Mutual waiver of consequential damages clause samples

3.Mutual Waiver of Consequential Damages. Except if covered by insurance and except for Confidentiality obligations set forth in no event shall either Party be liable to the other for any indirect, special, incidental, exemplary, punitive or consequential damages (including loss of business, staff time, goodwill, use or other economic advantage), whether based upon breach of contract, breach of warranty, tort (including negligence), whether or not either Party has previously been advised of the possibility of such damages. This mutual waiver of consequential damages shall not apply to those claims for damages arising from the gross negligence or intentional or willful misconduct of a Party.

11.13 Mutual Waiver of Consequential Damages. SUNRUN AND THE CONTRACTOR WAIVE CLAIMS AGAINST EACH OTHER FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS CONTRACT EXCEPT TO THE EXTENT THAT DELAY FEES, FINANCIAL FUND DELAY FEES OR ITC DAMAGES WOULD CONSTITUTE CONSEQUENTIAL DAMAGES. FOR PURPOSES OF THIS CONTRACT, “CONSEQUENTIAL DAMAGES” INCLUDES, BUT ARE NOT LIMITED TO THE FOLLOWING: (I) DAMAGES INCURRED BY SUNRUN FOR LOSSES OF USE, INCOME, PROFIT AND FINANCING; AND (II) DAMAGES INCURRED BY THE CONTRACTOR FOR PRINCIPAL OFFICE AND SITE OFFICE EXPENSES (INCLUDING BUT NOT LIMITED TO THE COMPENSATION OF PERSONNEL STATIONED THERE) AND FOR LOSSES OF INCOME,PROFIT OR FINANCING FROM OR RELATED TO THIS CONTRACT OR THE CONTRACTOR ‘S OTHER CONTRACTS. NOTWITHSTANDING THE FOREGOING, THIS WAIVER OF CONSEQUENTIAL DAMAGES SHALL NOT APPLY TO OR ACT TO LIMIT THE INDEMNIFICATION OBLIGATIONS OF EITHER PARTY OR LIABILITY FOR BREACH OF THE CONFIDENTIALITY PROVISIONS OF THIS CONTRACT.

13. LIMITED MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Excluding losses covered by insurance required by this Agreement, the Owner and Miner agree to waive all claims against each other for any consequential or indirect damages that may arise out of or relate to this Agreement. The Owner agrees to waive damages including but not limited to the Owner’s loss of use of the Project, any rental expenses incurred, loss of income, profit or financing related to the Project, as well as the loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of reputation, or insolvency. The Miner agrees to waive damages including but not limited to loss of business, loss of financing, principal office overhead and expenses, loss of profits not related to this Project, loss of bonding capacity, loss of reputation, or insolvency. The provisions of this Paragraph shall also apply to the termination of this Agreement and shall survive such termination. The Owner and the Miner shall require similar waivers in contracts with Subcontractors and others retained for the project.