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
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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.