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SCHEDULE 3-DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br /> amount of such indemnified person's actual loss, net of any insurance or other <br /> recovery. <br /> Promptly after receipt by an indemnified person of any claim or notice of the <br /> commencement of any action or administrative or legal proceeding or investigation as <br /> to which the indemnity provided for in this article may apply, the indemnified person <br /> shall notify the indemnifying party of such fact. Any failure of or delay in such <br /> notification shall not affect a Party's indemnification obligation unless such failure or <br /> delay is materially prejudicial to the indemnifying party. <br /> 12.4. Limitation of Liability <br /> Each party's liability to the other party for any loss, cost, claim, injury, liability, or <br /> expense, including reasonable attorney's fees, relating to or arising from any act or <br /> omission in its performance of this Agreement, shall be limited to the amount of direct <br /> damage actually incurred. In no event shall either party be liable to the other party for <br /> an indirect, incidental, special, consequential, or punitive damages of any kind <br /> whatsoever, except as allowed under in Section 12.3. <br /> 18 <br /> 153 <br />