INDIRECT OR CONSEQUENTIAL LOSS. (a) Despite any other provision of this agreement, neither Project Co nor any Project Co Associate has any Liability to the Operator, any D&C Stadium Personnel or any Stadium Personnel, nor is the Operator, any D&C Stadium Personnel or any Stadium Personnel entitled to make any Claim against Project Co or any Project Co Associate, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by the Operator, any D&C Stadium Personnel or any Stadium Personnel arising out of or in connection with this agreement. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 14.6(a) does not apply to exclude Liability for: (i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by, Project Co or any Project Co Associate; (ii) wilful misconduct under this agreement by Project Co or any Project Co Associate; (iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person; (iv) matters which, by Law, the parties cannot limit or exclude; (v) any statutory fine arising from any breach of Law or Authorisation by Project Co or a Project Co Associate; or (vi) any other moneys expressly payable to the Operator under this agreement other than for loss of opportunity, profit, anticipated profit, business, business opportunities or revenue, any failure to realise anticipated savings and cost of capital and other financing costs. (b) Despite any other provision of this agreement, none of the Operator, any D&C Stadium Personnel or any Stadium Personnel has Liability to the Project Co or any Project Co Associate, nor is Project Co or any Project Co Associate entitled to make any Claim against the Operator, any D&C Stadium Personnel or any Stadium Personnel, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by Project Co or any Project Co Associate arising out of or in connection with this agreement. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 14.6(b) does not apply to exclude Liability for: (i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by the Operator, any D&C Stadium Personnel or any Stadium Personnel; (ii) wilful misconduct under this agreement by the Operator, any D&C Stadium Personnel or any Stadium Personnel; (iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person; (iv) matters which, by Law, the parties cannot limit or exclude; (v) any statutory fine arising from any breach of Law or Authorisation by the Operator, any D&C Stadium Personnel or any Stadium Personnel; or (vi) any other moneys expressly payable to Project Co under this agreement other than for loss of opportunity, profit, anticipated profit, business, business opportunities or revenue, any failure to realise anticipated savings and cost of capital and other financing costs. (c) (Trust – Project Co Associates): (i) Project Co declares that it holds on trust for each of the Project Co Associates, the benefit of the Indirect and Consequential Loss exclusion in Clause 14.6(a) given by the Operator under this agreement in favour of each Project Co Associate. (ii) The Operator acknowledges the existence of such trusts and consents to: (A) Project Co exercising rights in relation to, or otherwise enforcing, the Indirect and Consequential Loss exclusion in Clause 14.6(a) on behalf of the Project Co Associates; and (B) the Project Co Associates exercising rights in relation to, or otherwise enforcing the Indirect and Consequential Loss exclusion in Clause 14.6(a). (iii) Project Co and the Operator agree that the consent of the Project Co Associates will not be required for any amendment to, or waiver of, rights in accordance with this agreement. (d) (Trust – Stadium Personnel and D&C Stadium Personnel): (i) The Operator declares that it holds on trust for each of the Stadium Personnel and D&C Stadium Personnel, the benefit of the Indirect and Consequential Loss exclusion in Clause 14.6(a) given by Project Co under this agreement in favour of each Stadium Personnel and D&C Stadium Personnel. (ii) Project Co acknowledges the existence of such trusts and consents to: (A) the Operator exercising rights in relation to, or otherwise enforcing, the Indirect and Consequential Loss exclusion in 14.6(b) on behalf of the Stadium Personnel and D&C Stadium Personnel; and (B) the Stadium Personnel and D&C Stadium Personnel exercising rights in relation to, or otherwise enforcing the Indirect and Consequential Loss exclusion in Clause 14.6(b). (iii) Project Co and the Operator agree that the consent of the Stadium Personnel and D&C Stadium Personnel will not be required for any amendment to, or waiver of, rights in accordance with this agreement.
Appears in 1 contract
Sources: Operational Interface Agreement
INDIRECT OR CONSEQUENTIAL LOSS.
