Common use of Waiver of Consequential Damages Clause in Contracts

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP BE LIABLE TO ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO NONE OF THE CONTRARY, UNDER NO CIRCUMSTANCES WILL BUYERS’ RESPECTIVE INDEMNITEES NOR SELLER’S INDEMNITEES NOR MANUFACTURERS OF COMPONENTS OF THE GOODS SHALL IN ANY MEMBER OF COMPANY GROUP EVENT BE LIABLE TO ANY MEMBER OF GRANTEE GROUP THE OTHER FOR ANY CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES ARISING OUT OF THIS AGREEMENT OR CALCULATED BY ANY BREACH HEREOF, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE LOSS GOODS SOLD OR SERVICES SUPPLIED HEREUNDER, WHETHER BASED UPON LOST GOODWILL, LOST REVENUE OR ANTICIPATED PROFITS (EXCEPT THOSE INCLUDED IN THE PRICE OF PROFITSTHE GOODS), INTEREST, LOSS OF BUSINESS OPPORTUNITYUSE, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OF THE GOODS, LOSS OF PROSPECTIVE REVENUEUSE OF POWER SYSTEM, COST OF PURCHASE OF REPLACEMENT POWER, OR DOWNTIME CLAIMS OF FACILITIES ANY BUYER OR VESSELS ARISING OUT CUSTOMERS OF ANY BUYER FOR SERVICE INTERRUPTION, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, SOLE OR CONCURRENT NEGLIGENCE, INDEMNITY (OTHER THAN AS PROVIDED IN ARTICLE VIII OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, PRODUCTS LIABILITY OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTEDANY SUCH PARTY SUFFERS SUCH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION WITH DEFENDING SUCH DAMAGES) PAID OR PAYABLE TO A THIRD PARTY, WHICH DAMAGES SHALL NOT BE EXCLUDED BY THIS PROVISION AS TO RECOVERY HEREUNDER.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, AND EACH PARTY WAIVES ANY MEMBER OF GRANTEE GROUP FOR ANY CLAIM TO, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, LOSS OF USE, COST OF CAPITAL, DOWN TIME COSTS, LOSS OF OPPORTUNITY, LOSS OF TAX CREDITS, AND LOSS OF GOODWILL; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT BE CONSTRUED AS LIMITING AN OBLIGATION OF A PARTY TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER PARTY AGAINST CLAIMS ASSERTED BY THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CLAIMS FOR SPECIAL, INDIRECT, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR PUNITIVE EXEMPLARY DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT . FOR PURPOSES OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTERM “THIRD PARTY” EXCLUDES A PARTY’S AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, XXXXXXX, SUCCESSORS AND ASSIGNS. NO LAWIf a Party terminates this Agreement due to the other Party’s Event of Default, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE all sums due hereunder shall be paid no later than thirty (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED30) Days following the date of termination.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO (a) THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER MEMBERS OF COMPANY THE CONOCOPHILLIPS GROUP SHALL NOT BE LIABLE TO ANY MEMBER THE MEMBERS OF GRANTEE THE XXXXXXXX 66 GROUP UNDER THIS AGREEMENT FOR ANY CONSEQUENTIALEXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTALCONSEQUENTIAL, EXEMPLARYREMOTE OR SPECULATIVE DAMAGES (INCLUDING IN RESPECT OF LOST PROFITS OR REVENUES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR PUNITIVE DAMAGESGROSS NEGLIGENCE, OR STRICT LIABILITY AND STATUTORY) ARISING IN ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING WAY OUT OF THIS AGREEMENTAGREEMENT AND/OR PERFORMANCE HEREUNDER, EVEN IF WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW; PROVIDED, THEORYHOWEVER, THAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S INDEMNIFICATION OBLIGATIONS FOR LIABILITIES TO THIRD PARTIES AS SET FORTH IN THIS AGREEMENT, THE SEPARATION AND DISTRIBUTION AGREEMENT OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE ANY OTHER ANCILLARY AGREEMENT. (b) THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT MEMBERS OF THE PARTIES THAT SUCH WAIVER IS XXXXXXXX 66 GROUP SHALL NOT BE LIABLE TO BE GIVEN ITS FULLEST EFFECTTHE MEMBERS OF THE CONOCOPHILLIPS GROUP UNDER THIS AGREEMENT FOR ANY EXEMPLARY, NOTWITHSTANDING THE NEGLIGENCE PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR SPECULATIVE DAMAGES (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, INCLUDING IN RESPECT OF LOST PROFITS OR PASSIVEREVENUES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE, WILLFUL MISCONDUCTSTRICT LIABILITY AND STATUTORY) ARISING IN ANY WAY OUT OF THIS AGREEMENT AND/OR PERFORMANCE HEREUNDER, STRICT LIABILITYWHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED, STATUTORY LIABILITYHOWEVER, CONTRACTUAL LIABILITYTHAT THE FOREGOING LIMITATIONS SHALL NOT LIMIT EACH PARTY’S INDEMNIFICATION OBLIGATIONS FOR LIABILITIES TO THIRD PARTIES AS SET FORTH IN THIS AGREEMENT, THE SEPARATION AND DISTRIBUTION AGREEMENT OR ANY OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDANCILLARY AGREEMENT.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN CONTAINED IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP STORAGE PROVIDER SHALL NOT BE LIABLE TO OWNER FOR, AND OWNER HEREBY RELEASES STORAGE PROVIDER FROM, ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECTPUNITIVE, INCIDENTALEXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES INCLUDING, EXEMPLARYWITHOUT LIMITATION, DAMAGES OR PUNITIVE DAMAGESLOSSES FOR LOST PRODUCTION, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF LOST REVENUE, LOST PRODUCT, LOST PROFITS, LOSS LOST BUSINESS OR BUSINESS INTERRUPTIONS, WITHOUT REGARD TO THE CAUSE(S) THEREOF INCLUDING, WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, BREACH OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, REPRESENTATION OR DOWNTIME OF FACILITIES WARRANTY (EXPRESS OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEIMPLIED), GROSS NEGLIGENCE, WILLFUL MISCONDUCTULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY LIABILITYDUTY, CONTRACTUAL LIABILITYBREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR OTHER LEGAL FAULT THE NEGLIGENCE OF ANY PARTY PERSON OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT AND/OR DEFECT (WHETHER PATENTCONCURRENT, LATENTACTIVE OR PASSIVE, OR OTHERWISE)ANY OTHER THEORY OF LEGAL LIABILITY. THE PARTIES FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY SHALL ALSO EXTEND TO EACH PARTY’S PARENT, SUBSIDIARY, AFFILIATED AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDRELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN CONTAINED IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, AND EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM, ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECTPUNITIVE, INCIDENTAL, EXEMPLARY, EXEMPLARY OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES OR LOSSES RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, OR ANY EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF LOSSES FOR LOST PRODUCTION, LOST REVENUE, LOST PRODUCT, LOST PROFITS, LOSS LOST BUSINESS OR BUSINESS INTERRUPTIONS, REGARDLESS OF BUSINESS OPPORTUNITYWHETHER CAUSED OR CONTRIBUTED TO BY PRE-EXISTING CONDITIONS, LOSS WHETHER SUCH CONDITIONS BE PATENT OR LATENT, BREACH OF PROSPECTIVE REVENUE, REPRESENTATION OR DOWNTIME OF FACILITIES WARRANTY (EXPRESS OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEIMPLIED), GROSS NEGLIGENCE, WILLFUL MISCONDUCTULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY LIABILITYDUTY, CONTRACTUAL LIABILITYBREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR OTHER LEGAL FAULT THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING, BUT NOT LIMITED TO, THE INDEMNIFIED PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION PARTIES AND ITS OR DEFECT (THEIR GROUPS, WHETHER PATENTSUCH NEGLIGENCE BE SOLE, LATENTJOINT AND/OR CONCURRENT, ACTIVE OR PASSIVE, OR OTHERWISE)ANY OTHER THEORY OF LEGAL LIABILITY WITHOUT LIMITATION, AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTEDANY SUCH RELEASING PARTY ACTUALLY SUFFERS SUCH DAMAGES OR LOSSES TO A THIRD PARTY AND SUCH DAMAGES OR LOSSES ARE OTHERWISE INDEMNIFIABLE UNDER SECTION 14 OF THIS AGREEMENT. THE PARTIES FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY SHALL ALSO EXTEND TO EACH PARTY’S PARENT, SUBSIDIARY, AFFILIATED AND RELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN ANY PROVISION IN THIS CONTRACT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY SHALL BE LIABLE UNDER THIS CONTRACT TO ANY MEMBER OF GRANTEE GROUP THE OTHER PARTY FOR ANY CONSEQUENTIALCONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE INCLUDING LOSS OF PROFITSPROFIT, LOSS OF BUSINESS OPPORTUNITYOPERATION TIME, REPLACEMENT POWER COSTS, LOSS OF PROSPECTIVE REVENUEGOODWILL OR ANY OTHER SPECIAL, PUNITIVE OR DOWNTIME INCIDENTAL DAMAGES RESULTING FROM ANY VIOLATION OF FACILITIES OR VESSELS ARISING OUT DEFAULT UNDER THIS CONTRACT OR IN ANY MANNER FROM THE TRANSACTIONS CONTEMPLATED HEREBY EXCEPT TO THE EXTENT ANY SUCH LOSS OR DAMAGE IS INCLUDED IN A THIRD PARTY CLAIM FOR WHICH INDEMNIFICATION IS OWED UNDER THIS CONTRACT AND EXCEPT TO THE EXTENT OF AMOUNTS INCLUDED WITHIN LIQUIDATED DAMAGES HEREUNDER. THE PROVISIONS OF THIS AGREEMENT, EVEN IF ADVISED OF SECTION 14.1 SHALL SURVIVE THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, TERMINATION OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS EXPIRATION OF THIS WAIVERCONTRACT, IT BEING THE EXPRESS INTENTSHALL APPLY TO ALL CLAIMS, UNDERSTANDINGWHETHER IN CONTRACT, AND AGREEMENT EQUITY, TORT OR OTHERWISE, REGARDLESS OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECTFAULT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, IN WHOLE OR PASSIVEIN PART), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITYBREACH OF CONTRACT OR BREACH OF WARRANTY AND SHALL EXTEND TO THE MANAGERS, CONTRACTUAL LIABILITYTRUSTEES, OR OTHER LEGAL FAULT DIRECTORS, OFFICERS, MEMBERS, PARTNERS AND EMPLOYEES, AGENTS AND AFFILIATES OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE)EACH PARTY, AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH THE MANAGERS, DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS OF SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDAFFILIATES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, AND EACH PARTY WAIVES ANY MEMBER OF GRANTEE GROUP FOR ANY CLAIM TO, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, LOSS OF USE, COST OF CAPITAL, DOWN TIME COSTS, LOSS OF OPPORTUNITY, LOSS OF TAX CREDITS, AND LOSS OF GOODWILL; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT BE CONSTRUED AS LIMITING AN OBLIGATION OF A PARTY TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER PARTY AGAINST CLAIMS ASSERTED BY THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CLAIMS FOR SPECIAL, INDIRECT, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR PUNITIVE EXEMPLARY DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT . FOR PURPOSES OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGESTERM “THIRD PARTY” EXCLUDES A PARTY’S AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, XXXXXXX, SUCCESSORS AND ASSIGNS. NO LAWIf a Party terminates this Agreement due to the other Party’s Event of Default, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE all sums due hereunder shall be paid no later than thirty (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED30) days following the date of termination.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN A PARTY’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP DIRECT ACTUAL DAMAGES ONLY. NEITHER PARTY SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP OTHER PARTY OR ITS AFFILIATES FOR ANY CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, OR PUNITIVE INDIRECT DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENTBUSINESS INTERRUPTION DAMAGES, LATENTBY STATUTE, IN TORT, OR OTHERWISECONTRACT, UNDER ANY INDEMNITY PROVISION IN THIS AGREEMENT OR OTHERWISE (COLLECTIVELY, “SPECIAL DAMAGES”), ALL OF THE SAME SPECIAL DAMAGES BEING HEREBY EXPRESSLY WAIVED AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED NEGATED, EXCEPT TO THE EXTENT SO PERMITTEDTHE INDEMNIFIED PARTY IS OBLIGATED TO PAY ANY SUCH SPECIAL DAMAGES PURSUANT TO A CLAIM BY A THIRD PARTY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT, AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARYMAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER UNITRENDS NOR ITS SUPPLIERS SHALL BE LIABLE TO CUSTOMER OR ANY MEMBER OF GRANTEE GROUP THIRD PARTY FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, COVER OR PUNITIVE DAMAGESCONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO ACCESS OR ANY DAMAGES ARISING OUT USE CUSTOMER CONTENT, LOSS OF OR CALCULATED BY THE BUSINESS, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITYUSE, LOSS OF PROSPECTIVE REVENUEGOODWILL, LOSS OF PRIVACY, LOSS OR CORRUPTION OF DATA OR CONTENT, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR DOWNTIME OF FACILITIES INABILITY TO USE, THE SERVICES, THE UNITRENDS CLOUD OR VESSELS DRAAS OR OTHERWISE ARISING OUT OF THIS AGREEMENT, AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT FORESEEABLE AND EVEN IF UNITRENDS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDESSENTIAL PURPOSE.