No Consequential Damages. IN NO EVENT WILL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITY TO THE OTHER PARTY WITH RESPECT TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS OR REVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5

LIMITATION OF INCIDENTAL DAMAGES. IN NO EVENT WILL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYBE LIABLE TO THE OTHER PARTY WITH RESPECT TOFOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTALCONSEQUENTIAL, INCIDENTAL, OR CONSEQUENTIALPUNITIVE DAMAGES OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING ANY CLAIMS FOR LOST PROFITSWITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTORY OR REVENUES)OTHERWISE, ARISING UNDEROUT OF OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWNADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5DAMAGES.

DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT WILLSHALL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYBE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANYFOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, INCIDENTALPUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FORDAMAGES, LOST PROFITS OR REVENUES)LOST REVENUES ARISING UNDERFROM OR IN CONNECTION WITHRELATED TO THIS AGREEMENT UNDER ANY THEORYAGREEMENT, EXCEPT TO THE EXTENT RESULTING FROM FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT AND/OR FOR EITHER PARTY’S BREACH OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5ARTICLE 13 HEREOF.

LIMITATION OF DAMAGES. WITH THE EXCEPTION OF A PARTY’S INDEMNIFICATION OBLIGATIONS OR CONFIDENTIALITY OBLIGATIONS, IN NO EVENT WILLSHALL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYBE LIABLE TO THE OTHER PARTY WITH RESPECT TO ANYOR HAVE A RIGHT AS AGAINST THE OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, SPECIAL, INCIDENTALINCIDENTAL, EXEMPLARY OR CONSEQUENTIALPUNITIVE DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS OR REVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENTHOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IFLIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWNADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATIONDAMAGE; PROVIDED, HOWEVER, LOST PROFITS SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5BE RECOVERABLE. This Section shall survive the expiration, cancellation or termination of this Agreement.

IN NO EVENT WILLSHALL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYBE LIABLE HEREUNDER TO THE OTHER PARTY WITH RESPECT TOFOR ANY PUNITIVE, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITSREVENUE, LOST PROFITS, OR REVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENTLOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY,THEORY, EVEN IF SUCH PARTYIT HAS BEEN INFORMED OR SHOULD HAVE KNOWNNOTICE OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5DAMAGES.

LIMITATION ON DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILLSHALL EITHER PARTY HAVEBE LIABLE FOR ANY CLAIMS AGAINSTSPECIAL, CONSEQUENTIAL OR LIABILITY TO THE OTHER PARTY WITH RESPECT TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY CLAIMS FOR LOST PROFITS OR REVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5OTHER LEGAL THEORY.

EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLSHALL EITHER PARTY HAVEBE LIABLE FOR ANY CLAIMS AGAINSTINDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR LIABILITY TOPUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF REVENUE, PROFITS, DATA OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY WITH RESPECT TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS OR REVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWNADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5DAMAGES.

Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN NO EVENT WILL EITHERTHIS AGREEMENT, NEITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYSHALL BE LIABLE TO THE OTHER PARTY WITH RESPECT TOFOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS, LOST GOODWILL, LOST REVENUE AND LOST OPPORTUNITY) ARISING OUT OF ANY CLAIMS FOR LOST PROFITSOF THE TERMS OR REVENUES) ARISING UNDER OR IN CONNECTION WITHCONDITIONS OF THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5ITS PERFORMANCE HEREUNDER. The foregoing limitation of liability and exclusion of damages applies even if a Party had or should have had knowledge, actual or constructive, of the possibility of such damages. The foregoing limitation of liability and exclusion of damages shall apply whether a claim is based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability or otherwise, and notwithstanding any failure of essential purpose of any limited remedy herein.

Limitations on Liability. IN NO EVENT WILLSHALL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYITS AFFILIATES BE LIABLE TO THE OTHER PARTY WITH RESPECT TOFOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, SPECIAL, INCIDENTALEXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITSDAMAGES, WHETHER BASED UPON A CLAIM OR REVENUES)ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITHOUT OF THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWN OFAGREEMENT, PROVIDED THAT, NOTWITHSTANDING ANYTHING TO THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THATCONTRARY, THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECTBE CONSTRUED TO LIMIT THE INDEMNITY OBLIGATIONS SET FORTH IN SECTIONS 11.1 AND 11.2 ABOVE OR EITHER PARTY’S LIABILITY FOR THIRD PARTY CLAIMS AS PROVIDED INPATENT INFRINGEMENT OR BREACH OF SECTION 8.59.1.

Limitation of Liability of Any Party. THE PARTIES ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NO EVENT WILL EITHER PARTY HAVE ANY CLAIMS AGAINST OR LIABILITYSHALL BE LIABLE TO THE OTHERANOTHER PARTY WITH RESPECT TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS OR REVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDEROR ASSERT A CLAIM FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OR THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED OR SHOULD HAVE KNOWNANY UNDERLYING CAUSE OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDEDACTION THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5MIGHT OTHERWISE APPLY.