Common use of Exclusion of Indirect Damage Clause in Contracts

Exclusion of Indirect Damage. (a) Subject to clause 19.3(b): (i) either or both of the User or the Indemnifier is not in any circumstances liable to Western Power for any Indirect Damage suffered by Western Power, however arising; and (ii) Western Power is not in any circumstances liable to either or both of the User or the Indemnifier for any Indirect Damage suffered by the User, however arising. (b) Where this Contract states that “the exclusion of Indirect Damage in clause 19.3 does not apply”“, or words to a similar effect, in relation to a matter, then: (i) the exclusion of Indirect Damage in clause 19.3 does not apply in relation to that matter; and (ii) the Parties’ liability in relation to the matter is to be determined by Law, and to avoid doubt the definition of Indirect Damage in this Contract is to be disregarded for the purposes of that determination.

Exclusion of Indirect Damage. (a) Subject to clause 19.3(b): (i) either or both of Error! Reference source not found.(c), the User or the Indemnifier is not in any circumstances liable to Western Power for any Indirect Damage suffered by Western Power, however arising; and. (iib) Subject to clause Error! Reference source not found.(c), Western Power is not in any circumstances liable to either or both of the User or the Indemnifier for any Indirect Damage suffered by the User, however arising. (bc) Where this Contract Agreement states that “the exclusion of Indirect Damage in clause 19.3 Error! Reference source not found. does not apply”“, ” or words to a similar effect, in relation to a matter, matter then: (i) the exclusion of Indirect Damage in clause 19.3 Error! Reference source not found. does not apply in relation to that matter; and (ii) the Parties’ liability in relation to the matter is to be determined by Law, and to avoid doubt the definition of Indirect indirect Damage in this Contract Agreement is to be disregarded for the purposes of that determination.