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO Notwithstanding anything to the contrary in this Agreement: (a) THE CONTRARYOWNER XXXXXX XXXXXX AND RELEASES ALL RIGHTS OF RECOVERY AGAINST THE DEVELOPER AND THE DEVELOPER’S AND THE DEVELOPER’S AFFILIATES’ MEMBERS, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP BE LIABLE TO ANY MEMBER OF GRANTEE GROUP MANAGERS, MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME OR ANY DAMAGES PROFITS AND DAMAGE TO GOODWILL OR GOING CONCERN VALUE, ARISING OUT OF LOSS OR CALCULATED DAMAGE TO PROPERTY OR BUSINESS OF THE OWNER RELATING TO THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF THE DEVELOPER, OR ITS AGENTS OR EMPLOYEES. (b) THE DEVELOPER XXXXXX XXXXXX AND RELEASES ALL RIGHTS OF RECOVERY AGAINST THE OWNER AND THE OWNER’S AFFILIATES’ MEMBERS, MANAGERS, MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITSINCOME OR PROFITS AND DAMAGE TO GOODWILL OR GOING CONCERN VALUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF LOSS OR DAMAGE TO PROPERTY OR BUSINESS OF THE DEVELOPER RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTEDTHAT SUCH LOSS OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF THE OWNER, OR ITS AGENTS OR EMPLOYEES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO NEITHER BUYER GROUP NOR SELLER GROUP NOR MANUFACTURERS OF COMPONENTS OF THE CONTRARY, UNDER NO CIRCUMSTANCES WILL GOODS SHALL IN ANY MEMBER OF COMPANY GROUP EVENT BE LIABLE TO ANY MEMBER OF GRANTEE GROUP THE OTHER FOR ANY CONSEQUENTIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES ARISING OUT OF THIS AGREEMENT OR CALCULATED BY ANY BREACH HEREOF, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE LOSS GOODS SOLD OR SERVICES SUPPLED HEREUNDER, WHETHER BASED UPON LOST GOODWILL, LOST REVENUE OR ANTICIPATED PROFITS (EXCEPT THOSE INCLUDED IN THE PRICE OF PROFITSTHE GOODS), INTEREST, LOSS OF BUSINESS OPPORTUNITYUSE, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OF THE GOODS, LOSS OF PROSPECTIVE REVENUEUSE OF POWER SYSTEM, COST OF PURCHASE OF REPLACEMENT POWER, OR DOWNTIME CLAIMS OF FACILITIES BUYER OR VESSELS ARISING OUT CUSTOMERS OF THIS AGREEMENTBUYER FOR SERVICE INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF WHETHER OR NOT SUCH DAMAGES. NO LAWLOSS OR DAMAGE IS BASED ON CONTRACT, THEORYWARRANTY, SOLE OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS CONCURRENT NEGLIGENCE, WILLFUL MISCONDUCTINDEMNITY, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, PRODUCTS LIABILITY OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN CONTAINED IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, AND EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM, ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECTPUNITIVE, INCIDENTALEXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES INCLUDING, EXEMPLARYWITHOUT LIMITATION, DAMAGES OR PUNITIVE DAMAGESLOSSES FOR LOST PRODUCTION, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF LOST REVENUE, LOST PRODUCT, LOST PROFITS, LOSS LOST BUSINESS OR BUSINESS INTERRUPTIONS, WITHOUT REGARD TO THE CAUSE(S) THEREOF INCLUDING, WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, BREACH OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, REPRESENTATION OR DOWNTIME OF FACILITIES WARRANTY (EXPRESS OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEIMPLIED), GROSS NEGLIGENCE, WILLFUL MISCONDUCTULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY LIABILITYDUTY, CONTRACTUAL LIABILITYBREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR OTHER LEGAL FAULT THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING, WITHOUT LIMITATION, THE INDEMNIFIED PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION PARTIES AND ITS OR DEFECT (THEIR GROUPS, WHETHER PATENTSUCH NEGLIGENCE BE SOLE, LATENTJOINT AND/OR CONCURRENT, ACTIVE OR PASSIVE, OR OTHERWISE)ANY OTHER THEORY OF LEGAL LIABILITY. THE PARTIES FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY SHALL ALSO EXTEND TO EACH PARTY’S PARENT, SUBSIDIARY, AFFILIATED AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDRELATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S PARTY’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT, ACTUAL DAMAGES SHALL BE THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARYPUNITIVE, EXEMPLARY OR PUNITIVE INDIRECT DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF LOST PROFITS, LOST REVENUE, DOWNTIME COSTS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUEDATA, OR DOWNTIME LOSS OF GOODWILL, COST OF CAPITAL, FACILITIES OR VESSELS ARISING OUT SERVICES, COST OF THIS AGREEMENTPURCHASED OR REPLACEMENT POWER, EVEN IF ADVISED LOSS OF PRODUCTION, LOSS OF CONTRACTS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT INTENT OF THE PARTIES THAT SUCH WAIVER IS THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO BE GIVEN ITS FULLEST EFFECTTHE CAUSE OR CAUSES RELATED THERETO, NOTWITHSTANDING INCLUDING THE NEGLIGENCE (OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT, JOINT OR CONCURRENT, ACTIVE, OR ACTIVE OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARYCONTRARY HEREIN, UNDER EXCEPT (X) AS PROVIDED BELOW IN THIS SECTION 6.3 OR (Y) IN THE EVENT OWNER’S DAMAGES RESULTED FROM CONSTRUCTION MANAGER’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, CONSTRUCTION MANAGER PARTIES SHALL HAVE NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP BE LIABLE LIABILITY TO ANY MEMBER OF GRANTEE GROUP OWNER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR INDIRECT LOSSES OR DAMAGES OR ANY EXEMPLARY OR PUNITIVE DAMAGES, OR INCLUDING ANY CONSEQUENTIAL DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITSFOR DELAY, DOWNTIME, LOSS OF BUSINESS OPPORTUNITYCAPITAL, LOSS OF PROSPECTIVE REVENUEPRODUCT, LOSS OF PROFIT, LOSS OF USE, OR DOWNTIME NONCOMPLIANCE WITH APPLICABLE LAWS, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR STRICT LIABILITY AND EVEN IF CAUSED BY THE SOLE, JOINT, AND CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF FACILITIES A CONSTRUCTION MANAGER PARTY. EXCEPT AS PROVIDED BELOW IN THIS SECTION 6.3 OR VESSELS ARISING OUT (Y) OR IN THE EVENT OWNER’S DAMAGES RESULTED FROM CONSTRUCTION MANAGER PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OWNER EXPRESSLY RELEASES CONSTRUCTION MANAGER PARTIES FROM ALL SUCH CLAIMS FOR DAMAGES OTHER THAN ACTUAL DAMAGES. EACH PARTY EXPRESSLY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR DAMAGES OTHER THAN ACTUAL DAMAGES. IF OWNER BECOMES OBLIGATED TO PAY A PERSON THAT IS NOT A PARTY OR AN AFFILIATE OF