Common use of Indemnities/Limitation of Liability Clause in Contracts

Indemnities/Limitation of Liability. ‌ 10.1 The Client shall indemnify the Supplier against any and all losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs calculated on a full indemnity basis and all other profession costs and expenses), costs, damages, claims, demands, legal action or liabilities suffered or incurred by the Supplier arising directly or indirectly from a breach by the Client of this Agreement or failure by the Client to comply with its obligations under this Agreement, including in relation to clauses 9 or 14. 10.2 The restrictions on liability in this clause 10 apply to every liability arising under or in connection with this Agreement including liability in contract tort (including negligence), misrepresentation, restitution or otherwise. 10.3 Nothing in this Agreement limits any liability which cannot legally be limited including liability for:‌ 10.3.1 death or personal injury caused by negligence; 10.3.2 fraud or fraudulent misrepresentation; 10.3.3 any matter in respect of which it would be unlawful for the parties to exclude or restrict liability. 10.4 Subject to clause 10.3, the Supplier's total liability to the Client shall not exceed an aggregate amount of the Services Fees paid by the Client to the Supplier 10.5 Subject to clause 10.3, the Supplier shall not be liable under this Agreement for any: 10.5.1 loss of profits; 10.5.2 loss of sales or business; 10.5.3 loss of agreements or contracts; 10.5.4 loss of anticipated savings; 10.5.5 loss of use or corruption of software, data or information; 10.5.6 loss, or damage of whatever nature due to or arising through any cause beyond its reasonable control; 10.5.7 loss of or damage to goodwill; 10.5.8 any consequential impact of underperformance of the Equipment including but not limited to causing the Client to exceed the capacity of its supply or agreed service capacity; 10.5.9 indirect or consequential loss incurred or suffered by the Client; and 10.5.10 damage to third party equipment including but not limited to any loss or damage arising from use of the Equipment. 10.6 Subject to clause 10.3, all implied terms and conditions as to the quality or performance of the Equipment and any other goods or services provided under this Agreement are to the fullest extent permitted by law excluded from this Agreement. 10.7 The Supplier provides no guarantee of: 10.7.1 performance or electricity generation and has no liability with respect to any potential lost value thereof due to equipment malfunction or underperformance of the Equipment. For the avoidance of doubt, this includes both the value of any potential energy exported to the grid, the value of any energy savings and/or any costs arising from the energy consumed at the Site; 10.7.2 rate of charge provided to any EV using the Equipment and has no liability with respect to any potential lost revenue due to a failure to charge EVs for any reason, such as loss of communication, equipment malfunction, account issues, or a reduction in rate of charge arising from but not limited to depletion of any battery storage forming part of the Equipment in connection with provision of the DLM Services and the DSR Services and/or measures required by applicable legislation, rules and codes of practice.