(a) Despite any other provision of this agreement, neither Project Co nor any Project Co Associate has any Liability to the Operator, any D&C Stadium Personnel or any Stadium Personnel, nor is the Operator, any D&C Stadium Personnel or any Stadium Personnel entitled to make any Claim against Project Co or any Project Co Associate, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by the Operator, any D&C Stadium Personnel or any Stadium Personnel arising out of or in connection with this agreement. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 14.6(a) does not apply to exclude Liability for:for:
(i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by, Project Co or any Project Co Associate;Associate;
(ii) wilful misconduct under this agreement by Project Co or any Project Co Associate;
(iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person;
(iv) matters which, by Law, the parties cannot limit or exclude;
(v) any statutory fine arising from any breach of Law or Authorisation by Project Co or a Project Co Associate; or
(vi) any other moneys expressly payable to the Operator under this agreement other than for loss of opportunity, profit, anticipated profit, business, business opportunities or revenue, any failure to realise anticipated savings and cost of capital and other financing costs.costs.
(b) Despite any other provision of this agreement, none of the Operator, any D&C Stadium Personnel or any Stadium Personnel has Liability to the Project Co or any Project Co Associate, nor is Project Co or any Project Co Associate entitled to make any Claim against the Operator, any D&C Stadium Personnel or any Stadium Personnel, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by Project Co or any Project Co Associate arising out of or in connection with this agreement. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 14.6(b) does not apply to exclude Liability for:for:
(i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by the Operator, any D&C Stadium Personnel or any Stadium Personnel;Personnel;
(ii) wilful misconduct under this agreement by the Operator, any D&C Stadium Personnel or any Stadium Personnel;
(iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person;
(iv) matters which, by Law, the parties cannot limit or exclude;
(v) any statutory fine arising from any breach of Law or Authorisation by the Operator, any D&C Stadium Personnel or any Stadium Personnel; or
(vi) any other moneys expressly payable to Project Co under this agreement other than for loss of opportunity, profit, anticipated profit, business, business opportunities or revenue, any failure to realise anticipated savings and cost of capital and other financing costs.costs.
(c) (Trust – Project Co Associates):
(i) Project Co declares that it holds on trust for each of the Project Co Associates, the benefit of the Indirect and Consequential Loss exclusion in Clause 14.6(a) given by the Operator under this agreement in favour of each Project Co Associate.
(ii) The Operator acknowledges the existence of such trusts and consents to:
(A) Project Co exercising rights in relation to, or otherwise enforcing, the Indirect and Consequential Loss exclusion in Clause 14.6(a) on behalf of the Project Co Associates; and
(B) the Project Co Associates exercising rights in relation to, or otherwise enforcing the Indirect and Consequential Loss exclusion in Clause 14.6(a).
(iii) Project Co and the Operator agree that the consent of the Project Co Associates will not be required for any amendment to, or waiver of, rights in accordance with this agreement.
(d) (Trust – Stadium Personnel and D&C Stadium Personnel):
(i) The Operator declares that it holds on trust for each of the Stadium Personnel and D&C Stadium Personnel, the benefit of the Indirect and Consequential Loss exclusion in Clause 14.6(a) given by Project Co under this agreement in favour of each Stadium Personnel and D&C Stadium Personnel.
(ii) Project Co acknowledges the existence of such trusts and consents to:
(A) the Operator exercising rights in relation to, or otherwise enforcing, the Indirect and Consequential Loss exclusion in 14.6(b) on behalf of the Stadium Personnel and D&C Stadium Personnel; and
(B) the Stadium Personnel and D&C Stadium Personnel exercising rights in relation to, or otherwise enforcing the Indirect and Consequential Loss exclusion in Clause 14.6(b).
(iii) Project Co and the Operator agree that the consent of the Stadium Personnel and D&C Stadium Personnel will not be required for any amendment to, or waiver of, rights in accordance with this agreement.
Appears in 1 contract
Sources: Operational Interface Agreement