ANY PARTY TO THIS AGREEMENT ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY EXEMPLARY OR PUNITIVE DAMAGES, AND SUCH PARTY OR OWNER IS ENTITLED TO INDEMNIFICATION FROM CONSTRUCTION MANAGER UNDER THE TERMS OF THIS AGREEMENT, EVEN IF ADVISED THEN THE WAIVER AND LIMITATION CONTAINED ABOVE IN THIS SECTION 6.3 SHALL NOT APPLY AND SUCH OWNER’S INDEMNIFICATION RIGHT SHALL INCLUDE ALL INDIRECT, SPECIAL, CONSEQUENTIAL AND INCIDENTAL DAMAGES, AND ALL EXEMPLARY AND PUNITIVE DAMAGES IT IS OBLIGATED TO PAY; PROVIDED, THAT (I) CONSTRUCTION MANAGER’S LIABILITY UNDER THIS SECTION 6.3 SHALL BE SUBJECT TO SECTION 6.4; AND (II) NOTHING IN THIS SECTION 6.3 SHALL APPLY TO OR LIMIT CONSTRUCTION MANAGER’S RESPONSIBILITY TO PROVIDE THE SERVICES AND COMPLETE, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, THE CONSTRUCTION OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDINGRENEWABLE DIESEL FACILITY, AND AGREEMENT OF TO PAY THE PARTIES THAT SUCH WAIVER IS EXCESS PROJECT COSTS, PURSUANT TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVESECTION 4.4.(d), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP ADMINISTRATOR RELATED PARTIES SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP COMPANY RELATED PARTIES, NOR SHALL ANY COMPANY RELATED PARTIES BE LIABLE TO ANY ADMINISTRATOR RELATED PARTIES, FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGESSPECIAL DAMAGES THAT ARISE OUT OF, RELATE TO, OR ARE OTHERWISE ATTRIBUTABLE TO THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUEADDITIONAL SERVICES, OR DOWNTIME OF FACILITIES OTHER DUTIES HEREUNDER. THIS ARTICLE 12 SPECIFICALLY PROTECTS THE ADMINISTRATOR RELATED PARTIES, AND THE COMPANY RELATED PARTIES, AGAINST SUCH PUNITIVE, CONSEQUENTIAL OR VESSELS ARISING OUT OF THIS AGREEMENT, EXEMPLARY DAMAGES EVEN IF ADVISED OF WITH RESPECT TO THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE)NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, LIABILITY OR OTHER LEGAL FAULT OR RESPONSIBILITY OF ANY PARTY THE ADMINISTRATOR RELATED PARTIES AND THE COMPANY RELATED PARTIES, AS THE CASE MAY BE; AND ALL RIGHTS TO RECOVER SUCH PUNITIVE, CONSEQUENTIAL OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENTEXEMPLARY DAMAGES ARE HEREBY WAIVED AND RELEASED, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTEDSUCH DAMAGES ARE OWED TO THIRD PARTIES IN RELATION TO A LOSS FOR WHICH ONE PARTY OWES INDEMNITY OBLIGATIONS TO THE OTHER PARTY UNDER THIS AGREEMENT.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN IN THIS AGREEMENT OR ANY CCD TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY NOR SUCH PARTIES’ AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY OR SUCH OTHER PARTY’S AFFILIATES FOR, AND EACH PARTY (ON BEHALF OF ITSELF AND ITS AFFILIATES) HEREBY RELEASES THE OTHER PARTY AND SUCH OTHER PARTIES’ AFFILIATES FROM, ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECTPUNITIVE, INCIDENTALEXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES RELATED TO OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING, EXEMPLARYBUT NOT LIMITED TO, THE OTHER PARTIES’ PERFORMANCE OR PUNITIVE DAMAGESNONPERFORMANCE HEREUNDER, EXCLUDING ACMP’S OBLIGATION TO PAY MONEY FOR SERVICES UNDER THIS AGREEMENT), THE SERVICES OR ANY EQUIPMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF LOSSES FOR LOST PRODUCTION, LOST REVENUE, LOST PRODUCT, LOST PROFITS, LOSS LOST BUSINESS OR BUSINESS INTERRUPTIONS, REGARDLESS OF BUSINESS OPPORTUNITYWHETHER CAUSED OR CONTRIBUTED TO BY PRE-EXISTING CONDITIONS, LOSS WHETHER SUCH CONDITIONS BE PATENT OR LATENT, BREACH OF PROSPECTIVE REVENUE, REPRESENTATION OR DOWNTIME OF FACILITIES WARRANTY (EXPRESS OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEIMPLIED), GROSS NEGLIGENCE, WILLFUL MISCONDUCTULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, STATUTORY LIABILITYTORT, CONTRACTUAL LIABILITYBREACH OF CONTRACT, VIOLATION OF LAW, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR OTHER LEGAL FAULT THE NEGLIGENCE OF ANY PARTY PERSON OR PARTY, INCLUDING, WITHOUT LIMITATION, THE EXISTENCE OF ANY PRE- EXISTING CONDITION INDEMNIFIED PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT AND/OR DEFECT (WHETHER PATENTCONCURRENT, LATENTACTIVE OR PASSIVE, OR OTHERWISE)ANY OTHER THEORY OF LEGAL COMPRESSION SERVICES AGREEMENT (ACMP-1) 41 EXECUTION VERSION LIABILITY WITHOUT LIMITATION, AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTED.ANY SUCH RELEASING PARTY ACTUALLY SUFFERS SUCH DAMAGES OR LOSSES TO A THIRD PARTY AND SUCH DAMAGES OR LOSSES ARE OTHERWISE INDEMNIFIABLE UNDER THIS AGREEMENT. COMPRESSION SERVICES AGREEMENT (ACMP-1) 42 EXECUTION VERSION

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARYCONTRARY HEREIN, EXCEPT (X) AS PROVIDED BELOW IN THIS SECTION 13.2.4 OR (Y) IN THE EVENT OF OPERATOR’S BREACH OF ITS OBLIGATION UNDER NO CIRCUMSTANCES WILL SECTION 5.3.3 OR (Z) A PARTY’S DAMAGES RESULTED FROM THE OTHER PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A PARTY’S DAMAGES RESULTING FROM (I) A BREACH OR VIOLATION OF ANY MEMBER COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR (II) ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES AND NONE OF COMPANY GROUP OPERATOR INDEMNITEES OR OWNER INDEMNITEES SHALL BE LIABLE ENTITLED TO RECOVER FROM OPERATOR OR OWNER OR THEIR RESPECTIVE AFFILIATES (AS APPLICABLE) ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIALINDIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY EXEMPLARY OR PUNITIVE DAMAGES, OR INCLUDING ANY CONSEQUENTIAL DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITSFOR DELAY, DOWNTIME, LOSS OF BUSINESS OPPORTUNITYCAPITAL, LOSS OF PROSPECTIVE REVENUEPRODUCT, LOSS OF PROFIT, LOSS OF USE, OR DOWNTIME NONCOMPLIANCE WITH APPLICABLE LAWS, EVEN IF CAUSED BY THE SOLE, JOINT, AND CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF FACILITIES A PARTY. EXCEPT AS PROVIDED BELOW IN THIS SECTION 13.2.4 OR VESSELS ARISING OUT (Y) IN THE EVENT OF OPERATOR’S BREACH OF ITS OBLIGATION UNDER SECTION 5.3.3 OR (Z) IN THE EVENT OF FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY EXPRESSLY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR DAMAGES OTHER THAN ACTUAL DAMAGES. IF A PARTY BECOMES OBLIGATED TO PAY A PERSON THAT IS NOT A PARTY OR AN AFFILIATE OF ANY PARTY ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY EXEMPLARY OR PUNITIVE DAMAGES, AND SUCH PARTY IS ENTITLED TO INDEMNIFICATION FROM THE OTHER PARTY UNDER THE TERMS OF THIS AGREEMENT, EVEN IF ADVISED OF THEN THE POSSIBILITY OF WAIVER AND LIMITATION CONTAINED ABOVE IN THIS SECTION 13.2.4 SHALL NOT APPLY AND SUCH PARTY’S INDEMNIFICATION RIGHT SHALL INCLUDE ALL INDIRECT, SPECIAL, CONSEQUENTIAL AND INCIDENTAL DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES ALL EXEMPLARY AND PUNITIVE DAMAGES IT IS OBLIGATED TO PAY; PROVIDED, THAT SUCH WAIVER IS OPERATOR’S LIABILITY UNDER THIS SECTION 13.2.4 SHALL BE SUBJECT TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDSECTION 13.2.5.