PUBLIC LAW 106-37-^JULY 20, 1999 113 STAT. 199 (b) PRESERVATION OF EXISTING LAW. —The duty imposed by this section is in addition to any duty to mitigate imposed by State law. (c) EXCEPTION FOR INTENTIONAL FRAUD.— Subsection (a) does not apply to damages suffered by reason of the plaintiff's justifiable reliance upon an affirmative materigd misrepresentation by the defendeuit, made by the defendant with actual knowledge of its falsity, concerning the potentied for Y2K failure of the device or system used or sold by the defendeint that experienced the Y2K failure alleged to have caused the plgdntiff's harm. SEC. 10. APPLICATION OF EXISTING IMPOSSIBILITY OR COMMERCIAL 15 USC 6609. IMPRACTICABILITY DOCTRINES. In any Y2K action for breach or repudiation of contract, the applicability of the doctrines of impossibility and commercial impracticability shall be determined by the law in existence on January 1, 1999. Nothing in this Act shall be construed as limiting or impairing a party's right to assert defenses based upon such doctrines. SEC. 11. DAMAGES LIMITATION BY CONTRACT. 15 USC 6610. In any Y2K action for breach or repudiation of contract, no party may cledm, or be awarded, any category of damages unless such damages are allowed— (1) by the express terms of the contract; or (2) if the contract is silent on such damages, by operation of State law at the time the contract was effective or by operation of Federal law. SEC. 12. DAMAGES IN TORT CLAIMS. 15 USC 6611. (a) IN GENERAL. —^A party to a Y2K action making a tort claim, other than a claim of intentional tort auising independent of a contract, may not recover damages for economic loss luiless— (1) the recovery of such losses is provided for in a contract to which the party seeking to recover such losses is a party; or (2) such losses result directly from damage to tangible personal or real property caused by the Y2K failure involved in the action (other than damage to property that is the subject of the contract between the parties to the Y2K action or, in the event there is no contract between the parties, other than damage caused only to the property that experienced the Y2K failure), and such damages Eire permitted under applicable FedersJ or State law. (b) ECONOMIC LOSS. —For purposes of this section only, and except as otherwise specifically provided in a VEilid and enforceable written contract between the plaintiff and the defendant in a Y2K action, the term "economic loss" means amoiuits aweirded to compensate an injured party for any loss, and includes amounts awarded for damages such as— (1) lost profits or sales; (2) business interruption; (3) losses indirectly suffered as a result of the defendant's wrongful act or omission; (4) losses that eurise because of the claims of third parties; (5) losses that must be pled as special damages; and
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