Common use of AEMO Liability Cap Clause in Contracts

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.