AEMO Liability Cap Clause Samples

The AEMO Liability Cap clause sets a maximum limit on the amount of financial liability that the Australian Energy Market Operator (AEMO) can incur under a contract or regulatory framework. In practice, this means that if AEMO is found liable for damages or losses—such as those arising from market operations, system failures, or errors—its total financial responsibility cannot exceed the specified cap, regardless of the actual loss suffered. This clause is essential for providing certainty and risk management to both AEMO and counterparties, as it prevents potentially unlimited financial exposure and helps parties assess and allocate risk more effectively.
AEMO Liability Cap. (a) Subject to paragraph (b) and other than in respect of any unpaid Charges, the total amount recoverable from AEMO in respect of any and all Claims arising out of any one or more events during the Term with respect to, arising from, or in connection with, this Agreement or the provision of SRAS is limited to a maximum aggregate amount of $5,000,000. (b) Regardless of the nature of any Claim, AEMO is not liable in any circumstances for any: (i) damages or losses that are not direct and do not flow naturally from a breach of this Agreement, even if they may reasonably be supposed to have been in the contemplation of both parties as a probable result of the breach at the time they entered into this Agreement; (ii) loss of market, opportunity or profit (whether direct or indirect); or (iii) damages or losses to the extent that a Claim results from the SRAS Provider’s failure to act in accordance with this Agreement, a Law or good electricity industry practice.
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AEMO Liability Cap. (a) Subject to paragraph (b) and other than in respect of any unpaid Charges, the total amount recoverable from AEMO in respect of any and all Claims arising out of any one or more events during the Term with respect to, arising from, or in connection with, this Agreement or the provision of NSCAS is limited to a maximum aggregate amount of $5,000,000. (b) Regardless of the nature of any Claim, AEMO is not liable in any circumstances for any: (i) damages or losses that are not direct and do not flow naturally from a breach of this Agreement, even if they may reasonably be supposed to have been in the contemplation of both parties as a probable result of the breach at the time they entered into this Agreement; (ii) loss of market, opportunity or profit (whether direct or indirect); or (iii) damages or losses to the extent that a Claim results from the NSCAS Provider’s failure to act in accordance with this Agreement, a Law or good electricity industry practice.
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AEMO Liability Cap. Subject to paragraph (b) and other than in respect of any unpaid Service Charges, the total amount recoverable from AEMO in respect of any and all Claims arising out of any one or more events during the Term with respect to, arising from, or in connection with, this Agreement or the provision of a Service is limited to a maximum aggregate amount of $5,000,000. Regardless of the nature of any Claim, AEMO is not liable in any circumstances for any: damages or losses that are not direct and do not flow naturally from a breach of this Agreement, even if they may reasonably be supposed to have been in the contemplation of both parties as a probable result of the breach at the time they entered into this Agreement; loss of market, opportunity or profit (whether direct or indirect); or damages or losses to the extent that a Claim results from Service Provider’s failure to act in accordance with this Agreement, a Law or good electricity industry practice.
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Related to AEMO Liability Cap

  • Liability Cap TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO SURVEYMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“GENERAL CAP”). NOTWITHSTANDING THE FOREGOING, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS RELATED TO A PARTY’S BREACH OF ITS OBLIGATIONS UNDER SECTION 7 (“SECURITY AND PRIVACY”) AND SECTION 9 ("CONFIDENTIALITY") ABOVE SHALL NOT EXCEED TWO (2) TIMES THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY (“ENHANCED CAP”). THE GENERAL CAP AND ENHANCED CAP WILL NOT APPLY TO LIABILITY FOR (A) FRAUD OR WILFUL MISCONDUCT, (B) DEATH OR PERSONAL INJURY, (C) INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR (D) CUSTOMER’S OBLIGATION TO PAY ANY UNDISPUTED FEES, INVOICES OR COSTS UNDER THIS AGREEMENT.

  • Excess/Umbrella Liability Excess/umbrella liability insurance may be included to meet minimum requirements. Umbrella coverage must indicate the existing underlying insurance coverage.

  • Excess Liability Developer will purchase and maintain excess liability insurance in an amount not less than $5,000,000.

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Umbrella/Excess Liability The A/E may employ an umbrella/excess liability policy to achieve the above-required minimum coverage.