this is in the new california generator contract 1 . limitation of liability and waiver of consequential damages . notwithstanding anything herein to the contrary , the remedies provided under this confirmation letter and master agreement are the exclusive remedies available to the parties . under no circumstances shall the maximum aggregate liability of epmi for damages under this confirmation letter and master agreement exceed one hundred percent ( 100 % ) of the fees paid to epmi under this confirmation 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 ( including negligence ) , breach of contract ( including any breach resulting in termination ) and indemnity obligations . neither party ( nor their directors , officers , employees , affiliates , or shareholders ) shall be entitled to recover incidental , indirect or consequential damages , including loss of profits , loss of business opportunities , loss of goodwill , increased operating costs , or any other special or incidental damages , or any punitive or exemplary damages .
this is in the new california generator contract
1 . limitation of liability and waiver of consequential damages . notwithstanding anything herein to the contrary , the remedies provided under this confirmation letter and master agreement are the exclusive remedies available to the parties . under no circumstances shall the maximum aggregate liability of epmi for damages under this confirmation letter and master agreement exceed one hundred percent ( 100 % ) of the fees paid to epmi under this confirmation 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 ( including negligence ) , breach of contract ( including any breach resulting in termination ) and indemnity obligations . neither party ( nor their directors , officers , employees , affiliates , or shareholders ) shall be entitled to recover incidental , indirect or consequential damages , including loss of profits , loss of business opportunities , loss of goodwill , increased operating costs , or any other special or incidental damages , or any punitive or exemplary damages .