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Try CasePortal for Free[Consolidated.] J. Watkins finds that the trial court properly ruled in favor of the data center services provider with respect to alleged damages exceeding $1 million in a breach of contract action brought by the financial services company. The action arose after the provider's facility experienced a power outage which left the company's suite without power for two hours, resulting in significant sales losses. Grossly negligent breaches of conduct fall under an exception to the parties' consequential damages waiver. The provider's liability to the company for grossly negligent breaches of contract is therefore limited to $1 million. However, the trial court incorrectly refused to grant summary judgment to the company as to one of the bases for the provider's defamation counterclaim arising from allegedly false statements the company's employees made to the provider's customers about the outage. Reversed in part.