IN THE INDUCEMENT OF THIS CONTRACT) SHALL NOT EXCEED
$20,000,000.
THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE
AND EFFECT REGARDLESS OF PURCHASER'S REMEDIES AVAILABLE UNDER THIS AGREEMENT, AT
LAW OR IN EQUITY.
(C)
[***]
(ii)
As to Purchaser:
(A)
NOTWITHSTANDING ANY PROVISION OF THIS CONTRACT TO THE CONTRARY
INCLUDING THE INDEMNIFICATION CLAUSE AND INSURANCE CLAUSE, PURCHASER SHALL NOT
BE LIABLE TO CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING UNDER OR DIRECTLY OR INDIRECTLY
RELATING TO THIS CONTRACT OR THE SUBJECT MATTER HEREOF, (INCLUDING WITHOUT
LIMITATION LOSS OF USE, INCOME, PROFITS OR ANTICIPATED PROFITS, BUSINESS OR
BUSINESS OPPORTUNITY, SAVINGS, DATA, OR BUSINESS REPUTATION) ARISING UNDER, OR
IN CONNECTION WITH THIS CONTRACT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, EQUITY, OR WHEN THE DAMAGES ARE
ALLEGED TO BE CAUSED BY TORTIOUS CONDUCT, BREACH OF WARRANTY OR ANY OTHER
THEORY, WHATSOEVER, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF,
KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT SUCH DAMAGES COULD OCCUR.
(B)
PURCHASER'S TOTAL AGGREGATE LIABILITY ON A PER VESSEL BASIS, (EXCLUSIVE
OF PURCHASER'S OBLIGATIONS FOR PAYMENTS UNDER ARTICLE 4 OR FOR LOSSES OR OTHER
CLAIMS THAT WOULD HAVE BEEN COVERED BY INSURANCE REQUIRED TO BE OBTAINED BY
PURCHASER UNDER PURCHASER'S INSURANCE ARTICLE 22 WHERE PURCHASER HAS NOT
OBTAINED THE REQUIRED INSURANCE,
31
OR FOR PURCHASER'S FRAUD IN THE INDUCEMENT OF THIS CONTRACT) SHALL NOT EXCEED
$20,000,000.
THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE
AND EFFECT REGARDLESS OF CONTRACTOR'S REMEDIES AVAILABLE UNDER THIS AGREEMENT,
AT LAW OR IN EQUITY.
(l)
Express Guarantees Exclusive.
THE EXPRESS GUARANTEES OF CONTRACTOR, AS
SET FORTH IN THIS CONTRACT, ARE THE EXCLUSIVE GUARANTEES OF CONTRACTOR AND ARE
IN LIEU OF, AND PURCHASER HEREBY WAIVES, ALL OTHER GUARANTEES OR WARRANTIES,
EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE AND
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS.
(m)
Deficiencies Not Timely Discovered or Reported.
Contractor shall not
be liable for any Deficiencies, whether latent or patent, that are not
discovered prior to the expiration of the Guaranty Period or are not reported to
Contractor within the time provided in paragraph (b) of this Article.
20
MAKER'S LIST, SPARE PARTS, TOOLS, AND SUPPLIES
(a)
Spare Parts, Tools and Supplies.
The Contract Price includes the cost
of the class spares and other spares set forth in the Specifications.
(1)
Any spares, parts, tools, special tooling and supplies that are not
identified in this Article are not included in the Contract Work.
(2)
Contractor shall provide Purchaser, within 90 days after the Effective
Date, with offered lists of spares, and one- and three-year manufacturer's
recommended lists of spares and pricing from all makers referred to in the Maker
List.
(b)
Maker's List.
(1)
The "Maker's List," as used in this Contract, shall be the Maker's List
dated August 8, 2016, which is