Common use of Overall Limitation of Liability Clause in Contracts

Overall Limitation of Liability. The total aggregate liability of Contractor to Owner, the Financing Parties, or any other party claiming through either of them hereunder on claims of any kind in any way arising out of the Work or Contractor’s alleged breach of this Agreement, shall in no case exceed an amount equal to * percent (*%) of the Total Contractor Compensation for (a) after Contractor has conducted a Performance Test, but failed to achieve the minimum requirements necessary to successfully pass such Performance Test, amounts expended on rework, repair, replacement or other modifications and additional work to correct defects or errors for which Contractor is financially responsible under the terms of the Agreement, and (b) all liquidated damages paid by Contractor to Owner pursuant to Article 8 or (c) other damage or liability amounts paid to Owner hereunder; provided that such limitation of liability shall not apply to or limit Contractor’s liability: (i) for any loss, claim or damage suffered or sustained due to willful misconduct of Contractor or any Subcontractor; (ii) for any indemnity obligation of Contractor under Article 12; (iii) with respect to any claims against Owner by any Subcontractor of Contractor; (iv) for any failure of Contractor to obtain or maintain the insurance required under Article 2.9 hereof; and (v) before Contractor has conducted a Performance Test, but failed to achieve the minimum requirements necessary to successfully pass such Performance Test, amounts expended on rework, repair, replacement or other modification and additional work to correct defects or errors for which Contractor is financially responsible under the terms of the Agreement.