Common use of No Consequential Loss Clause in Contracts

No Consequential Loss. Notwithstanding any other provision of this Agreement, in no event shall Transmission Customer or any other member of the Transmission Customer Group be liable to Transmission Provider or any other member of the Transmission Provider Group, nor shall Transmission Provider or any member of the Transmission Provider Group be liable to Transmission Customer or any member of the Transmission Customer Group, for a decline in market capitalization, increased cost of capital or borrowing, or for any consequential, incidental, indirect or punitive damages, for any reason with respect to any matter arising out of or relating to this Agreement, except that such consequential, incidental, indirect or punitive damages awarded against a member of the Transmission Customer Group or the Transmission Provider Group, as the case may be, with respect to matters relating to this Agreement, in favour of a third party shall be deemed to be direct, actual damages, as between the Parties, for the purposes of this Section 10.2. For the purposes of this Section 10.2, lost revenues or profits in relation to the purchase or sale of Energy or Capacity shall not be considered to be consequential, incidental or indirect damages, provided however that a Party must still establish such lost revenues or profits in accordance with Applicable Law.

No Consequential Loss. Notwithstanding any other provision of this Agreement, in no event shall Transmission Customer Nalcor or any other member of the Transmission Customer Nalcor Group be liable to Transmission Provider Emera or any other member of the Transmission Provider Emera Group, nor shall Transmission Provider Emera or any member of the Transmission Provider Emera Group be liable to Transmission Customer Nalcor or any member of the Transmission Customer Nalcor Group, for a decline in market capitalization, capitalization or increased cost of capital or borrowing, or for any consequential, incidental, indirect or punitive damages, for any reason with respect to any matter arising out of or relating to this AgreementAgreement or the O&M Activities, except that such consequential, incidental, indirect or punitive damages awarded against a member of the Transmission Customer Nalcor Group or the Transmission Provider Emera Group, as the case may be, with respect to matters relating to this Agreementthe O&M Activities, in favour of a third party shall be deemed to be direct, actual damages, as between the Parties, for the purposes of this Section 10.213.2. For the purposes of this Section 10.213.2, lost revenues or profits in relation to the purchase or sale of Energy or Capacity shall not be considered to be consequential, incidental or indirect damages, provided however that a Party must still establish such lost revenues or profits in accordance with Applicable Law.

No Consequential Loss. Notwithstanding any other provision of this Agreement, in no event shall Transmission Customer Nalcor or any other member of the Transmission Customer Nalcor Group be liable to Transmission Provider Emera or any other member of the Transmission Provider Emera Group, nor shall Transmission Provider Emera or any member of the Transmission Provider Emera Group be liable to Transmission Customer Nalcor or any member of the Transmission Customer Nalcor Group, for a decline in market capitalization, capitalization or increased cost of capital or borrowing, or for any consequential, incidental, indirect or punitive damages, for any reason with respect to any matter arising out of or relating to this Agreement, Agreement except that such consequential, incidental, indirect or punitive damages awarded against a member of the Transmission Customer Nalcor Group or the Transmission Provider Emera Group, as the case may be, with respect to matters relating to this Agreement, in favour favor of a third party shall be deemed to be direct, actual damages, as between the Parties, for the purposes of this Section 10.214.2. For the purposes of this Section 10.214.2, lost revenues or profits in relation to the purchase or sale of Energy or Capacity shall not be considered to be consequential, incidental or indirect damages, provided however that a Party must still establish such lost revenues or profits in accordance with Applicable Law.

No Consequential Loss. Notwithstanding any other provision of this Agreement, in no event shall Transmission Customer Nalcor or any other member of the Transmission Customer Nalcor Group be liable to Transmission Provider Emera or any other member of the Transmission Provider Emera Group, nor shall Transmission Provider Emera or any member of the Transmission Provider Emera Group be liable to Transmission Customer Nalcor or any member of the Transmission Customer Nalcor Group, for a decline in market capitalization, increased cost of capital or borrowing, or for any consequential, incidental, indirect or punitive damages, for any reason with respect to any matter arising out of or relating to this AgreementAgreement or the ML Project, except that such consequential, incidental, indirect or punitive damages awarded against a member of the Transmission Customer Nalcor Group or the Transmission Provider Emera Group, as the case may be, with respect to matters relating to this Agreementthe ML Project, in favour favor of a third party shall be deemed to be direct, actual damages, as between the Parties, for the purposes of this Section 10.214.2. For the purposes of this Section 10.214.2, lost revenues or profits in relation to the purchase or sale of Energy or Capacity shall not be considered to be consequential, incidental or indirect damages, provided however that a Party must still establish such lost revenues or profits in accordance with Applicable Law.