Common use of Exclusion of Consequential Loss Clause in Contracts

Exclusion of Consequential Loss. (a) As the CUSTOMER and/or USER, you expressly understand and agree that the KOMATSU ENTITIES will not be liable for any Consequential Loss. (b) In this article, Consequential Loss means any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract or tort, including negligence or otherwise, including, but not limited to, damages for actual or anticipated profit, loss of use, loss of productivity, loss of revenue, lost savings, business interruption of any nature, computer interruption, loss of contracts, loss of opportunity, increased costs and expenses, wasted expenditure, loss arising from delay, loss by reason of shutdown or non-operation or increased cost of borrowing capital or financing, loss of reputation or goodwill, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, including, but not limited to, damages resulting from: (i) the use or the inability to use the SERVICE or any KOMTRAX units; (ii) the cost of procurement of substitute services and goods resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into, through or from the SERVICE; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the SERVICE; (v) the performance or non-performance of the KOMTRAX units; (vi) failure by you to provide any notices required hereunder; or (vii) any other matter relating to the SERVICE.