Common use of Consequential or Punitive Damages Clause in Contracts

Consequential or Punitive Damages. Except as otherwise expressly set forth in‌ Section 11.2, neither Party shall be liable to the other Party for special, incidental, exemplary, indirect, punitive or consequential damages arising out of a Party’s performance or non- performance under this Agreement, whether based on or claimed under contract, tort (including such Party’s own negligence) or any other theory at law or in equity.

Consequential or Punitive Damages. Except as otherwise expressly set forth in‌ Section 11.2, neither Neither Party shall be liable to the other Party for special, incidental, exemplary, indirect, punitive or consequential damages arising out of a Party’s performance or non- non-performance under this Agreement, whether based on or claimed under contract, tort (including such Party’s own negligence) or any other theory at law or in equity., including damages for lost revenues, income or profits.‌

Consequential or Punitive Damages. Except as otherwise expressly set forth in‌ Section 11.2, neither No Party shall be liable to the other Party Parties for special, incidental, exemplary, indirect, punitive or consequential damages arising out of a Party’s performance or non- non-performance under this Agreement, whether based on or claimed under contract, tort (including such Party’s own negligence) or any other theory at law or in equity, including damages for lost revenues, income or profits.

Consequential or Punitive Damages. Except as otherwise expressly set forth in‌ Section 11.2, neither The Parties agree that in no event shall any Party shall be liable to the other another Party for specialconsequential, incidental, exemplary, indirect, incidental or indirect damages or punitive damages of any kind and that the Arbitrator (or consequential the Arbitration Panel as appropriate) shall have no power to award any such damages arising out of a Party’s performance or non- performance under this Agreement, whether based on or claimed under contract, tort (including such Party’s own negligence) or any other theory at law or in equityhereunder.