new california generator contract 1 limitation liability waiver consequential damages notwithstanding anything herein contrary remedies provided confirmation letter master agreement exclusive remedies available parties circumstances shall maximum aggregate liability epmi damages confirmation letter master agreement exceed one hundred percent 100 fees paid epmi confirmation letter aggregate limit aggregate limit total aggregate liability epmi theory recovery includes limited liquidated damages warranty obligations tort including negligence breach contract including breach resulting termination indemnity obligations neither party directors officers employees affiliates shareholders shall entitled recover incidental indirect consequential damages including loss profits loss business opportunities loss goodwill increased operating costs special incidental damages punitive exemplary damages