Common use of Aggregate Limit of Liability Clause in Contracts

Aggregate Limit of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OPERATOR’S MAXIMUM AGGREGATE LIABILITY (I) TO OWNER INDEMNITEES WITH RESPECT TO LIABILITIES OR CLAIMS OF EVERY KIND AND CHARACTER UNDER THIS SECTION 14.0 OR (II) OTHERWISE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, WHETHER INCURRED BY AN OWNER PARTY OR THIRD PARTY, RELATED TO THE SERVICES OR THE OPERATION OF THE RENEWABLE FUELS FACILITY OR TO OPERATOR’S PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, WILL NOT EXCEED THE LIABILITY CAP, EVEN IF SUCH LIABILITY IS CAUSED BY THE SOLE, JOINT, AND/OR CONCURRENT NEGLIGENCE, BREACH OF A PERFORMANCE STANDARD, REPRESENTATION, COVENANT, OR WARRANTY, STRICT LIABILITY, OR ANY OTHER FAULT OF OPERATOR INDEMNITEES, ANY OWNER PARTY, ANY THIRD PARTY OR ANY OF THEM. ANY LIABILITY CAUSED BY THE GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF THE OPERATOR OR ITS REPRESENTATIVES, OR AS PROVIDED FOR IN SECTION 14.2.3, SHALL IN NO INSTANCE BE LIMITED BY THE LIABILITY CAP.

Aggregate Limit of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OPERATORHEREIN, WITH THE EXCEPTION OF DAMAGES RESULTING FROM CONSTRUCTION MANAGER’S (A) GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT OR (B) BREACH OF CONSTRUCTION MANAGER’S OBLIGATION UNDER SECTION 4.4(d) ABOVE, CONSTRUCTION MANAGER’S MAXIMUM AGGREGATE LIABILITY (I) TO OWNER INDEMNITEES WITH RESPECT TO FOR ANY AND ALL CLAIMS AND LIABILITIES OR CLAIMS OF EVERY KIND AND CHARACTER UNDER THIS SECTION 14.0 6 OR (II) OTHERWISE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, WHETHER INCURRED BY AN OWNER PARTY OR THIRD PARTY, RELATED TO THE SERVICES OR THE OPERATION OF THE RENEWABLE FUELS FACILITY OR TO OPERATORINCLUDING CONSTRUCTION MANAGER’S PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, WILL NOT EXCEED THE LIABILITY LIABLITY CAP, EVEN IF SUCH LIABILITY IS CAUSED BY THE SOLE, JOINT, AND/OR CONCURRENT NEGLIGENCE, BREACH OF A PERFORMANCE STANDARD, REPRESENTATION, COVENANT, OR WARRANTY, STRICT LIABILITY, OR ANY OTHER FAULT OF OPERATOR INDEMNITEESCONSTRUCTION MANAGER. FOR THE SAKE OF CLARITY AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ANY OWNER PARTYTHE LIABILITY CAP SHALL NOT APPLY TO OR LIMIT CONSTRUCTION MANAGER’S RESPONSIBILITY TO PROVIDE THE SERVICES AND COMPLETE, ANY THIRD PARTY OR ANY IN ACCORDANCE WITH THE TERMS OF THEM. ANY LIABILITY CAUSED BY THIS AGREEMENT, THE GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT CONSTRUCTION OF THE OPERATOR OR ITS REPRESENTATIVESRENEWABLE DIESEL FACILITY AND TO PAY THE EXCESS PROJECT COSTS, OR AS PROVIDED FOR IN PURSUANT TO SECTION 14.2.3, SHALL IN NO INSTANCE BE LIMITED BY THE LIABILITY CAP4.4.(d).

Aggregate Limit of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN HEREIN, WITH THE EXCEPTION OF DAMAGES RESULTING FROM OPERATOR’S BREACH OF ITS OBLIGATIONS UNDER SECTION 5.3.3 OR ITS OWN GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT, OPERATOR’S MAXIMUM AGGREGATE LIABILITY (I) TO OWNER INDEMNITEES WITH RESPECT TO LIABILITIES OR CLAIMS OF EVERY KIND AND CHARACTER UNDER THIS SECTION 14.0 13 OR (II) OTHERWISE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, WHETHER INCURRED BY AN OWNER PARTY OR THIRD PARTY, RELATED TO THE SERVICES OR THE OPERATION OF THE RENEWABLE FUELS DIESEL FACILITY OR TO OPERATOR’S PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, WILL NOT EXCEED THE LIABILITY CAP, EVEN IF SUCH LIABILITY IS CAUSED BY THE SOLE, JOINT, AND/OR CONCURRENT NEGLIGENCE, BREACH OF A PERFORMANCE STANDARD, REPRESENTATION, COVENANT, OR WARRANTY, STRICT LIABILITY, OR ANY OTHER FAULT OF OPERATOR INDEMNITEES, ANY OWNER PARTY, ANY THIRD PARTY OR ANY OF THEM. ANY LIABILITY CAUSED BY THE GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT OF THE OPERATOR OR ITS REPRESENTATIVES, OR AS PROVIDED FOR IN SECTION 14.2.3, SHALL IN NO INSTANCE BE LIMITED BY THE LIABILITY CAP.