Common use of LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER ARISING FROM ANY BREACH OF THIS MIPRA, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED $10,000. RESO PRODUCTS ARE PROVIDED “AS IS.” RESO AND MEMBERS MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. RESO AND MEMBERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, TITLE, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS PARAGRAPH SETS OUT MEMBER’S EXCLUSIVE REMEDIES. NOTWITHSTANDING ANY OTHER TERMS OF THIS PARAGRAPH OR THE REST OF THIS MIPRA, HOWEVER, THIS PARAGRAPH SHALL NOT APPLY IN THE EVENT OF ANY BREACH OF SECTIONS 2, 3, OR 5 OF THIS AGREEMENT. TERM AND TERMINATION

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE INDIRECT DAMAGES OF ANY KIND WHATSOEVER ARISING FROM ANY BREACH OUT OF THIS MIPRAAGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF A THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH DAMAGE; PROVIDED, HOWEVER, THAT THIS LIMITATION WILL NOT APPLY TO DAMAGES RESULTING FROM BREACHES BY A PARTY OF ITS DUTY OF CONFIDENTIALITY AND NONUSE IMPOSED UNDER herein AND THE CONFIDENTIALITY AGREEMENT OR SUCH PARTY’S TOTAL LIABILITY TO THE OTHER INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT EXCEED $10,000SECTION 2. RESO PRODUCTS ARE PROVIDED “Further, and notwithstanding anything to the contrary in this Agreement, the total liability of Hovione under this Agreement shall be limited to the value of the purchase order. EXCEPT AS IS.” RESO AND MEMBERS MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED EXCEPT THOSE EXPRESSLY SET FORTH STATED IN THIS AGREEMENT. RESO AND MEMBERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES INCLUDING , NEITHER PARTY MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND UNDER THIS AGREEMENT, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THOSE TO, WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT THOSE EXPRESSLY SET FORTH IN PURPOSE REGARDING ANY SERVICES TO BE PROVIDED OR MATERIALS TO BE PRODUCED BY HOVIONE UNDER THIS AGREEMENT. THIS PARAGRAPH SETS OUT MEMBER’S EXCLUSIVE REMEDIES. NOTWITHSTANDING ANY OTHER TERMS OF THIS PARAGRAPH OR THE REST OF THIS MIPRA, HOWEVER, THIS PARAGRAPH SHALL NOT APPLY IN THE EVENT OF ANY BREACH OF SECTIONS 2, 3, OR 5 OF THIS AGREEMENT. TERM AND TERMINATION.