Common use of Exclusion of Consequential Damages Clause in Contracts

Exclusion of Consequential Damages. In no event shall a Party be liable to the other Party for special, consequential, punitive, incidental, indirect, or exemplary damages under any theory of liability whatsoever. Except to the extent Seller’s Liquidated Damages under Article 9 may be considered as such, in no event, whether as a result of breach of contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, shall a Party be liable to the other Party for loss of profit or revenues, loss of use of the Work or any associated equipment, cost of capital, cost of substitute equipment, facilities, services or replacement power, downtime costs, fines or penalties charged to Purchaser or Seller for failure to comply with Applicable Legal Requirements or permits, claims of Purchaser’s customers for such damages, or for any special, consequential, punitive, incidental, indirect, or exemplary damages. The foregoing shall not limit either Party’s obligation to pay any damages that may be awarded to a third party in connection with any claim to the extent that a Party is obligated to indemnify the other Party for such third party claim under this Contract.