Common use of Scope of Liability Clause in Contracts

Scope of Liability. (a) Subject to clauses 26.3(b), 26.4(b) and 26.5, the liability of a Party (in this clause 26, the First Party) to the other Party (in this clause 26, the Second Party) (whether under this Agreement (including under an indemnity) or, to the extent permitted by law, otherwise) is limited to Direct Damage arising from: (i) personal injury or death caused by the negligent acts or omissions or wilful misconduct of the First Party or the First Party’s directors, officers, employees, agents or contractors; (ii) any damage to the property of the Second Party or to property for which the Second Party is responsible under this Agreement which is caused by the negligent acts or omissions or wilful misconduct of the First Party or of the First Party’s directors, officers, employees, agents or contractors; or (iii) any breach of the provisions of this Agreement (including any warranty) by the First Party, including where caused by or arising out of the First Party's negligence. (b) The aggregate liability of ActewAGL to the User, its directors, officers, employees, agents and contractors, whether under contract (including by way of indemnity), by statute (to the extent that it is possible to limit or exclude such liability), in tort (for negligence or otherwise) or on any other basis at law or in equity is limited to the sum of: (i) the amount which, but for this clause 26, is recoverable and which, in fact, is recovered under ActewAGL’s policies of insurance; and (ii) any uninsured retentions (such as deductibles or excesses).

Scope of Liability. (a) Subject to clauses 26.3(b), 26.4(b26.4(a) and 26.526.4(a), the liability of a Party (in this clause 26, the First Party) to the other Party (in this clause 26, the Second Party) (whether under this Agreement (including under an indemnity) or, to the extent permitted by law, otherwise) is limited to Direct Damage arising from: (i) personal injury or death caused by the negligent acts or omissions or wilful misconduct of the First Party or the First Party’s directors, officers, employees, agents or contractors; (ii) any damage to the property of the Second Party or to property for which the Second Party is responsible under this Agreement which is caused by the negligent acts or omissions or wilful misconduct of the First Party or of the First Party’s directors, officers, employees, agents or contractors; or (iii) any breach of the provisions of this Agreement (including any warranty) by the First Party, including where caused by or arising out of the First Party's negligence. (b) The aggregate liability of ActewAGL the Service Provider to the User, its directors, officers, employees, agents and contractors, whether under contract (including by way of indemnity), by statute (to the extent that it is possible to limit or exclude such liability), in tort (for negligence or otherwise) or on any other basis at law or in equity is limited to the sum of: (i) the amount which, but for this clause 26, is recoverable and which, in fact, is recovered under ActewAGLthe Service Provider’s policies of insurance; and (ii) any uninsured retentions (such as deductibles or excesses).

Scope of Liability. (a) Subject to clauses 26.3(b), 26.4(b02 6.4(a) and 26.4(a) 26.5, the liability of a Party (in this clause 26, the First Party) to the other Party (in this clause 26, the Second Party) (whether under this Agreement (including under an indemnity) or, to the extent permitted by law, otherwise) is limited to Direct Damage arising from: (i) personal injury or death caused by the negligent acts or omissions or wilful misconduct of the First Party or the First Party’s directors, officers, employees, agents or contractors; (ii) any damage to the property of the Second Party or to property for which the Second Party is responsible under this Agreement which is caused by the negligent acts or omissions or wilful misconduct of the First Party or of the First Party’s directors, officers, employees, agents or contractors; or (iii) any breach of the provisions of this Agreement (including any warranty) by the First Party, including where caused by or arising out of the First Party's negligence. (b) The aggregate liability of ActewAGL the Service Provider to the User, its directors, officers, employees, agents and contractors, whether under contract (including by way of indemnity), by statute (to the extent that it is possible to limit or exclude such liability), in tort (for negligence or otherwise) or on any other basis at law or in equity is limited to the sum of: (i) the amount which, but for this clause 26, is recoverable and which, in fact, is recovered under ActewAGLthe Service Provider’s policies of insurance; and (ii) any uninsured retentions (such as deductibles or excesses).

Scope of Liability. (a) Subject to clauses 26.3(b), 26.4(b) 0 and 26.5, the liability of a Party (in this clause 26, the First Party) to the other Party (in this clause 26, the Second Party) (whether under this Agreement (including under an indemnity) or, to the extent permitted by law, otherwise) is limited to Direct Damage arising from: (i) personal injury or death caused by the negligent acts or omissions or wilful misconduct of the First Party or the First Party’s directors, officers, employees, agents or contractors; (ii) any damage to the property of the Second Party or to property for which the Second Party is responsible under this Agreement which is caused by the negligent acts or omissions or wilful misconduct of the First Party or of the First Party’s directors, officers, employees, agents or contractors; or (iii) any breach of the provisions of this Agreement (including any warranty) by the First Party, including where caused by or arising out of the First Party's negligence. (b) The aggregate liability of ActewAGL the Service Provider to the User, its directors, officers, employees, agents and contractors, whether under contract (including by way of indemnity), by statute (to the extent that it is possible to limit or exclude such liability), in tort (for negligence or otherwise) or on any other basis at law or in equity is limited to the sum of: (i) the amount which, but for this clause 26, is recoverable and which, in fact, is recovered under ActewAGLthe Service Provider’s policies of insurance; and (ii) any uninsured retentions (such as deductibles or excesses).

Scope of Liability. (a) Subject to clauses 26.3(b), 26.4(b) and 26.5, the liability of a Party (in this clause 26, the First Party) to the other Party (in this clause 26, the Second Party) (whether under this Agreement (including under an indemnity) or, to the extent permitted by law, otherwise) is limited to Direct Damage arising from: (i) personal injury or death caused by the negligent acts or omissions or wilful misconduct of the First Party or the First Party’s directors, officers, employees, agents or contractors; (ii) any damage to the property of the Second Party or to property for which the Second Party is responsible under this Agreement which is caused by the negligent acts or omissions or wilful misconduct of the First Party or of the First Party’s directors, officers, employees, agents or contractors; or (iii) any breach of the provisions of this Agreement (including any warranty) by the First Party, including where caused by or arising out of the First Party's negligence. (b) The aggregate liability of ActewAGL the Service Provider to the User, its directors, officers, employees, agents and contractors, whether under contract (including by way of indemnity), by statute (to the extent that it is possible to limit or exclude such liability), in tort (for negligence or otherwise) or on any other basis at law or in equity is limited to the sum of: (i) the amount which, but for this clause 26, is recoverable and which, in fact, is recovered under ActewAGLthe Service Provider’s policies of insurance; and (ii) any uninsured retentions (such as deductibles or excesses).