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, EXCEPT AS PROVIDED WITH RESPECT TO: (A) ANY TAXES WHICH MAY BE INDEMNIFIED UNDER ARTICLE 9, INDEMNIFICATION; OR (B) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED WITH RESPECT TO THIRD PARTY CLAIMS THAT ARE PART OF A LOSS WHICH MAY BE INDEMNIFIED UNDER SECTION 11, IN NO CIRCUMSTANCES WILL EVENT SHALL ANY MEMBER OF COMPANY GROUP PARTY OR ITS AFFILIATES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO HEREUNDER AT ANY MEMBER OF GRANTEE GROUP TIME FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, INDIRECT LOSS OR DAMAGE OF ANY OTHER PARTY OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE SUCH PARTY’S AFFILIATES, INCLUDING LOSS OF PROFITSPROFIT, LOSS OF BUSINESS OPPORTUNITYREVENUE, LOSS OF PROSPECTIVE REVENUEDEDUCTIONS AND CREDITS (INCLUDING THE INVESTMENT TAX CREDIT ALLOWABLE PURSUANT TO SECTIONS 38(B)(1), OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED 46 AND 48(A) OF THE POSSIBILITY OF SUCH CODE) OR ANY OTHER SPECIAL OR INCIDENTAL DAMAGES. NO LAW, THEORYWHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDINGOTHERWISE, AND AGREEMENT OF EACH PARTY HEREBY EXPRESSLY RELEASES THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECTOTHER PARTIES, NOTWITHSTANDING THE NEGLIGENCE THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES THEREFROM. Waiver of Trial By Jury. Anti-Corruption Laws. Without limitation to any other provision contained in this Agreement or in any related agreement, each Party represents, warrants and covenants to the other Party on the date hereof, and as of the Closing Date, that: Such Party is familiar with all Laws of the United States of America that are applicable to the Parties’ relationship including, without limitation, the Foreign Corrupt Practices Act, as amended (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEthe “FCPA”), GROSS NEGLIGENCEthe OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, WILLFUL MISCONDUCTthe regulations of the US Department of Treasury, STRICT LIABILITYOffice of Foreign Assets Control and similar laws (collectively, STATUTORY LIABILITYthe “Anti-Corruption Laws”). Specifically, CONTRACTUAL LIABILITYeach Party acknowledges that it shall be unlawful for any Party, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT and/or any officer, director, employee or agent of a Party, to make any kind of offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to either: any foreign official (WHETHER PATENTor foreign political party) for purposes of either influencing any act or decision of such foreign official in his official capacity, LATENTor inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, OR OTHERWISEor securing any improper advantage, or inducing such foreign official to use his influence with a foreign government, or instrumentality thereof, to affect or influence any act or decision of such government or instrumentality in order to assist such Person in obtaining or retaining business for or with, or directing business to any Person; or any Person, while knowing that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official (or foreign political party), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDor to any candidate for foreign political office, for any of the prohibited purposes described in this Section 10.16.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER PARTY SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALCONSEQUENTIAL, EXEMPLARY, PUNITIVE OR PUNITIVE DAMAGES, EXEMPLARY DAMAGES SUFFERED BY SUCH PARTY RESULTING FROM OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENTAGREEMENT OR THE BREACH THEREOF OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED WHETHER TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, WARRANTY, INDEMNITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INCREASED COST OF OPERATIONS, LOSS OF PROFIT OR REVENUE, OR BUSINESS INTERRUPTIONS. IN FURTHERANCE OF THE POSSIBILITY FOREGOING, EACH PARTY RELEASES THE OTHER PARTY AND WAIVES ANY RIGHT OF RECOVERY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE PARTY REGARDLESS OF WHETHER ANY SUCH DAMAGES ARE CAUSED BY THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE OTHER PARTY’S NEGLIGENCE (AND REGARDLESS OF WHETHER SUCH NEGLIGENCE IS SOLE, JOINT, CONCURRENT, ACTIVE, PASSIVE OR PASSIVEGROSS NEGLIGENCE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITYFAULT, OR LIABILITY WITHOUT FAULT; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT BE CONSTRUED AS LIMITING AN OBLIGATION OF A PARTY HEREUNDER TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER LEGAL FAULT OF ANY PARTY AGAINST CLAIMS ASSERTED BY UNAFFILIATED THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CLAIMS FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDEXEMPLARY DAMAGES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER BUYER, SELLER NOR THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE HEREUNDER TO ANY MEMBER OF GRANTEE GROUP INDEMNIFIED PARTY FOR ANY (a) PUNITIVE OR EXEMPLARY DAMAGES OR (b) LOST PROFITS, DIMINUTION IN VALUE OR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE INDIRECT DAMAGES, IN EACH CASE IN CONNECTION WITH THIS AGREEMENT OR ANY DAMAGES ARISING OUT THE TRANSACTIONS CONTEMPLATED HEREBY AND ALL OF OR CALCULATED BY THE LOSS OF PROFITSWHICH ARE HEREBY WAIVED, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED EXCEPT IN EACH CASE OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, FOREGOING CLAUSES (a) AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEb), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDANY SUCH LOST PROFITS, DIMINUTION IN VALUE OR DAMAGES ARE INCLUDED IN ANY ACTION BY A THIRD PARTY AGAINST SUCH INDEMNIFIED PARTY AND SUCH LOST PROFITS, DIMINUTION IN VALUE OR DAMAGES ARE OTHERWISE INDEMNIFIABLE OR RECOVERABLE LOSSES UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 10.8 SHALL BE CONSTRUED AS LIMITING ANY PERSON’S ABILITY TO RECOVER DIRECT DAMAGES (INCLUDING LOST PROFITS THAT ARE DIRECT DAMAGES) AS PROVIDED UNDER TEXAS LAW OR TO RECOVER DAMAGES ATTRIBUTABLE TO ANY BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7.12(n).

