Common use of Excluded Damages Clause in Contracts

Excluded Damages. In no event shall any Party or such Party’s affiliates, or any of its or their respective officers, directors, employees, agents or representatives, be liable for any special, punitive, exemplary, consequential, incidental or indirect Damages, or any Damages based on lost profits (except for claims of Intellectual Property infringement, dilution or misappropriation), in each case whether based on contract, tort, strict liability, other Law or otherwise, including if such Damages are payable to a Third Party.

Excluded Damages. In no event shall any Party or such Party’s affiliates, or any of its or their respective officers, directors, employees, agents or representatives, will either party be liable for any specialincidental, indirect, consequential, punitive, exemplary, consequential, incidental or indirect Damagesspecial, or any Damages based on exemplary damages (including but not limited to lost profits (except for claims profits, or loss of Intellectual Property infringement, dilution business or misappropriationreputation), in each case whether based on contract, tort, strict liability, other Law or otherwise, including even if such Damages are payable to a Third Partyparty has been advised of such damages in advance or if such damages were foreseeable.