Common use of Exclusion of Consequential Clause in Contracts

Exclusion of Consequential. Loss under another Transaction Document (a) Subject to clause 7.5(b), Aurizon Network will not be liable to the Unit Holder for, and any indemnity given by Aurizon Network to the Unit Holder does not extend to, any Consequential Loss suffered by or claimed against the Unit Holder arising out of, or in any way related to, another Transaction Document. (b) Clause 7.5(a) does not apply to the extent: (i) expressly provided otherwise in another Transaction Document; or (ii) that a Transaction Document expressly provides that Aurizon Network is liable to pay an amount to the Unit Holder. (c) For the avoidance of doubt, Aurizon Network will not be liable to any Party (including for any Consequential Loss) for any matter of whatever nature concerning or in relation to the Unit Holder’s obligation to supply product from a mine to any third party or to make product available to transport.

Exclusion of Consequential. Loss under another Transaction Document (a) Subject to clause 7.5(b9.5(b), Aurizon Network will not be liable to the Unit Holder for, and any indemnity given by Aurizon Network to the Unit Holder does not extend to, any Consequential Loss suffered by or claimed against the Unit Holder arising out of, or in any way related to, another Transaction Document. (b) Clause 7.5(a9.5(a) does not apply to the extent: (i) expressly provided otherwise in another Transaction Document; or (ii) that a Transaction Document expressly provides that Aurizon Network is liable to pay an amount to the Unit Holder. (c) For the avoidance of doubt, Aurizon Network will not be liable to any Party (including for any Consequential Loss) for any matter of whatever nature concerning or in relation to the Unit Holder’s obligation to supply product from a mine to any third party or to make product available to transport.