Common use of Excluded Loss Clause in Contracts

Excluded Loss. (a) Subject to sub-clause 17.1 and to the extent permitted by law, in no circumstances will either party be liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to the other party for any indirect loss, damage, cost or expense suffered or incurred by that other party and arising out of the provision of the Services or of this Participation Agreement, even if the claiming party has advised the other party of their possibility, including with respect to (but only to the extent comprised in the foregoing types of indirect loss, damage, cost or expense) loss of business profits, revenue, opportunity, goodwill or anticipatory profits or business interruption, that may be incurred by the party. (b) Nothing in paragraph 17.7(a) will preclude the recovery by a party of loss or damage which may fairly and reasonably be considered to arise naturally, that is according to the usual course of things, from the breach or other act or omission giving rise to the relevant liability. (c) Without limitation, the parties agree that the following kinds of losses are not excluded by paragraph 17.7(a): (i) any reasonable legal costs incurred by the Financial Institution as a consequence of a delay in the occurrence of a Scheduled Settlement of a Conveyancing Transaction, to the extent that delay caused or contributed to by an act or omission of ▇▇▇▇; (ii) any loss suffered or sustained by the Financial Institution by the payment of an incorrect amount by that Financial Institution as a consequence of a Payment Instruction File that was incorrectly prepared by PEXA and that did not correctly record some or all of the payment instructions received by, or given to, ▇▇▇▇ by a Participating Subscriber; (iii) any loss suffered or sustained by the Financial Institution by the processing of any incorrect amount as a consequence of an ESA Settlement Instruction that was prepared by PEXA and that was incorrect or did not correctly record some or all of the required payments or amounts to be exchanged; and (iv) any other loss or damage that has been suffered or incurred by the Financial Institution as a consequence of a delay in the occurrence of a Scheduled Settlement, to the extent that the delay was caused or contributed to by an act or omission of ▇▇▇▇.

Excluded Loss. ‌ (a) Subject to sub-clause 17.1 and to the extent permitted by law, in no circumstances will either party be liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to the other party for any indirect loss, damage, cost or expense suffered or incurred by that other party and arising out of the provision of the Services or of this Participation Agreement, even if the claiming party has advised the other party of their possibility, including with respect to (but only to the extent comprised in the foregoing types of indirect loss, damage, cost or expense) loss of business profits, revenue, opportunity, goodwill or anticipatory profits or business interruption, that may be incurred by the party.party.‌ (b) Nothing in paragraph 17.7(a) will preclude the recovery by a party of loss or damage which may fairly and reasonably be considered to arise naturally, that is according to the usual course of things, from the breach or other act or omission giving rise to the relevant liability. (c) Without limitation, the parties agree that the following kinds of losses are not excluded by paragraph 17.7(a): (i) any reasonable legal costs incurred by the Financial Institution as a consequence of a delay in the occurrence of a Scheduled Settlement of a Conveyancing Transaction, to the extent that delay caused or contributed to by an act or omission of ▇▇▇▇; (ii) any loss suffered or sustained by the Financial Institution by the payment of an incorrect amount by that Financial Institution as a consequence of a Payment Instruction File that was incorrectly prepared by PEXA and that did not correctly record some or all of the payment instructions received by, or given to, ▇▇▇▇ by a Participating Subscriber; (iii) any loss suffered or sustained by the Financial Institution by the processing of any incorrect amount as a consequence of an ESA Settlement Instruction that was prepared by PEXA and that was incorrect or did not correctly record some or all of the required payments or amounts to be exchanged; and (iv) any other loss or damage that has been suffered or incurred by the Financial Institution as a consequence of a delay in the occurrence of a Scheduled Settlement, to the extent that the delay was caused or contributed to by an act or omission of ▇▇▇▇.