Common use of NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES Clause in Contracts

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THE AGREEMENT, NEITHER PLYCEM NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PLYCEM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEM’S AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE PRICE PAID OR PAYABLE BY DISTRIBUTOR TO PLYCEM UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THE THIS AGREEMENT, NEITHER PLYCEM NOR ITS LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY, IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PLYCEM THE OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEM’S AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE PRICE PAID OR PAYABLE BY DISTRIBUTOR TO PLYCEM UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THE AGREEMENTAS PROVIDED IN SECTION 11.3, NEITHER PLYCEM NOR ITS IN NO EVENT SHALL EITHER PARTY OR THEIR REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE AGREEMENTTHIS CMA, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PLYCEM THE OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEMNOTE: PORTIONS OF THIS EXHIBIT INDICATED BY [****] ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE PRICE PAID OR PAYABLE BY DISTRIBUTOR TO PLYCEM UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITYCONFIDENTIAL TREATMENT REQUEST.

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THE AGREEMENTIN NO EVENT IS EV TECH, NEITHER PLYCEM NOR INC. OR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE THIS AGREEMENT, REGARDLESS OF OF: (A) WHETHER SUCH THE DAMAGES WERE FORESEEABLE, ; (B) WHETHER OR NOT PLYCEM THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, TORT OR OTHERWISE) UPON ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEM’S IN NO EVENT WILL EV TECH, INC.'S AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY DIRECT DAMAGES SHALL NOT ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PRICE TOTAL OF THE AMOUNTS PAID OR PAYABLE BY DISTRIBUTOR TO PLYCEM EV Tech, Inc. UNDER THE THIS AGREEMENT IN THE SIX (6) MONTH ONE YEAR PERIOD IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO SUCH LIABILITYTHE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF THE NON-BREACHING PARTY'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THE AGREEMENTLIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, LIABILITY FOR BREACH OF NON-SOLICITATION OBLIGATIONS, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, NEITHER PLYCEM PARTY NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PLYCEM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) HAS BEEN DISCLOSED IN ADVANCE TO A PARTY OR COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEM’S AGGREGATE EXCEPT FOR LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, LIABILITY FOR BREACH OF NON-SOLICITATION OBLIGATIONS, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, UNDER THE AGREEMENT NO CIRCUMSTANCES WHATSOEVER WILL EITHER PARTY BE LIABLE FOR ANY DIRECT DAMAGES SHALL NOT AMOUNTS THAT WILL EXCEED IN THE PRICE AGGREGATE THE AMOUNTS PAID OR PAYABLE BY DISTRIBUTOR FOR GOODS SHIPPED OR SERVICES PERFORMED TO PLYCEM UNDER SELLER THE AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY12 MONTHS.

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THE AGREEMENTLIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, NEITHER PLYCEM PARTY NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THE THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PLYCEM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) HAS BEEN DISCLOSED IN ADVANCE BY MASTER DISTRIBUTOR OR COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEM’S AGGREGATE EXCEPT FOR LIABILITY FOR INDEMNIFICATION, LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, NEITHER UNDER THE AGREEMENT NO CIRCUMSTANCES WHATSOEVER WILL EITHER PARTY BE LIABLE FOR ANY DIRECT DAMAGES SHALL NOT MATTER OR MATTERS THAT WILL EXCEED IN THE PRICE AGGREGATE THE AMOUNTS PAID OR PAYABLE BY DISTRIBUTOR FOR GOODS SHIPPED OR SERVICES PERFORMED TO PLYCEM UNDER SELLER THE AGREEMENT IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY12 MONTHS.

NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES. [EXCEPT FOR [OBLIGATIONS TO MAKE PAYMENT UNDER THE THIS AGREEMENT,] [LIABILITY FOR INDEMNIFICATION,] LIABILITY FOR BREACH OF CONFIDENTIALITY, NEITHER PLYCEM NOR OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, ] IN NO EVENT IS [FORWARDER/SHIPPER/EITHER PARTY] OR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE PUNITIVE, OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF OR RELATING TO ANY BREACH OF THE THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH THE DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PLYCEM [FORWARDER/SHIPPER/IT] WAS ADVISED OF THE POSSIBILITY OF SUCH THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORTTORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) UPON ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. PLYCEM’S AGGREGATE [Maximum Liability for Damages. [EXCEPT FOR [OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT,] [LIABILITY FOR FREIGHT CLAIMS UNDER 79.1,] [LIABILITY FOR INDEMNIFICATION,] LIABILITY FOR BREACH OF CONFIDENTIALITY, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS,] IN NO EVENT SHALL [FORWARDER'S/EITHER PARTY'S] [AGGREGATE] LIABILITY [FOR EACH CLAIM] ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED [[NUMBER] TIMES] THE TOTAL AMOUNT PAID [OR PAYABLE] TO FORWARDER UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE PRICE PAID OR PAYABLE BY DISTRIBUTOR TO PLYCEM UNDER THE AGREEMENT [IN THE SIX (6) MONTH [NUMBER] [YEAR/MONTH] PERIOD IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO SUCH LIABILITYTHE CLAIM [OR $[AMOUNT], WHICHEVER IS LESS]. THE FOREGOING LIMITATIONS APPLY EVEN IF THE [FORWARDER'S/NON-BREACHING PARTY'S] REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.]