Common use of EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES Clause in Contracts

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CONTRACT, NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES, UNDER ANY WARRANTY (EXPRESS, IMPLIED, OR STATUTORY) OR UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, TORT, STRICT LIABILITY, CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY) HAVE ANY LIABILITY TO EACH OTHER OR TO CUSTOMER OR CUSTOMER’S CUSTOMERS OR TO ANYONE ELSE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, COST OF CAPITAL, OR ANY OTHER FORM OF ECONOMIC LOSS RESULTING FROM ANY BREACH OF THIS CONTRACT OR WITH RESPECT TO ANY DEFECT IN DESIGN OR MANUFACTURE, NON-CONFORMANCE OR DEFICIENCY IN ANY INFORMATION, INSTRUCTIONS, SERVICES OR OTHER THINGS PROVIDED PURSUANT TO THIS CONTRACT.