Common use of INDIRECT OR CONSEQUENTIAL DAMAGE Clause in Contracts

INDIRECT OR CONSEQUENTIAL DAMAGE. Except as expressly provided in the Contract pursuant to Clauses 34 and 35, either Party shall not be liable to the other Party by way of indemnity or by reason of any breach of the Contract or of legal duty or by reason of tort (including but not limited to negligence) or otherwise for any loss of profit, loss of use, loss of production, loss of contracts or for any indirect or consequential loss or damage whatsoever that may be suffered by the other of them. This Clause 44.2 shall not affect any liability of either Party arising as a result of the fraud, deliberate default or reckless misconduct of such Party.