Common use of Liability Between the Parties Clause in Contracts

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, nor agents shall be liable to the other Party for any loss, damage, claim, cost, charge, or expense arising from the Party’s performance or nonperformance under this Agreement, except for a Party’s gross negligence or willful misconduct and subject to applicable law. Notwithstanding the foregoing, neither Party, its directors, officers, employees, nor agents shall be liable for or be entitled to recover from the other Party, whether in contract, tort, or other legal theory, any damages for business interruption or loss of actual or anticipated profits or any indirect, consequential, special, incidental, economic, contingent, exemplary, or penal damages whatsoever. Nothing in this section shall be construed to exempt the Customer from BPA’s Rate Schedules, as may be amended from time to time.