Common use of IN NO EVENT WILL EITHER Clause in Contracts

IN NO EVENT WILL EITHER. PARTY BE LIABLE TO THE ----------------------- OTHER PARTY FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF USE, SAVINGS OR REVENUE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP OF QUALIX AND SGI. SGI'S LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS OF SALE AND/OR SALE OR USE, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE/LICENSE FEE OF PRODUCT. IN NO EVENT WILL SGI BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY QUALIX OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT WILL EITHER. PARTY BE LIABLE TO ----------------------- THE ----------------------- OTHER PARTY OR TO ANY THIRD PARTY FOR EXEMPLARY, INCIDENTAL, ANY INDIRECT, SPECIAL SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL INCIDENTAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY KIND, THIS AGREEMENT (INCLUDING WITHOUT LIMITATION LOSS OF PROFITPROFITS, LOSS OF ANTICIPATED REVENUES, USE, SAVINGS DATA OR REVENUEOTHER ECONOMIC ADVANTAGE), WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR NOT A OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP OF QUALIX AND SGI. SGI'S LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS OF SALE AND/OR SALE OR USE, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE/LICENSE FEE OF PRODUCTDAMAGES. IN NO EVENT WILL SGI BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY QUALIX SHALL PHILIPS HAVE ANY LIABILITY UNDER THIS AGREEMENT INCLUDING BUT NOT LIMITED TO DIRECT OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE INDIRECT DAMAGES OF ANY LIMITED REMEDYKIND OR NATURE IN THE AGGREGATE, IN EXCESS OF ONE MILLION ONE HUNDRED THOUSAND U.S. DOLLARS (US$1,100,000.00) OR THE PAYMENTS ACTUALLY RECEIVED BY PHILIPS UNDER THIS AGREEMENT, WHICHEVER IS GREATER, WHETHER ARISING BY CONTRACT, TORT, STRICT LIABILITY.