Common use of Limitation of Liability in Event of Breach Clause in Contracts

Limitation of Liability in Event of Breach. A Breaching Party shall have no liability hereunder to any other Party, and each other Party hereby releases the Breaching Party, for all claims or damages it incurs that are associated with any interruption in the availability of the Direct Assignment Facilities or Customer-Funded Upgrades identified in Appendix I to this Upgrade CSA, the Transmission System, or Transmission Service, or associated with damage to the Direct Assignment Facilities or Customer-Funded Upgrades identified in Appendix I to this Upgrade CSA, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Upgrade CSA.

Limitation of Liability in Event of Breach. A Construction Party (“Breaching Party Party”) shall have no liability hereunder to any other Construction Party, and each other Construction Party hereby releases the Breaching Party, for all claims or damages it incurs that are associated with any interruption in the availability of the Direct Assignment Facilities or Customer-Funded Customer FacilityNetwork Upgrades identified in Appendix I to this Upgrade CSA, the Interconnection Facilities, Transmission System, or Transmission ConstructionTransmission Service, or associated damages to a Construction Party’s facilitiesassociated with damage to the Direct Assignment Facilities or Customer-Funded Network Upgrades identified in Appendix I to this Upgrade CSA, except to the extent such interruption or damage is caused by the Breaching Party’s gross negligence or willful misconduct in the performance of its obligations under this Upgrade Interconnection Construction Service Agreement. CSA.