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARYIN NO EVENT SHALL EITHER PARTY OR ANY OF ITS AFFILIATES, UNDER NO CIRCUMSTANCES WILL OR ANY MEMBER OF COMPANY GROUP THEIR REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE TO THE OTHER PARTY OR TO ANY MEMBER OF GRANTEE GROUP ITS AFFILIATES, OR ANY OF THEIR REPRESENTATIVES, SUCCESSORS OR ASSIGNS UNDER ANY ORDER FORM, THIS AGREEMENT OR THE BAA FOR ANY CONSEQUENTIALCOVER, PUNITIVE, EXEMPLARY, COLLATERAL, SPECIAL, INDIRECT, INCIDENTALINCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, EXEMPLARYBUT NOT LIMITED TO, OR PUNITIVE DAMAGESLOST PROFITS, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITSLOST REVENUES, LOST SAVINGS, LOSS OF REPUTATION OR GOODWILL, LOST BUSINESS OPPORTUNITYOR BUSINESS OPPORTUNITIES, LOSS OF PROSPECTIVE REVENUEUSE OF EQUIPMENT OR OTHER DOWN TIME, LOSS OF OR CORRUPTION TO DATA) ARISING OUT OF, OR DOWNTIME RELATING TO, ANY ORDER FORM, THIS AGREEMENT OR THE BAA REGARDLESS OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENTTHE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, DAMAGES OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDLOSSES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO NONE OF THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP PARTIES SHALL BE LIABLE TO ANY MEMBER OTHER PARTY FOR EXEMPLARY, PUNITIVE, TREBLE, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OF GRANTEE GROUP FOR ANY CONSEQUENTIALKIND ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE OTHER TRANSACTION DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, EXCEPT TO THE EXTENT ANY SUCH PARTY SUFFERS SUCH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH SUCH DAMAGES) TO A THIRD PARTY, WHICH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING AGAINST SUCH DAMAGES) SHALL NOT BE EXCLUDED BY THIS PROVISION AS TO RECOVERY HEREUNDER. SUBJECT TO THE PRECEDING SENTENCE, EACH PARTY, ON BEHALF OF ITSELF AND EACH OF ITS AFFILIATES, WAIVES ANY RIGHT TO RECOVER PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE EXEMPLARY AND CONSEQUENTIAL DAMAGES, OR ANY INCLUDING DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF FOR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, ARISING IN CONNECTION WITH OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF WITH RESPECT TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY TRANSACTION DOCUMENTS OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION TRANSACTIONS CONTEMPLATED HEREBY OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDTHEREBY.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARYCONTRARY HEREIN, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP PARTY SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECTPUNITIVE, EXEMPLARY, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE INDIRECT DAMAGES, LOST PROFITS OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITSLOST BENEFITS, LOSS OF BUSINESS OPPORTUNITYWHETHER BASED ON CONTRACT, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCTTORT, STRICT LIABILITY, STATUTORY LIABILITYOTHER LAW OR OTHERWISE AND WHETHER OR NOT ARISING FROM ANY OTHER PARTY’S SOLE, CONTRACTUAL LIABILITYJOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL FAULT OF FAULT; PROVIDED HOWEVER THAT THIS SECTION 7.3 SHALL NOT LIMIT A PARTY’S RIGHT TO RECOVER FOR ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED DAMAGES TO THE EXTENT SO PERMITTEDSUCH PARTY IS REQUIRED TO PAY SUCH DAMAGES TO A THIRD PARTY IN CONNECTION WITH A MATTER FOR WHICH SUCH PARTY HAS RECOURSE UNDER THIS AGREEMENT. FOR AVOIDANCE OF DOUBT, ALL LOSSES RESULTING FROM A FAILURE TO FOLLOW THE RISK POLICY ARE TO BE CONSIDERED DIRECT DAMAGES AND ARE NOT LIMITED BY THE FOREGOING.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO ANY OTHER PROVISION OF THIS AGREEMENT, EACH PARTY HEREBY EXPRESSLY DISCLAIMS, WAIVES AND RELEASES THE CONTRARY, UNDER NO CIRCUMSTANCES WILL OTHER PARTY FROM AND EXCLUDES ANY MEMBER OF COMPANY GROUP BE LIABLE TO ANY MEMBER OF GRANTEE GROUP RECOVERY FOR ANY CONSEQUENTIAL, ITS OWN SPECIAL, INDIRECTEXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARYAND INDIRECT DAMAGES (INCLUDING LOSS OF, DAMAGE TO OR DELAY IN PROFIT, REVENUE OR PRODUCTION) RELATING TO, ASSOCIATED WITH, OR PUNITIVE DAMAGES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENTAGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, EVEN IF ADVISED EXCEPT TO THE EXTENT ANY SUCH PARTY SUFFERS SUCH DAMAGES TO A THIRD PARTY, WHICH DAMAGES (INCLUDING COSTS OF THE POSSIBILITY OF SUCH DAMAGESDEFENSE AND REASONABLE ATTORNEY’S FEES) SHALL NOT BE EXCLUDED BY THIS PROVISION AS TO RECOVERY HEREUNDER. NO LAW, THEORY, OR PUBLIC POLICY WILL SHALL BE GIVEN EFFECT THAT WHICH WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS THE FOREGOING WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER DAMAGE WAIVER, EXCLUSION, DISCLAIMER, AND RELEASE IS TO BE GIVEN ITS THE FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, JOINT OR CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, LIABILITY OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDPARTY.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP CONTRACTOR RELATED PARTIES SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP COMPANY RELATED PARTIES, NOR SHALL ANY COMPANY RELATED PARTIES BE LIABLE TO ANY CONTRACTOR RELATED PARTIES, FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGESSPECIAL DAMAGES THAT ARISE OUT OF, RELATE TO, OR ARE OTHERWISE ATTRIBUTABLE TO THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES, OR ANY DAMAGES ARISING OUT OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUEADDITIONAL SERVICES, OR DOWNTIME OF FACILITIES OTHER DUTIES HEREUNDER. THIS ARTICLE 12 SPECIFICALLY PROTECTS THE CONTRACTOR RELATED PARTIES, AND THE COMPANY RELATED PARTIES, AGAINST SUCH PUNITIVE, CONSEQUENTIAL OR VESSELS ARISING OUT OF THIS AGREEMENT, EXEMPLARY DAMAGES EVEN IF ADVISED OF WITH RESPECT TO THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE)NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, LIABILITY OR OTHER LEGAL FAULT OR RESPONSIBILITY OF ANY PARTY THE CONTRACTOR RELATED PARTIES AND THE COMPANY RELATED PARTIES, AS THE CASE MAY BE; AND ALL RIGHTS TO RECOVER SUCH PUNITIVE, CONSEQUENTIAL OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENTEXEMPLARY DAMAGES ARE HEREBY WAIVED AND RELEASED, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTEDSUCH DAMAGES ARE OWED TO THIRD PARTIES IN RELATION TO A LOSS FOR WHICH ONE PARTY OWES INDEMNITY OBLIGATIONS TO THE OTHER PARTY UNDER THIS AGREEMENT.