No Consequential or Punitive Damages. In no event shall either Party be liable to any other Party by way of indemnity or by reason of any breach of contract or of statutory duty or by reason of tort (including negligence or strict liability) or otherwise for any loss of profits, loss of revenue, loss of use, loss of production, loss of contracts or for any incidental, indirect, special or consequential or punitive damages of any other kind or nature whatsoever that may be suffered by such other Party, including any losses for which such other Party has insurance to the extent proceeds of insurance have been recovered for such losses.
Appears in 9 contracts
Samples: Distillers Grains Marketing Agreement (Pacific Ethanol, Inc.), Ethanol Marketing Agreement (Pacific Ethanol, Inc.), [__________] Agreement (Pacific Ethanol, Inc.)
