Common use of ARBITRATION REQUIREMENT Clause in Contracts

ARBITRATION REQUIREMENT. EXCEPT AS STATED THE OWNER AGREES THAT THESE REMEDIES ARE THE OWN- ER’S EXCLUSIVE REMEDIES FOR BREACH OF ALL WARRAN- TIES. WHETHER ANY CLAIM IS BASED ON NEGLIGENCE OR OTH- ER TORT, BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, OR ANY OTHER THEORY, NEITHER DAIKIN NOR ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE OF A UNIT, EXTRA UTILITY EXPENSES, OR DAMAGES TO PROPERTY.