Liability Generally. Neither party shall be responsible for special or consequential or incidental damages (including lost profits) of the other party arising out of such party's performance or non-performance of this Agreement or a Further Agreement, provided 12 that nothing herein shall limit a party's liability for damages (other than the exclusion of special, consequential or incidental damages), including costs of repair and remediation, to its or the other party's Site. Each party shall use all reasonable efforts to minimize its damages caused by the other party.
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Sources: Shared Facilities and Services Agreement (Century Aluminum Co)
Liability Generally. Neither party shall be responsible for special or consequential or incidental damages (including lost profits) of the other party party, or for punitive damages awarded against the other party, based upon or arising out of such party's performance or non-performance of this Agreement or a Further Agreement, provided 12 that nothing herein shall limit a party's liability for damages (other than the exclusion of special, consequential or incidental damages), including costs of repair and remediation, to its or the other party's Site. Each party shall use all reasonable efforts to minimize its damages caused by the other party.
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