Seller’s Limitation of Liability. (a) Subject to clause 4.3(b) and to the extent permitted by Law, the Seller’s maximum aggregate liability to the Buyer and to any beneficially entitled third party, arising out of or in connection with either this Agreement or the sale of the Water Allocation, and whether for breach of contract, tort (including negligence), breach of Law, restitution, under an indemnity or on any other ground whatsoever, is limited to the Purchase Price received by the Seller as at the date the claim is first made against the Seller. (b) To the extent permitted by Law, the Seller will not be liable to the Buyer for: (i) any Consequential Loss incurred by or awarded against the Buyer; or (ii) any claim in connection with this Agreement (or the transfer of the Water Allocation under it) unless the Buyer gives notice to the Seller of the claim (with reasonable details of the claim and basis for it) within 3 months from Completion.
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Samples: Contract of Sale of Water Allocation, Contract of Sale of Water Allocation, Contract of Sale of Water Allocation
Seller’s Limitation of Liability. (a) Subject to clause 4.3(b) and to the extent permitted by Law, the Seller’s maximum aggregate liability to the Buyer and to any beneficially entitled third party, arising out of or in connection with either this Agreement or the sale of the Interim Water Allocation, and whether for breach of contract, tort (including negligence), breach of Law, restitution, under an indemnity or on any other ground whatsoever, is limited to the Purchase Price received by the Seller as at the date the claim is first made against the Seller.
(b) To the extent permitted by Law, the Seller will not be liable to the Buyer for:for:
(i) any Consequential Loss incurred by or awarded against the Buyer; or
(ii) any claim in connection with this Agreement (or the transfer or issue of the Water Allocation under it) unless the Buyer gives notice to the Seller of the claim (with reasonable details of the claim and basis for it) within 3 months from Completion.
Appears in 1 contract
Samples: Contract of Sale
Seller’s Limitation of Liability. (a) Subject to clause 4.3(b) and to the extent permitted by Law, the Seller’s maximum aggregate liability to the Buyer and to any beneficially entitled third party, arising out of or in connection with either this Agreement or the sale of the Water Allocation, and whether for breach of contract, tort (including negligence), breach of Law, restitution, under an indemnity or on any other ground whatsoever, is limited to the Purchase Price received by the Seller as at the date the claim is first made against the Seller.
(b) To the extent permitted by Law, the Seller will not be liable to the Buyer for:for:
(i) any Consequential Loss incurred by or awarded against the Buyer; or
(ii) any claim in connection with this Agreement (or the transfer of the Water Allocation under it) unless the Buyer gives notice to the Seller of the claim (with reasonable details of the claim and basis for it) within 3 months from Completion.
Appears in 1 contract
Samples: Contract of Sale of Water Allocation