Limitation of Liability For Consequential Damages. Notwithstanding any provision of this Agreement, neither Party shall in any circumstances whatsoever be liable hereunder to the other Party for indirect, exemplary, special, incidental or consequential or punitive damages including, without limitation, any such damages for loss of profits sustained or claimed by the other Party in connection with or arising out of this Agreement; provided however that nothing herein shall in any way limit the right of a Party to be indemnified by the other Party pursuant to Section 15 for a claim to the extent that such Party is seeking indemnity for a third party Claim for incidental or consequential or punitive damages including, without limitation, loss of profits.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (BioAmber Inc.), Purchase and Sale Agreement (BioAmber Inc.)