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN Notwithstanding anything to the contrary contained herein, AND TO THE CONTRARYMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP SHALL NOT BE LIABLE TO ANY MEMBER OF GRANTEE GROUP YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALPUNITIVE, EXEMPLARY, CONSEQUENTIAL, INDIRECT OR PUNITIVE INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST OPPORTUNITY, LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA OR ANY DAMAGES LOSS OF BUSINESS (“CONSEQUENTIAL DAMAGES”) ARISING OUT OF OR CALCULATED BY RESULTING FROM THE LOSS OF PROFITSUSE (OR INABILITY TO ACCESS AND USE) THE SITE(S), LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, CONTENT OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENTSERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THIS PROVISION SHALL APPLY REGARDLESS OF CAUSE INCLUDING BUT NOT LIMITED TO THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, JOINT OR PASSIVE)CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF DUTY (STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), BREACH OF CONTRACT, OR ANY OTHER LEGAL FAULT OR RESPONSIBILITY OF COMPANY GROUP AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH WHETHER FORESEEABLE OR NOT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDDAMAGES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN THE AIRCRAFT SHALL BE LEASED BY THE LESSOR TO THE CONTRARYLESSEE "AS IS" AND "WHERE IS," WHICH IS ACKNOWLEDGED AND AGREED TO BY THE LESSEE. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN 4.2 ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER, UNDER NO CIRCUMSTANCES WILL EXPRESS OR IMPLIED, AND LESSOR HAS NOT MADE, SHALL NOT BE CONSIDERED TO HAVE MADE, AND SPECIFICALLY DISCLAIMS (1) ANY MEMBER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE AIRCRAFT, REGARDING CONDITION, DESIGN, OPERATION, MERCHANTABILITY, FREEDOM FROM CLAIMS OF COMPANY GROUP BE LIABLE TO ANY MEMBER INFRINGEMENT OR THE LIKE, FITNESS FOR USE FOR A PARTICULAR PURPOSE, QUALITY OF GRANTEE GROUP FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARYMATERIALS OR WORKMANSHIP, OR PUNITIVE ABSENCE OF DISCOVERABLE OR NONDISCOVERABLE DEFECTS; (2) ANY OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE AIRCRAFT (INCLUDING ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE); AND (3) ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO CONDITIONS PRECEDENT TO LESSEE'S ACCEPTANCE. THE LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY SUCH WARRANTY OR WARRANTIES. THE LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO THE LESSEE WHETHER ARISING IN CONTRACT OR TORT OUT OF ANY NEGLIGENCE OR STRICT LIABILITY OF LESSOR OR OTHERWISE, AND LESSEE HEREBY DISCLAIMS AND WAIVES ANY RIGHT IT WOULD OTHERWISE HAVE TO RECOVER FOR (1) ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DURING THE TERM DIRECTLY OR INDIRECTLY BY THE AIRCRAFT OR BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN; (2) THE USE, OPERATION OR PERFORMANCE OF THE AIRCRAFT OR ANY RISKS RELATING TO IT; OR (3) ANY CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING OUT INCLUDING THOSE FOR INTERRUPTION OF OR CALCULATED BY THE LOSS OF PROFITSSERVICE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUEOR ANTICIPATED PROFITS, OR DOWNTIME FOR CONSEQUENTIAL DAMAGES AS A RESULT OF FACILITIES ANY BREACH OR VESSELS ARISING OUT ALLEGED BREACH BY THE LESSOR OF THIS AGREEMENT, EVEN IF ADVISED ANY OF THE POSSIBILITY OF SUCH DAMAGES. NO LAWAGREEMENTS, THEORYREPRESENTATION, OR PUBLIC POLICY WILL BE GIVEN EFFECT WARRANTIES OF THE LESSOR CONTAINED IN THIS LEASE; PROVIDED, HOWEVER, THAT WOULD UNDERMINE, DIMINISHNOTHING HEREIN SHALL RELIEVE LESSOR OF ANY RESPONSIBILITY OR LIABILITY TO LESSEE FOR, OR REDUCE THE EFFECTIVENESS CONSTITUTE A WAIVER BY LESSEE OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT RIGHTS WITH RESPECT TO (a) ANY BREACH BY LESSOR OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVECOVENANT SET FORTH IN SECTION 4.5 HEREOF, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), b) LESSOR'S OBLIGATIONS PURSUANT TO SECTIONS 3.6.4 AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED5.5 HEREOF.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN NONE OF THE BUYER INDEMNIFIED PARTIES NOR SELLER INDEMNIFIED PARTIES SHALL BE ENTITLED TO THE CONTRARYRECOVER FROM SELLERS OR BUYER, UNDER NO CIRCUMSTANCES WILL OR THEIR RESPECTIVE AFFILIATES, ANY MEMBER OF COMPANY GROUP BE LIABLE TO ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALCONSEQUENTIAL, PUNITIVE, EXEMPLARY, REMOTE OR PUNITIVE SPECULATIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS (OTHER THAN LOST PROFITS THAT CONSTITUTE DIRECT DAMAGES AS A MATTER OF LAW) OF ANY KIND ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT TO THE EXTENT ANY SUCH PARTY SUFFERS SUCH DAMAGES ARISING OUT (INCLUDING COSTS OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING OF SUCH DAMAGES) TO A THIRD PARTY, WHICH DAMAGES (INCLUDING COSTS OF HN\1533753.22 DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING AGAINST SUCH DAMAGES) SHALL NOT BE EXCLUDED BY THIS PROVISION AS TO RECOVERY HEREUNDER. NO LAWSUBJECT TO THE PRECEDING SENTENCE, THEORYBUYER, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE ON BEHALF OF EACH OF THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDINGBUYER INDEMNIFIED PARTIES, AND AGREEMENT SELLERS, ON BEHALF OF EACH OF THE PARTIES SELLER INDEMNIFIED PARTIES, WAIVE ANY RIGHT TO RECOVER ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, REMOTE OR SPECULATIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS (OTHER THAN LOST PROFITS THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT CONSTITUTE DIRECT DAMAGES AS A MATTER OF LAW) OF ANY PARTY KIND, ARISING IN CONNECTION WITH OR WITH RESPECT TO THIS AGREEMENT OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDTRANSACTIONS CONTEMPLATED HEREBY.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN The Engine is being leased by the Lessor to the Lessee hereunder ON A COMPLETELY "AS IS," "WHERE IS," BASIS, WHICH IS ACKNOWLEDGED AND AGREED TO BY THE LESSEE. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN (b) ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND LESSOR HAS NOT MADE AND SHALL NOT BE CONSIDERED OR DEEMED TO HAVE MADE (WHETHER BY VIRTUE OF HAVING LEASED THE ENGINE UNDER THIS LEASE, OR HAVING ACQUIRED THE ENGINE, OR HAVING DONE OR FAILED TO DO ANY ACT, OR HAVING ACQUIRED OR FAILED TO ACQUIRE ANY STATUS UNDER OR IN RELATION TO THIS LEASE OR OTHERWISE) ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP BE LIABLE ENGINE OR TO ANY MEMBER PART THEREOF, AND SPECIFICALLY, WITHOUT LIMITATION, IN THIS RESPECT DISCLAIMS AS TO THE TITLE, AIRWORTHINESS, VALUE, CONDITION, DESIGN, MERCHANTABILITY, COMPLIANCE WITH SPECIFICATIONS, CONSTRUCTION AND CONDITION OF GRANTEE GROUP THE ENGINE OPERATION, OR FITNESS FOR A PARTICULAR USE OF THE ENGINE AND AS TO THE ABSENCE OF LATENT AND OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT OR THE LIKE, HEREUNDER OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE ENGINE OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE), WITH RESPECT TO THE ENGINE OR ANY PART THEREOF. THE LESSEE HEREBY WAIVES, RELEASES, DISCLAIMS AND RENOUNCES ALL EXPECTATION OF OR RELIANCE UPON ANY SUCH AND OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF LESSOR AND RIGHTS, CLAIMS AND REMEDIES OF THE LESSEE AGAINST LESSOR, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR ANY CONSEQUENTIALPARTICULAR USE, SPECIAL(ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, INDIRECTCOURSE OF DEALING OR USAGE OF TRADE, INCIDENTAL(iii) ANY OBLIGATION, EXEMPLARYLIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LESSOR, ACTUAL OR IMPUTED, AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE ENGINE, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO THE ENGINE, OR PUNITIVE FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, . THE LESSOR SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO THE LESSEE OR ANY DAMAGES OTHER PERSON WHETHER ARISING IN CONTRACT OR TORT OUT OF ANY NEGLIGENCE OR CALCULATED BY THE LOSS STRICT LIABILITY OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, LESSOR OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDINGOTHERWISE, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS LESSEE HEREBY DISCLAIMS AND WAIVES ANY RIGHT IT WOULD OTHERWISE HAVE TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTED.RECOVER FOR

