Examples of Aggregate Liability Cap in a sentence
The liability cap in Clause 24 (Railway Costs) is a sub-cap to the Aggregate Liability Cap.
Liability Limitations Total Aggregate Liability Cap for all damages shall be [TBD] of a value equal to EPC Agreement Price excluding (i) achievement of Mechanical Completion, (ii) liability associated with third party personal injury and property damage caused by Contractor’s fault or negligence, (iii) Patent Infringement, and (iv) proceeds from insurance.
Notwithstanding the foregoing, Seller’s Maximum Aggregate Liability Cap shall not apply with respect to (i) Seller’s indemnity obligations under Section 20 of this Agreement, (ii) any amounts to be prorated under Xxxxxxxxx 00 xxxxx, (xxx) Seller’s obligations under Paragraph 35 below, or (iv) Seller’s fraud.
The provisions of this Section 20 shall survive the Close of Escrow and the indemnity obligations hereunder expressly fall outside of the Maximum Aggregate Liability Cap (as defined below) and are not capped by Buyer’s full Deposit amount.
The liability caps in Clause 3.6 (design), Clause 13.4 (Liquidated Damages) and Clause 24.4 (Railway Costs) are sub-caps to the Aggregate Liability Cap.