Disclaimer of Indirect Damages. Except for liability arising out of breaches of Section 5 (Fees and Payment) in no event shall either party, be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for lost profits or revenues, or for any indirect, special, exemplary, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, whether incurred by a third party or Customer, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
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