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN NONE OF THE BUYER INDEMNIFIED PARTIES NOR SELLER INDEMNIFIED PARTIES SHALL BE ENTITLED TO THE CONTRARYRECOVER FROM SELLERS OR BUYER, UNDER NO CIRCUMSTANCES WILL OR THEIR RESPECTIVE AFFILIATES, ANY MEMBER OF COMPANY GROUP BE LIABLE TO ANY MEMBER OF GRANTEE GROUP FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTALCONSEQUENTIAL, PUNITIVE, EXEMPLARY, REMOTE OR PUNITIVE SPECULATIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS (OTHER THAN LOST PROFITS THAT CONSTITUTE DIRECT DAMAGES AS A MATTER OF LAW) OF ANY KIND ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT TO THE EXTENT ANY SUCH PARTY SUFFERS SUCH DAMAGES ARISING OUT (INCLUDING COSTS OF OR CALCULATED BY THE LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING OF SUCH DAMAGES) TO A THIRD PARTY, WHICH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING AGAINST SUCH DAMAGES) SHALL NOT BE EXCLUDED BY THIS PROVISION AS TO RECOVERY HEREUNDER. NO LAWSUBJECT TO THE PRECEDING SENTENCE, THEORYBUYER, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE ON BEHALF OF EACH OF THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDINGBUYER INDEMNIFIED PARTIES, AND AGREEMENT SELLERS, ON BEHALF OF EACH OF THE PARTIES SELLER INDEMNIFIED PARTIES, WAIVE ANY RIGHT TO RECOVER ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, REMOTE OR SPECULATIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS (OTHER THAN LOST PROFITS THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT CONSTITUTE DIRECT DAMAGES AS A MATTER OF LAW) OF ANY PARTY KIND, ARISING IN CONNECTION WITH OR WITH RESPECT TO THIS AGREEMENT OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDTRANSACTIONS CONTEMPLATED HEREBY.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO Notwithstanding anything to the contrary in this Agreement: (a) THE CONTRARYOWNER HEREBY WAIVES AND RELEASES ALL RIGHTS OF RECOVERY AGAINST THE DEVELOPER AND THE DEVELOPER’S AND THE DEVELOPER’S AFFILIATES’ MEMBERS, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP BE LIABLE TO ANY MEMBER OF GRANTEE GROUP MANAGERS, MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF INCOME OR ANY DAMAGES PROFITS AND DAMAGE TO GOODWILL OR GOING CONCERN VALUE, ARISING OUT OF LOSS OR CALCULATED DAMAGE TO PROPERTY OR BUSINESS OF THE OWNER RELATING TO THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF THE DEVELOPER, OR ITS AGENTS OR EMPLOYEES. (b) THE DEVELOPER HEREBY WAIVES AND RELEASES ALL RIGHTS OF RECOVERY AGAINST THE OWNER AND THE OWNER’S AFFILIATES’ MEMBERS, MANAGERS, MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITSINCOME OR PROFITS AND DAMAGE TO GOODWILL OR GOING CONCERN VALUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF LOSS OR DAMAGE TO PROPERTY OR BUSINESS OF THE DEVELOPER RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED EXCEPT TO THE EXTENT SO PERMITTEDTHAT SUCH LOSS OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF THE OWNER, OR ITS AGENTS OR EMPLOYEES.

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF COMPANY GROUP NEITHER BUYER, SELLER NOR THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE HEREUNDER TO ANY MEMBER OF GRANTEE GROUP INDEMNIFIED PARTY FOR ANY (a) PUNITIVE OR EXEMPLARY DAMAGES OR (b) LOST PROFITS, DIMINUTION IN VALUE OR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE INDIRECT DAMAGES, IN EACH CASE IN CONNECTION WITH THIS AGREEMENT OR ANY DAMAGES ARISING OUT THE TRANSACTIONS CONTEMPLATED HEREBY AND ALL OF OR CALCULATED BY THE LOSS OF PROFITSWHICH ARE HEREBY WAIVED, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROSPECTIVE REVENUE, OR DOWNTIME OF FACILITIES OR VESSELS ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED EXCEPT IN EACH CASE OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, FOREGOING CLAUSES (a) AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVEb), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDANY SUCH LOST PROFITS, DIMINUTION IN VALUE OR DAMAGES ARE INCLUDED IN ANY ACTION BY A THIRD PARTY AGAINST SUCH INDEMNIFIED PARTY AND SUCH LOST PROFITS, DIMINUTION IN VALUE OR DAMAGES ARE OTHERWISE INDEMNIFIABLE OR RECOVERABLE LOSSES UNDER THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 10.8 SHALL BE CONSTRUED AS LIMITING ANY PERSON’S ABILITY TO RECOVER DIRECT DAMAGES (INCLUDING LOST PROFITS THAT ARE DIRECT DAMAGES) AS PROVIDED UNDER TEXAS LAW OR TO RECOVER DAMAGES ATTRIBUTABLE TO ANY BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7.12(N).

Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARYFULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL NEITHER PARTY NOR ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, AFFILIATES, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF ANY MEMBER OF COMPANY GROUP TIER SHALL BE LIABLE TO ANY MEMBER OF GRANTEE GROUP THE OTHER PARTY OR ITS AFFILIATES OR INDEMNITEES, AND EACH PARTY WAIVES ALL CLAIMS, PAST, PRESENT, AND FUTURE, AGAINST THE SAME, FOR ANY CONSEQUENTIALSPECIAL, SPECIALINCIDENTAL, INDIRECT, INCIDENTALCONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE, IN ANY DAMAGES WAY ARISING OUT OF OR CALCULATED BY IN CONNECTION WITH THE SERVICES OR THE CONTRACT DOCUMENTS, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, THE FAILURE OF ANY REMEDY HEREUNDER FOR WANT OF ITS ESSENTIAL PURPOSE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHER BASIS OF LIABILITY. SUCH DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS REVENUE, INTEREST, OPPORTUNITY, LOSS GOODWILL, COST OF PROSPECTIVE REVENUECAPITAL, OR DOWNTIME DIMINUTION OF FACILITIES VALUE, FINANCING COSTS OR VESSELS ARISING OUT CLAIMS OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO LAW, THEORY, OR PUBLIC POLICY WILL BE GIVEN EFFECT THAT WOULD UNDERMINE, DIMINISH, OR REDUCE THE EFFECTIVENESS OF THIS WAIVER, IT BEING THE EXPRESS INTENT, UNDERSTANDING, AND AGREEMENT OF THE PARTIES THAT SUCH WAIVER IS TO BE GIVEN ITS FULLEST EFFECT, NOTWITHSTANDING THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY, STATUTORY LIABILITY, CONTRACTUAL LIABILITY, OR OTHER LEGAL FAULT OF ANY PARTY OR THE EXISTENCE OF ANY PRE- EXISTING CONDITION OR DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE), AND ANY STATUTORY REMEDIES THAT ARE INCONSISTENT WITH SUCH WAIVER ARE WAIVED TO THE EXTENT SO PERMITTEDCUSTOMERS.