNDER ARE OBTAINED BY OWNER OR THAT ARE FULLY REIMBURSED BY OWNER, AND PAYMENTS MADE BY CONTRACTOR DIRECTLY TO THIRD PARTIES FOR THIRD PARTY CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGECLAIMS, (B) THE PROCEEDS FROM PROPERTY OR BUILDER’S RISK INSURANCE THAT A PARTY IS REQUIRED TO MAINTAIN IN ACCORDANCE WITH THIS AGREEMENT, (C) CLAIMS WHICH ARISE FROM A BREACH OF OBLIGATIONS UNDER ARTICLE 18 OR ARTICLE 19 OR (D) ANY PROCEEDS COLLECTED BY OWNER FROM THE VENDORS THAT ARE PARTY TO THE EXISTING LNTPS WITH RESPECT TO THE EQUIPMENT PROCURED PURSUANT THERETOSHALL NOT BE INCLUDED.