Common use of Subject to Section 8 Clause in Contracts

Subject to Section 8. 1 of the GTCs and otherwise notwithstanding anything to the contrary in this Agreement, the Parties agree that: (a) with regard to any liability arising prior to the Commencement Date, Operator and its affiliate’s total aggregate liability to Customer Group under this Agreement and the T&D Agreement shall be limited to $100,000,000; and (b) with regard to any liability arising on or after the Commencement Date, Operator and its affiliate’s total aggregate liability to Customer Group under this Agreement and the T&D Agreement shall be limited to $55,000,000; provided that the foregoing limitations shall not apply to any third party Claim under or pursuant to Section 7.1 of the GTCs.

Appears in 2 contracts

Sources: Terminal Services Agreement (Arc Logistics Partners LP), Terminal Services Agreement (Arc Logistics Partners LP)