Common use of Additional Limitations on Liability Clause in Contracts

Additional Limitations on Liability. Notwithstanding anything to the contrary contained in this Agreement (including this Article IX), no Indemnifying Party shall be liable to any Indemnified Party, whether in contract, tort (including negligence and strict liability) or otherwise, at law or in equity, and Losses under this Article IX shall not include (A) consequential, indirect, exemplary, special or punitive damages, (B) losses or damages based upon a multiple of profits or earnings, (C) losses or damages caused by diminution of value or loss of use, profits, revenue, opportunity or reputation or (D) interest charges or cost of capital, except, in each case, to the extent any such damages are reasonably foreseeable or are awarded against or otherwise payable or incurred by an Indemnified Party in connection with a Third-Party Claim.

Additional Limitations on Liability. Notwithstanding anything to the contrary contained in this Agreement (including this Article IXXI), no Indemnifying Party shall be liable to any Indemnified Party, whether in contract, tort (including negligence and strict liability) or otherwise, at law or in equity, and Losses under this Article IX XI shall not include include, (A) consequential, indirect, exemplary, special or punitive damages, (B) losses or damages based upon a multiple of profits or earnings, (C) losses or damages caused by diminution of value or loss of use, profits, revenue, opportunity or reputation or (D) interest charges or cost of capital, except, in each case, to the extent any such damages are reasonably foreseeable or are awarded against or otherwise payable or incurred by an Indemnified Party in connection with a Third-Third Party Claim.