Common use of Overall Limitation of Liability Clause in Contracts

Overall Limitation of Liability. Notwithstanding anything to the contrary contained in this Agreement, in no event shall Supplier, its parent company, Affiliates and agents be liable, alone or in the aggregate, to Purchaser for any damages, claims, demands, suits, causes of action, losses, costs, expenses and/or liabilities related in any manner to this Agreement, the Warranty Agreement and the OMS Agreement in excess of an amount equal to ***** percent (*****%) of the Purchase Price, regardless of whether such liability arises out of breach of contract, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory; provided, however, the preceding limitation of liability shall not apply to, and no credit shall be issued against such liability for, (a) Supplier’s indemnity obligations set forth in Section 13.1 solely as they relate to claims by third Parties for bodily injury or property damage, or (b) the fraud or willful misconduct of Supplier.