Limitations of Liability, Remedies and Damages. Except pursuant to the provisions of Article 6, each Party acknowledges and agrees that in no event shall any of the Party’s Affiliates, partners, trustees, members, shareholders, owners, officers, managers, directors, employees, agents, or any Affiliates thereof be liable to the other Party for any payments, obligations or performance due under this Agreement or any breach or failure of performance of either Party; and the sole recourse for payment or performance of the obligations under this Agreement shall be against Seller or issuer or of any Letter of Credit for the account of Seller, or Buyer and each of their respective assets and not against any other Person.
Appears in 2 contracts
Sources: Energy Services Agreement, Power Purchase Agreement