Basic principles. The Parties shall be obliged to compensate to each other only for such direct damage based on this Framework Agreement that is caused by the intent or negligence of the Party that caused the damage. Neither Party shall be obliged to compensate to the other Party for any indirect or consequential damage. The Party suffering the possible damage shall be obliged to immediately take all necessary reasonable measures to promote the prevention or restriction of damage. If the Party fails to do this, resulting in an increase in damage, the Party shall bear the liability alone in this respect. In the event that liability for damages to a third party arises, both Parties shall be liable for the damage caused by its own work performance or equipment. #16409964v14 For the avoidance of doubt, it is noted that the Transmission System Operator with System Responsibility shall not be liable for errors in information contained in digital systems of the Transmission System Operator with System Responsibility, obstacles to access to digital systems of the Transmission System Operator with System Responsibility, errors in the storage of information contained in digital systems of the Transmission System Operator with System Responsibility or disturbances in digital systems used for the maintenance of, for example, registers, unless the error is caused by the intent or negligence of the Transmission System Operator with System Responsibility. Unless otherwise provided for System Responsibility or in natural gas market legislation otherwise, the Transmission System Operator with System Responsibility shall be deemed to have exercised due care if it has entrusted the establishment and maintenance of its digital system to a professional entity. The Parties shall not be responsible for damage relating to Capacity Agreements and Capacity Transfers unless the damage is proven to have been caused by the neglect of a Party or a party acting on its behalf which cannot be regarded as minor. The Parties shall not be liable to each other for indirect or consequential damage such as profit loss or damages paid by a Party to a third party or any other consequential damage unless the damage has been caused intentionally or with gross negligence or breach of non-disclosure obligation.
