Common use of Limitation of Terminal Operator Liability Clause in Contracts

Limitation of Terminal Operator Liability. (a) The liability of Terminal Operator to Original User and Capacity Exchange User deriving from or howsoever connected with Terminal Operator’s performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence or willful misconduct in accordance with clause 12.1.1(a) of the Terminal Access Code. (b) The maximum aggregate liability of Terminal Operator arising pursuant to clause 9.1(a) shall not exceed 20% of the then-current value, determined as of the date such liability arose, of the CEA Sendout exchanged under this Agreement. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred by Original User or Capacity Exchange User.

Limitation of Terminal Operator Liability. (a) The liability of Terminal Operator to Original User and Capacity Exchange User deriving from or howsoever connected with Terminal Operator’s performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence or willful misconduct in accordance with clause 12.1.1(a) of the Terminal Access Code. (b) The maximum aggregate liability of Terminal Operator arising pursuant to clause 9.1(a) shall not exceed 20% of the then-current value, determined as of the date such liability arose, of the CEA Sendout exchanged sold under this Agreement. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred by Original User or Capacity Exchange User.