Common use of No Other Liability Clause in Contracts

No Other Liability. EXCEPT FOR BREACHES OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 7.2 OR SECTION 7.3 OR FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 9, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR THE SALE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOSSES CAUSED BY DELAY OR DOWNTIME, OR LOSSES ARISING OUT OF THE USE OR PROCUREMENT OF SUBSTITUTE GOODS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORTIOUS ACT OR OMISSION (INCLUDING THE POSSIBILITY OF GROSS NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EVEN IF ANY OF THE LIMITED REMEDIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE, OR (II) FOR ACTUAL DAMAGES IN EXCESS OF ONE YEAR OF FEES PAID UNDER THIS AGREEMENT (EXCEPT IN THE CASE OF CUSTOMER’S NON-PAYMENT, IN WHICH CASE THE LIMITATION SET FORTH IN THIS CLAUSE (II) SHALL NOT APPLY).

No Other Liability. EXCEPT FOR BREACHES OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 7.2 OR SECTION 7.3 OR FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 9, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR THE SALE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOSSES CAUSED BY DELAY OR DOWNTIME, OR LOSSES ARISING OUT OF THE USE OR PROCUREMENT OF SUBSTITUTE GOODS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORTIOUS ACT OR OMISSION TORT (INCLUDING THE POSSIBILITY OF GROSS NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, . AND EVEN IF ANY OF THE LIMITED REMEDIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR (II) FOR ACTUAL DAMAGES OTHERWISE, THE PARTIES ACKNOWLEDGE THAT AS AN ELECTRONIC MANUFACTURING SERVICES PROVIDER WORKING ON A COST PLUS BASIS SUPPLIER MUST LIMIT ITS LIABILITY IN EXCESS CONNECTION HEREWITH AND THEREFORE, CONTRACTOR’S LIABILITY IS FURTHER LIMITED IN ANY EVENT, UNDER ANY LAW, RULE OR REGULATION, TO ANY AMOUNT IT ACTUALLY RECEIVED IN CONSIDERATION OF ONE YEAR THE MANUFACTURING SUBJECT MATTER OF FEES PAID UNDER THIS AGREEMENT (EXCEPT IN THE CASE OF CUSTOMER’S NON-PAYMENT, IN WHICH CASE THE LIMITATION SET FORTH IN THIS CLAUSE (II) SHALL NOT APPLY)RESPECTIVE CLAIM OR DEMAND BY CUSTOMER OR ANY THIRD PARTY.

No Other Liability. EXCEPT FOR BREACHES OF THE CONFIDENTIALITY OBLIGATIONS IN SECTION 7.2 OR SECTION 7.3 OR FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 9, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR THE SALE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOSSES CAUSED BY DELAY OR DOWNTIME, OR LOSSES ARISING OUT OF THE USE OR PROCUREMENT OF SUBSTITUTE GOODS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORTIOUS ACT OR OMISSION TORT (INCLUDING THE POSSIBILITY OF GROSS NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, . AND EVEN IF ANY OF THE LIMITED REMEDIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR (II) FOR ACTUAL DAMAGES OTHERWISE, THE PARTIES ACKNOWLEDGE THAT AS AN ELECTRONIC MANUFACTURING SERVICES PROVIDER WORKING ON A COST PLUS BASIS SUPPLIER MUST LIMIT ITS LIABILITY IN EXCESS CONNECTION HEREWITH AND THEREFORE, CONTRACTOR 'S LIABILITY IS FURTHER LIMITED IN ANY EVENT, UNDER ANY LAW, RULE OR REGULATION, TO ANY AMOUNT IT ACTUALLY RECEIVED IN CONSIDERATION OF ONE YEAR THE MANUFACTURING SUBJECT MATTER OF FEES PAID UNDER THIS AGREEMENT (EXCEPT IN THE CASE OF CUSTOMER’S NON-PAYMENT, IN WHICH CASE THE LIMITATION SET FORTH IN THIS CLAUSE (II) SHALL NOT APPLY)RESPECTIVE CLAIM OR DEMAND BY CUSTOMER OR ANY THIRD PARTY.

No Other Liability. EXCEPT FOR BREACHES INDEPENDENT OF OR UNDER THE CONFIDENTIALITY OBLIGATIONS IN SECTION 7.2 OR SECTION 7.3 OR FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 9EXPRESS WARRANTIES CREATED UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY ARCIMOTO BE LIABLE TO THE OTHER CUSTOMER FOR (I) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR THE SALE OF PRODUCTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOST BUSINESS OPPORTUNITIES, LOST SAVINGS, LOSSES CAUSED PRODUCTS BY DELAY OR DOWNTIME, OR LOSSES ARISING OUT OF THE USE OR PROCUREMENT OF SUBSTITUTE GOODSCUSTOMER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORTIOUS ACT OR OMISSION TORT (INCLUDING THE POSSIBILITY OF GROSS NEGLIGENCE NEGLIGENCE, INTENTIONAL MISCONDUCT OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY ARCIMOTO HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EVEN IF ANY OF THE LIMITED REMEDIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE, OR (II) IT BEING ACKNOWLEDGED BY CUSTOMER THAT THIS LIMITATION OF LIABILITY IS ESSENTIAL CONSIDERATION TO ARCIMOTO FOR ACTUAL ENTERING INTO AND PERFORMANCE OF THIS AGREEMENT. IF ARCIMOTO SHOULD BE FOUND LIABLE TO CUSTOMER FOR ANY REASON, CUSTOMER AGREES THAT ANY AND ALL RECOVERABLE DAMAGES SHALL IN EXCESS OF ONE YEAR OF FEES PAID UNDER THIS AGREEMENT (EXCEPT IN NO EVENT EXCEED THE CASE OF CUSTOMER’S NON-PAYMENT, IN WHICH CASE AMOUNTS RECEIVED BY ARCIMOTO FROM CUSTOMER FOR THE LIMITATION SET FORTH IN THIS CLAUSE (II) SHALL NOT APPLY)SPECIFIC PRODUCT RELATING TO SUCH LIABILITY.