IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER TO THE OTHER PARTY FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, OR LOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF IT HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER TOFOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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 FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, OR LOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF IT HAS NOTICEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Consequential Damages. IN NO EVENT SHALLWILL EITHER PARTY BE LIABLE HEREUNDERHAVE ANY CLAIMS AGAINST OR LIABILITY TO THE OTHER PARTY FORWITH RESPECT TO ANY INDIRECT, PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST REVENUE, LOST PROFITS,PROFITS OR LOST SAVINGS) HOWEVER CAUSED ANDREVENUES) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY,THEORY OF LIABILITY, EVEN IF ITSUCH PARTY HAS NOTICEBEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION SHALL NOT APPLY WITH RESPECT TO INDEMNITY FOR THIRD PARTY CLAIMS AS PROVIDED IN SECTION 8.5
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL EITHER PARTY BE LIABLE HEREUNDERDIRECTLY OR INDIRECTLY TO THE OTHER PARTYOTHER, TO ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS AT ANY TIER, INCLUDING SUPPLIERS OF ANY KIND, AGENTS, OR TO ITS SUCCESSORS OR PERMITTED ASSIGNEES FOR ANY PUNITIVE,AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS, OR OTHER INDIRECT, SPECIAL, INCIDENTALINCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, OR LOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF IT HAS NOTICE OFPUNITIVE DAMAGES, ARISING FROM THIS CONTRACT, WHETHER THE POSSIBILITYBASIS OF SUCH DAMAGES.LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OF ANY TYPE AND STRICT LIABILITY), STATUTE OR OTHER LEGAL OR EQUITABLE THEORY.
LIMITATION OF INCIDENTAL DAMAGES. IN NO EVENT SHALLWILL EITHER PARTY BE LIABLE HEREUNDER TO THE OTHER PARTY FOR LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTALCONSEQUENTIAL, INCIDENTAL, OR CONSEQUENTIALPUNITIVE DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, OR LOST SAVINGS)OF ANY NATURE WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY,THEORY OF LIABILITY WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EVEN IF ITSUCH PARTY HAS NOTICEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER TO THE OTHER PARTY FOR ANY PUNITIVE,INCIDENTAL, INDIRECT, SPECIAL, INCIDENTALPUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDINGDAMAGES, LOST REVENUE, LOST PROFITS,PROFITS OR LOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF IT HAS NOTICEREVENUES ARISING FROM OR RELATED TO THIS AGREEMENT, EXCEPT TO THE EXTENT RESULTING FROM FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT AND/OR FOR EITHER PARTY’S BREACH OF THE POSSIBILITY OF SUCH DAMAGES.ARTICLE 13 HEREOF.
LIMITATION OF DAMAGES. WITH THE EXCEPTION OF A PARTY’S INDEMNIFICATION OBLIGATIONS OR CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER TO THE OTHER PARTY OR HAVE A RIGHT AS AGAINST THE OTHER PARTY FOR ANY PUNITIVE,CONSEQUENTIAL, SPECIAL, INDIRECT, SPECIAL, INCIDENTALINCIDENTAL, EXEMPLARY OR CONSEQUENTIALPUNITIVE DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, OR LOST SAVINGS) HOWEVER CAUSED AND UNDER ANY THEORY, EVEN IF ITTHEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY HAS NOTICEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.DAMAGE; PROVIDED, HOWEVER, LOST PROFITS SHALL BE RECOVERABLE. This Section shall survive the expiration, cancellation or termination of this Agreement.
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