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SCHEDULE 3 - DISTRIBUTED ENERGY RESOURCES INTERCONNECTION PROCESS <br />recovery. <br /> <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 />delay is materially prejudicial to the indemnifying party. <br /> <br />12.4. Limitation of Liability <br />ct 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 /> <br />18 <br /> <br />162 <br />