X18 Limitation of liability Clause Samples

X18 Limitation of liability. The Consultant’s liability to the Employer for indirect or consequential loss is Nil The Employer’s liability to the Consultant for indirect or consequential loss is Nil The total Direct liability does not exceed 100% of the contract value cumulative total for either party

X18 Limitation of liability. The Consultant’s liability to the Employer for indirect or consequential loss is limited to: R0.00 (Zero Rand)

X18 Limitation of liability. The Contractor’s liability to the Employer for indirect or consequential loss is limited to Value of the Contract X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to the amount of the deductibles relevant to the event described in the “Format A” insurance policy available on request from Eskom Group Insurance

X18 Limitation of liability. The Contractor’s liability to the Employer for indirect or consequential loss is limited to R0.0 (zero Rand) X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to the amount of the deductibles relevant to the event described in the “Format TSC3” insurance policy available on ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/InsurancePoli ciesProcedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx X18.3 The Contractor’s liability for Defects due to his design of an item of Equipment is limited to The greater of  the total of the Prices at the Contract Date and  the amounts excluded and unrecoverable from the Employer’s insurance (other than the resulting physical damage to the Employer’s property which is not excluded) plus the applicable deductibles in the Employer’s assets and works / maintenance policies available on X18.4 X18.5 ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/In surancePoliciesProcedures/Pages/ EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx The Contractor’s total liability to the the total of the Prices other than for the Employer, for all matters arising under or additional excluded matters. in connection with this contract, other than the excluded matters, is limited to The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for  Defects due to his design, plan and specification,  Defects due to manufacture and fabrication outside the Affected Property,  loss of or damage to property (other than the Employer’s property, Plant and Materials),  death of or injury to a person and  infringement of an intellectual property right. The end of liability date is 52 months after the end of the service period.

X18 Limitation of liability. The Contractor’s liability to the Employer for indirect or consequential loss is limited to Value of the Contract X18.2 For any one event, the Contractor’s The amount of R 2 Million in respect of the liability to the Employer for loss of or deductibles payable with regard to the damage to the Employer’s property is Employer`s Property Damage Asset Insurance limited to X18.3 The Contractor’s liability for Defects due to The total of the prices with respect to the his design of an item of Equipment is limited defective item, plus the amount of the to deductibles payable with respect to the resultant damage.

X18 Limitation of liability. The Contractor’s liability to the Employer for indirect or consequential loss is limited to R0.0 (zero Rand) X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to the amount of the deductibles relevant to the event described in the “Format TSC3” insurance policy The Contractor’s liability for payment of the Employer’s insurance deductible shall be limited to the relevant deductibles payable in terms of the relevant Eskom insurance policy in force as at Contract Date and to the extent that the deductible does not exceed the total of the Prices. The Contractor shall only be liable for the payment of the Employer’s insurance deductibles when loss or damages is not attributable to the Employer.

X18 Limitation of liability. The Consultant’s liability to the Employer for indirect or consequential loss is limited to: R0.00 (Zero Rand) X18.3 X18.2 The Consultant’s liability to the Employer for Defects that are not found until after the defects date is limited to: The Consultant, including its Sub consultants, is not liable to the Employer for loss of revenue, loss of profit, loss of productions, loss of contracts, loss of use, loss of power, cost of capital, cost of purchased or replacement power, cost of substitute equipment or services, claims of third parties, financial or economic loss or any indirect loss or damage or expense of whatsoever nature. The end of liability date is two years after Completion of the whole of the services/task order. The Additional conditions of contract are

X18 Limitation of liability. The Contractor’s liability to the Employer for indirect or consequential loss is limited to: R0.0 (zero Rand) X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to: the amount of the deductibles relevant to the event described in the insurance policy format selected in the data for clause 84.1 above, which policy is available on ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇/Tenders/InsurancePoliciesProcedures/Pages/EIMS_Policies_ From_1_April_2014_To_31_March_2015.aspx X18.3 The Contractor’s liability for Defects due to his design which are not listed on the Defects Certificate is limited to The greater of the total of the Prices at the Contract Date and the amounts excluded and unrecoverable from the Employer’s assets policy for correcting the Defect (other than the resulting physical damage which is not excluded) plus R15M first amount payable in terms of the Employer’s assets policy.

X18 Limitation of liability. The Contractor’s liability to the Employer for indirect or consequential loss is limited to R0.0 (zero Rand) X18.2 For any one event, the Contractor’s liability to the Employer for loss of or damage to the Employer’s property is limited to R25 (twenty five) million in respect of the deductibles as described in the Employer`s Generation Asset Property Damage Insurance Policy In respect of a Nuclear Peril incident, the Deductible is “Nil” X18.3 The Contractor’s liability for Defects due to his design of an item of Equipment is limited to The greater of the total of the Prices at the date of loss the amount stated in the Contract Data X18.4 The Contractor’s total liability to the Employer, for all matters arising under or in connection with this contract, other than the excluded matters, is limited to the total of the Prices other than for the additional excluded matters. The Contractor’s total liability for the additional excluded matters is not limited. The additional excluded matters are amounts for which the Contractor is liable under this contract for • Defects due to his design, plan and specification, • Defects due to manufacture and fabrication outside the Affected Property, • loss of or damage to property (other than the Employer’s property, Plant and Materials), • death of or injury to a person and • infringement of an intellectual property right.