Waiver of Consequential. DAMAGES Notwithstanding anything else in this Agreement to the contrary, the Buyer and Seller waive claims against each other and shall not be liable to each other for lost profits, consequential damages, delay damages, damages resulting from late delivery of goods, shutdowns, interruption of service or operations, damage to any property other than the goods subject to this Agreement. This limitation on liability shall apply regardless of the foreseeability of the damages and regardless of whether the claim is grounded in contract, tort, or statute. However, this waiver shall not preclude the recovery of any liquidated damages expressly called for by this Agreement.
Waiver of Consequential. DAMAGES To the extent the agreement between the Owner and the Contractor provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and the Services Subcontractor waive
Waiver of Consequential. DAMAGES To the extent the agreement between the Prime Contractor and the Contractor provides for a mutual waiver of consequential damages by the Prime Contractor and the Contractor, the Contractor and the Services Subcontractor waive claims against each other for any consequential damages that may arise out of or relate to this Agreement. Similarly, the Services Subcontractor shall obtain from its consultants and contractors mutual waivers of consequential damages that correspond to the Services Subcontractor’s waiver of consequential damages herein. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or the Prime Contractor in accordance with this Agreement or the agreement between the Prime Contractor and the Contractor.
Waiver of Consequential. Damages In no event shall any Secured Party be liable on any theory of liability for any special, indirect, consequential or punitive damages and each Obligor hereby waives, releases and agrees (for itself and on behalf of its Subsidiaries) not to xxx upon any such claim for any such damages, whether or not accrued and whether or not known or suspected to exist in its favour. 130
Waiver of Consequential. Other Damages In no event will Vendor or Purchaser be liable for any consequential damages for loss of profits, loss of revenue or loss of anticipated business suffered or incurred as a result of any failure to comply with the provisions of the Purchase Order; provided that this limitation shall not apply in respect of any willful or intentional misconduct, fraud, or gross negligence on the part of Vendor, Purchaser or their respective agents, officers, employees or servants.
Waiver of Consequential. Damages Mutual waiver from consequential, incidental, special and indirect damages and including each party’s subcontractors. Incentive Bonus Shall be agreed later for schedule, heat rate and output. Indemnities Contractor shall indemnify and hold harmless Owner from: Third party personal injury to the extent caused by negligent, tortuous acts or omissions of Contractor, subcontractors or their agents, and employees, during performance of the Work Third party property damage to the extent caused by negligent, tortious acts or omissions of Contractor, subcontractors or their agents, and employees, during performance of the Work Patent Infringement arising from Contractor’s Work Taxes that it is responsible for under the EPC Agreement. Hazardous materials brought to Site by Contractor or Contractor’s subcontractors Government fines and penalties associated with noncompliance with laws by Contractor or Contractor’s subcontractors Owner will provide parallel indemnities to Contractor (except for patent). Warranty Contractor warrants: (i) it will at all times be fully qualified and capable of performing the Work to complete the Facility according with the terms of the EPC Agreement and all Work shall be in accordance with the manufacturer or vendor’s warranty requirements, (ii) the design, engineering, construction and commissioning of the Facility has and will be: (a) carried out using skill, care and diligence expected of experienced professional engineers and constructors in the independent power production industry, (b) in accordance with good modern engineering principles and practices of a standard equivalent to similar US power projects and all codes and standards of the EPC Agreement, and (iii) the Facility including Equipment and other items furnished by Contractor shall be new, of good quality, free from defects in materials and workmanship and shall conform with all applicable laws regarding construction effective at NTP (or INTP, as applicable). The Design Warranty shall be for a period of two (2) years from SC (“Design Warranty Period”). The General Warranty shall extend for a period of one year from SC (“General Warranty Period”) on all Work with a one year re-warranty, not to exceed two years from SC, for any Work replaced or reworked during the Warranty Period. Contractor shall repair or replace all Work, which does not conform to the foregoing warranty at its sole cost and expense and shall have full responsibility for all “in and out” efforts ...
Waiver of Consequential. DAMAGES Owner and Contractor agree to waive all claims against each other for any consequential damages that may arise out of or relate to this Agreement. Owner agrees to waive damages including but not limited to Owner's loss of use of the Project, any rental expenses incurred, loss of income, profit or financing related to the Project as well as the loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, or loss of reputation. Contractor agrees to waive damages including but not limited to loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of bonding capacity or loss of reputation. This Paragraph shall not be construed to preclude contractual provisions for liquidated damages when such provisions relate to direct damages only. The provisions of this Paragraph shall also apply to the termination of this Agreement and shall survive such termination.
Waiver of Consequential and Punitive Damages FOR THE AVOIDANCE OF DOUBT, EACH PARTY HEREBY EXPRESSLY DISCLAIMS, WAIVES AND RELEASES THE OTHER PARTY FROM ITS OWN SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES (INCLUDING LOSS OF, DAMAGE TO OR DELAY IN PROFIT, REVENUE OR PRODUCTION) RELATING TO, ASSOCIATED WITH, OR ARISING OUT OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY. NO LAW, THEORY, OR PUBLIC POLICY SHALL BE GIVEN EFFECT WHICH WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THE FOREGOING WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH DAMAGE WAIVER IS TO BE GIVEN THE FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER LEGAL FAULT OF ANY PARTY.
Waiver of Consequential. Damages In no event shall Contractor be liable to Subcontractor for special, indirect, or consequential damages resulting from or arising out of this Subcontract or any applicable Work Order including, without limitation, loss of profits or business interruptions, however they may be caused. Article 15 Agreement 15.1 The PREPA Agreement and all Work Orders described in Article 1 form part of this Subcontract and the whole shall constitute the entire Subcontract between the parties. This Subcontract shall be for the benefit of and binding upon Contractor and Subcontractor and their respective successors and permitted assigns.
Waiver of Consequential. DAMAGESTo the extent the agreement between the Owner and the Contractor provides for a mutual waiver of consequential damages by the Owner and the Contractor, the Contractor and the Services Subcontractor waive claims against each other for any consequential damages that may arise out of or relate to this Agreement. Similarly, the Services Subcontractor shall obtain from its consultants and contractors mutual waivers of consequential damages that correspond to the Services Subcontractor’s waiver of consequential damages herein. To the extent applicable, this mutual waiver applies to consequential damages due to termination by the Contractor or the Owner in accordance with this Agreement or the agreement between the Owner and the C o n t r a c t o r .
