Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence, or willful misconduct.
Appears in 6 contracts
Sources: Dynamic Scheduling Host Balancing Authority Operating Agreement, Transferred Frequency Response Agreement, Dynamic Scheduling Host Balancing Authority Operating Agreement
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, exemplary or punitive arising from the Party’s performance or nonperformance under this Operating Agreement, except for a Party’s gross negligence, or willful misconduct.
Appears in 2 contracts
Sources: Interconnected Control Area Operating Agreement, Interconnected Control Area Operating Agreement
Liability Between the Parties. The Parties’ ' duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated hereinin this Agreement. Neither Party, its directors, officers, employees, contractors, or agents, agents shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s 's performance or nonperformance under this Agreement, except for a Party’s 's gross negligence, negligence or willful misconductmisconduct subject to applicable law.
Appears in 2 contracts
Sources: Coordinated Transmission Agreement, Coordinated Transmission Agreement
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, or whether arising in tort, contract or other theory of law or equity, arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence, or willful misconductas may be otherwise specified herein.
Appears in 1 contract
Sources: Agreement for Assignment of Responsibility for Complying With Nerc Reliability Standards
Liability Between the Parties. The Parties’ duties and standard of care with respect to each other, and the benefits and rights conferred on each other, shall be no greater than as explicitly stated herein. Neither Party, its directors, officers, employees, or agents, shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense, whether direct, indirect, or consequential, arising from the Party’s performance or nonperformance under this Operating Agreement, except for a Party’s gross negligence, or willful misconduct.
Appears in 1 contract