Common use of Limitation of Responsibility Clause in Contracts

Limitation of Responsibility. 6.1. In no event shall FORGITAL be liable to the Client, Client’s assignee and/or any other third party for any claim, whether arising under contract, tort (including negligence), strict liability or otherwise, for loss of revenue, loss of profit or loss of use of capital, downtime of facilities, standby of equipment/plant, standby of personnel, loss of business reputation or opportunities, loss of production, loss of product and/or for any special, in direct, incidental or consequential loss or damage of any nature (including any penalty or liquidated damages applied by Client’s customers to Client) arising at any time or from any causes whatsoever and whether or not foreseeable, even if caused or contributed to by the negligence or breach (statutory or otherwise) of FORGITAL in relation to Supply Agreement 6.2. Notwithstanding any other provisions on the contractual documents and except the case of demonstrated wilful misconduct of FORGITAL, maximum cumulative and aggregate responsibility/liability of FORGITAL towards Client and/or any third party for whichever reason shall not exceed the amount paid by the Client for the claimed Goods.