Message-ID: <27395752.1075863303242.JavaMail.evans@thyme> Date: Thu, 9 Aug 2001 10:58:53 -0700 (PDT) From: c..hall@enron.com To: h..foster@enron.com, bill.williams@enron.com Subject: This is in the new California Generator Contract Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable X-From: Hall, Steve C. X-To: Foster, Chris H. , Williams III, Bill X-cc: X-bcc: X-Folder: \Williams III, Bill (Non-Privileged)\Bill Williams III X-Origin: Williams-B X-FileName: Williams III, Bill (Non-Privileged).pst 1.=09Limitation of Liability and Waiver of Consequential Damages. Notwiths= tanding anything herein to the contrary, the remedies provided under this C= onfirmation Letter and Master Agreement are the exclusive remedies availabl= e to the Parties. Under no circumstances shall the maximum aggregate liabi= lity of EPMI for damages under this Confirmation Letter and Master Agreemen= t exceed one hundred percent (100%) of the fees paid to EPMI under this Con= firmation Letter (the "Aggregate Limit"). The Aggregate Limit is the total= aggregate liability of EPMI under any theory of recovery, and includes but= is not limited to liquidated damages, warranty obligations, tort (includin= g negligence), breach of contract (including any breach resulting in termin= ation) and indemnity obligations. Neither party (nor their directors, offi= cers, employees, affiliates, or shareholders) shall be entitled to recover = incidental, indirect or consequential damages, including loss of profits, l= oss of business opportunities, loss of goodwill, increased operating costs,= or any other special or incidental damages, or any punitive or exemplary d= amages.