| BUYER AGREES THAT IN NO EVENT SHALL SELLER BE LIABLE FOR
ANTICIPATED PROFITS OR LOSS OF PRODUCTION OR FOR ANY OTHER DAMAGES WHETHER CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR OTHERWISE THAT ARISE OUT OF OR IN CONNECTION WITH THE
REMANUFACTURING, DELIVERY, INSTALLATION, MAINTENANCE, REPAIR, USE, OPERATION OR
DISMANTLING OF THE REMANUFACTURED EQUIPMENT OR OTHER RELATED SERVICES.
SELLER SHALL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL
AND PUNITIVE DAMAGES IN ANY ACTION BASED ON TORTIOUS ACTS OR OMISSIONS BY SELLER IN ANY
WAY RELATED TO THIS CONTRACT OR THE REMANUFACTURED EQUIPMENT. SELLER SHALL NOT BE LIABLE
TO BUYER OR ANY PARTY CLAIMING THROUGH BUYER FOR ANY DAMAGES ARISING OUT OF ACTIONS OR
OMISSIONS BY PERSONS OTHER THAN SELLER. SELLER SHALL NOT BE LIABLE TO BUYER OR ANY PARTY
CLAIMING THROUGH BUYER ANY DAMAGES ARISING OUT OF A PATENT INFRINGEMENT CLAIM OR ANY OTHER
INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
BUYER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY APPLIES TO ALL
DISPUTES BETWEEN THE PARTIES WHETHER ARISING UNDER THIS CONTRACT OR OTHERWISE. BUYER
ACKNOWLEDGES THAT THIS LIABILITY LIMITATION, WITHOUT LIMITING ITS GENERALITY, INCLUDES A
LACK OF LIABILITY FOR ANY LOSS OF ACTUAL OR ANTICIPATED REVENUE OR PROFITS, LOSS OF ACTUAL
OR ANTICIPATED VALUE OF THE BUSINESS OF EITHER PARTY, AND DAMAGE TO THE BUSINESS
REPUTATION OF EITHER PARTY TO THIS CONTRACT, EXCEPT AS SPECIFIED IN ANY OTHER PARAGRAPHS
HEREOF.
Exclusive Remedy re Infringement. LICENSEE's SOLE REMEDY with respect to
allegations or proof of infringement of third-party Intellectual Property Rights by the
Licensed Software and/or its use by LICENSEE, regardless of any alleged negligent
misrepresentation by LICENSOR in making the Noninfringement Knowledge Representation, TO
THE EXCLUSION OF ALL OTHER REMEDIES THEREFOR, will be for LICENSEE to invoke the
infringement defense provisions of Section 702. |
