Guidance Note - The Project Owner needs to consider the definition of 'Consequential Loss' on a case by case basis to confirm whether or not the losses included are 'consequential' (and hence not to be recoverable under the Agreement) for the purposes of the relevant Project and whether or not there are other losses which the Project Owner wishes to include in the definition of 'Consequential Loss' under the Agreement. Please refer to the Guidance Note in respect of definition of 'Consequential Loss' in clause 1.1. |
(a) Subject to clause 21(b), no Participant will be liable to another Participant for any Consequential Loss sustained by a Participant, whether caused by that Participant's breach of this Agreement, negligence or otherwise.
(b) A Participant will be liable for Consequential Loss to the extent that such Consequential Loss is covered and is recoverable under a policy of insurance taken out under this Agreement.