Message-ID: <19626915.1075845814825.JavaMail.evans@thyme>
Date: Mon, 31 Dec 1979 16:00:00 -0800 (PST)
From: kay.mann@enron.com
Subject: 
Mime-Version: 1.0
Content-Type: text/plain; charset=ANSI_X3.4-1968
Content-Transfer-Encoding: quoted-printable
X-From: Kay Mann
X-To: 
X-cc: 
X-bcc: 
X-Folder: \Kay_Mann_June2001_2\Notes Folders\Discussion threads
X-Origin: MANN-K
X-FileName: kmann.nsf

14.2 Consequential Damages.

In no event shall Contractor or Owner be liable to the other, either=20
individually or jointly and irrespective of whether alleged to be by way of=
=20
indemnity as a result of breach of contract, breach of warranty, tort,=20
(including negligence), strict liability, or any other legal theory, and=20
whether arising before or after completion of the Facility, for, and each o=
f=20
Contractor and Owner hereby waives any right to, damages that constitute=20
consequential damages, or incidental, special, indirect, or consequential=
=20
damages of any nature whatsoever, including, but not limited to, losses or=
=20
damages caused by reason of unavailability of the Facility, shutdowns or=20
service interruptions, loss of use, non-operation of the Facility or any=20
Equipment or Contractor=01,s Equipment, loss of power or cost of replacemen=
t=20
power, loss of profits or revenue, loss of contracts, cost of capital,=20
inventory or use charges, cost of purchased or replacement power, loss of=
=20
fuel, interest charges or claims of Owner=01,s customers.