Yes. In contracts used in the industry, ‘consequential loss’ is often explicitly excluded.
Please see the examples below:
Example 1
"The Unit Operator shall not, except in its capacity as an owner of a Percentage Interest, be liable for, and each Party shall to the extent of its Percentage Interest indemnify the Unit Operator against, all loss and damage arising, whether directly or indirectly, out of the performance, non- or mis-performance by the Unit Operator of its obligations hereunder, and against any and all actions, costs, claims, damages or demands arising in connection therewith, except in the case of any actions, costs, claims, damages or demands aforesaid arising out of the Wilful Misconduct of the Unit Operator PROVIDED THAT such exception shall not extend to any consequential loss and damage which, for the purpose of this Agreement, shall include but not be limited to, loss or damage arising out of postponement or interruption of production, inability to produce Unit Substances, loss of profit, loss of revenue or loss of use thereof or any loss in the nature of the foregoing."
Example 2
"Neither Group shall be liable to the other for consequential losses including, without limitation, damages through loss of production, loss of profits or income, loss of business or business expectations or loss of contract irrespective of Gross Negligence and or Wilful Misconduct."
Example 3
"Gross Negligence and or Wilful Misconduct means, in relation to a person, an intentional and conscious, or reckless, disregard by the person’s directors, supervisors or management employees or by any agent or contractor of the person acting in a supervisory or management capacity for that person, of any of the provisions of this Agreement or of good oil and gas field practice, but shall not include any error of judgment or mistake made by any such director, supervisor or such employee, agent or contractor, in the exercise, in good faith, of any function, authority or discretion conferred upon that person under this Agreement; and for the purpose of this definition “person” means any company, firm, partnership, association or body corporate."
Example 4
"The Operator shall not be liable to any Party hereto for any damage or loss resulting from Joint Operations conducted hereunder, unless such damage or loss results from its gross negligence (“grove schuld”) or wilful misconduct (“opzet”) and provided that in no case shall the Operator be liable to any Party for any consequential loss or damage such as any loss of oil or gas or loss of profit or any loss under any contract. The expression "gross negligence or wilful misconduct" shall be deemed not to include any omissions, errors or mistakes made by any such officer, director or employee in the exercise in good faith of any authority or discretion conferred upon the Operator under this Agreement."
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