Incidental/Consequential Damages. EXCEPT FOR ANY AMOUNTS PAYABLE TO A THIRD PARTY PURSUANT TO ITS INDEMNIFICATION OBLIGATIONS ARISING UNDER THIS ARTICLE 6 OR A BREACH OF ARTICLE 8.11 (PROVIDED THAT SUCH BREACH WAS THE RESULT OF A BAD FAITH, NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD), NEITHER PARTY SHALL BE RESPONSIBLE TO THE OTHER FOR SPECIAL, INCIDENTAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF USE DAMAGES) OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED PURSUANT TO THIS AGREEMENT; PROVIDED THAT HIGHWATER SHALL BE ENTITLED TO SEEK LOSS OF PROFITS DAMAGES THAT ARE A DIRECT RESULT OF DAMAGE CAUSED TO THE FACILITY FROM CONSTRUCTION OF THE BUTAMAX UNIT BY BUTAMAX OR ONE OF BUTAMAX’S CONTRACTORS, BUT ONLY TO THE EXTENT THAT THE AMOUNT OF SUCH DAMAGES ARE RECOVERABLE FROM THIRD PARTY INSURANCE MAINTAINED BY BUTAMAX’S CONTRACTORS.
Incidental/Consequential Damages. In no event will either party be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of profits, use, data or other economic advantage), however it arises, whether for breach of this Agreement, or in tort, even if that party has been previously advised of the possibility of such damage. 10. Information Systems.
Incidental/Consequential Damages. NEITHER PARTY (NOR ITS SUPPLIERS OR LICENSORS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE.
Incidental/Consequential Damages. No party shall be liable to the other for any incidental, indirect, special or consequential damages, or for lost profits, savings or revenues of any kind, whether or not there has been notification of possibility of such damages. CUSTOMER undertakes that TOWER shall not be liable to CUSTOMER's customers for any incidental, indirect, special or consequential damages, or for lost profits, savings or revenues of any kind, whether or not there has been notification of possibility of such damages, and CUSTOMER shall indemnify and hold TOWER harmless if such is brought against TOWER. If CUSTOMER's customer has a direct relationship with Tower, as contemplated in Section 2.3, then the provisions included in the agreement between Tower and such CUSTOMER's customer shall exclusively apply.
