Common use of LIMITING LIABILITY Clause in Contracts

LIMITING LIABILITY. (a) Nothing herein shall be construed as limiting the application or the protection of the EUA or LPR. (b) In no event shall the Service Provider’s liability to the AESO for any direct damages, whether based in in contract, tort, or otherwise exceed (i) one million dollars ($1,000,000), or (ii) the total amount of Monthly Payments received by the Service Provider under this Agreement, whichever amount is greater. Notwithstanding the foregoing, nothing herein shall limit the Service Provider’s liability to the AESO for any damages caused by the Service Provider’s gross negligence, wilful misconduct, or breach of Sections 9.1 – 9.9.

LIMITING LIABILITY. (a) Nothing herein shall be construed as limiting the application or the protection of the EUA or LPR. (b) In no event shall the Service Provider’s liability to the AESO for any direct damages, whether based in in contract, tort, or otherwise exceed (i) one million dollars ($1,000,000), or (ii) the total amount of Monthly Payments received by the Service Provider under this Agreement, whichever amount is greater. Notwithstanding the foregoing, nothing herein shall limit the Service Provider’s liability to the AESO for any damages caused by the Service Provider’s gross negligence, wilful willful misconduct, or breach of Sections 9.1 – 9.9.