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6 HLRe: Off Rec. 1 (2015-2016)

handle is hein.journals/hlreoffrec6 and id is 1 raw text is: ARTICLE CONSEQUENTIAL DAMAGES WAIVERS: HOW TO CONSEQUENTIALLY AND INCIDENTALLY (INCLUDING INDIRECTLY) WAIVE YOUR REMEDY Megan A. Ceder and Travis J. Distaso* ABSTRACT Consequential damages waivers are often quickly absorbed as boilerplate. There is, however, increasing literature on the recognition of the potential misuse of such waivers, especially with regard to the overlap between direct and consequential damages. This article comments briefly on the above and adds insights on the interpretation of specific terms in common consequential damages waivers. TABLE OF CONTENTS I. THE CORE OF CONTRACT ......................... ........2 II. HARKENING BACK TO HADLEY ..............4..........4 III. THE CONSEQUENCE OF CONSEQUENTIAL .................5 IV. WAIVING WORD By WORD ....................... ......6 A. State Interpretation ............7.........7 B. Incidental Damages ..........8..........8 C. Indirect Damages ..............9........9 * Megan A. Ceder and Travis J. Distaso are associates in the Energy Transactions and Projects Practice Group at Vinson & Elkins LLP, in Houston, Texas. They would like to thank Shay Kuperman for his help and guidance throughout the article-writing process, and Brooke Milbauer for her assistance and research. 1

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