Common use of EXCLUSION OF CONSEQUENTIAL LOSSES Clause in Contracts

EXCLUSION OF CONSEQUENTIAL LOSSES. 21.4.1 Subject to, and without prejudice to, Clause 21.1 and liquidated damages provisions contained within this Contract (which shall not be limited in nature by this Clause or otherwise save in the case of liquidated damages, if and where the Parties agree to a cap in respect of the same), neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) and, for the avoidance of doubt howsoever caused arising under this Contract. 21.4.2 Notwithstanding the provisions of Clause 21.4.1, the Parties acknowledge and agree that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract: 21.4.2.1 the Authority’s and the Service Recipients’ reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s or the Contractor Personnel’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed); 21.4.2.2 any costs incurred by the Authority and/or the Service Recipients in connection with the termination of this Contract by the Authority under Clauses 32.1 or 32.2, including those costs set out in Clauses 33.2 and 33.3 and/or the termination by the Authority of the Contractor’s obligation to Provide the Works for reasons R1-R15 (inclusive), R18 or R22 (as defined in the Capital Works Conditions of Contract); 21.4.2.3 the costs of reconstituting and/or recovering any Authority Data (and/or data of the Service Recipients) that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and 21.4.2.4 any direct loss or liability (including payment of service credits or liquidated damages) that the Authority and/or another Service Recipient suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the Contractor and/or of the Contractor Personnel.

EXCLUSION OF CONSEQUENTIAL LOSSES. 21.4.1 Subject to, and without prejudice to, Clause Clauses 21.1 and 21.2 and liquidated damages provisions contained within this Contract (which shall not be limited in nature by this Clause or otherwise save in the case of liquidated damages, if and where the Parties agree to a cap in respect of the same), otherwise) neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) and, for the avoidance of doubt howsoever caused arising under this Contract. 21.4.2 Notwithstanding the provisions of Clause 21.4.1, the Parties acknowledge and agree that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract: 21.4.2.1 the Authority’s and the Service Recipients’ reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s or the Contractor Personnel’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed); 21.4.2.2 any reasonable costs incurred by the Authority and/or the Service Recipients in connection with the termination of this Contract by the Authority under Clauses 32.1 or 32.2, including those costs set out in Clauses 33.2 and 33.3 and/or the termination by the Authority of the Contractor’s obligation to Provide the Works for reasons R1-R15 (inclusive), R18 or R22 (as defined in the Capital Works Conditions of Contract); 21.4.2.3 the costs of reconstituting and/or recovering any Authority Data (and/or data of the Service Recipients) that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and 21.4.2.4 any direct loss or liability (including payment of service credits or liquidated damages) that the Authority and/or another Service Recipient suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the Contractor and/or of the Contractor Personnel.

EXCLUSION OF CONSEQUENTIAL LOSSES. 21.4.1 18.4.1 Subject to, and without prejudice to, Clause 21.1 Clauses 18.1 and 18.2 and any and all indemnities and liquidated damages provisions contained within this Contract (which shall not be limited in nature by this Clause or otherwise save in the case of liquidated damages, if and where the Parties agree to a cap in respect of the same), otherwise) neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) and, for the avoidance of doubt howsoever caused arising under this Contract. 21.4.2 18.4.2 Notwithstanding the provisions of Clause 21.4.118.4.1, the Parties acknowledge and agree that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract: 21.4.2.1 18.4.2.1 the Authority’s and the Service Recipients’ reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s or the Contractor Personnel’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed); 21.4.2.2 18.4.2.2 any costs incurred by the Authority and/or the Service Recipients in connection with the termination of this Contract by the Authority under Clauses 32.1 28.1 or 32.228.2, including those costs set out in Clauses 33.2 29.2 and 33.3 29.3 and/or the termination by the Authority of the Contractor’s obligation to Provide the Works for reasons R1-R15 1 - 4 (inclusive), R18 reason 1A or R22 reason 9 (as defined in the Capital Works Conditions of Contract); 21.4.2.3 18.4.2.3 the costs of reconstituting and/or recovering any Authority Data (and/or data of the Service Recipients) that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and 21.4.2.4 18.4.2.4 any direct loss or liability (including payment of service credits or liquidated damages) that the Authority and/or another Service Recipient suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the Contractor and/or of the Contractor Personnel.