Common use of TO THE FULLEST EXTENT PERMITTED BY LAW Clause in Contracts

TO THE FULLEST EXTENT PERMITTED BY LAW. AND NOTWITHSTANDING ARTICLE 7.1 OR ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL A PARTY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO THE OTHER PARTY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, REPLACEMENT POWER COSTS, LOST PROFITS OR REVENUES, LOSS OF GOOD WILL OR LOST BUSINESS OPPORTUNITIES) OR PUNITIVE DAMAGES RELATED TO OR RESULTING FROM PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR ANY ACTIVITY ASSOCIATED WITH OR ARISING OUT OF THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW. THE CONTRACTOR (1) SHALL BE SOLELY RESPONSIBLE AND NOTWITHSTANDING ARTICLE 7.1 OR ANY LIABLE TO THE OWNER AND THE OTHER PROVISION INDEMNIFIED PARTIES (AS DEFINED IN SECTION 3.16.1 ABOVE) FOR THE ACTS AND OMISSIONS OF THIS AGREEMENT, IN NO EVENT SHALL A PARTYTHE CONTRACTOR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTSSUBCONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE AGENTS AND AFFILIATES, AND (2) SHALL INDEMNIFY, DEFEND, PROTECT AND HOLD HARMLESS THE OWNER AND THE OTHER INDEMNIFIED PARTIES FROM AND AGAINST ALL DEMANDS, CLAIMS, DAMAGES, SUITS, ACTIONS, PROCEEDINGS, LIABILITIES, COSTS, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, COURT COSTS AND REASONABLE ATTORNEYS’ FEES (“CLAIMS”), TO THE OTHER PARTYEXTENT ARISING, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE ACTS OR OMISSIONS OF THE CONTRACTOR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTSSUBCONTRACTORS, SUCCESSORS AGENTS OR ASSIGNSAFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL FROM AN CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, REPLACEMENT POWER COSTSBODILY INJURY, LOST PROFITS SICKNESS, DISEASE OR REVENUESDEATH, OR LOSS OF GOOD WILL OR LOST BUSINESS OPPORTUNITIES) DAMAGE TO PROPERTY), WHETHER FORESEEN OR PUNITIVE DAMAGES RELATED TO OR RESULTING FROM PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR ANY ACTIVITY ASSOCIATED WITH OR ARISING OUT OF THIS AGREEMENTUNFORESEEN.