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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.


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