Common use of Mutual Exclusion of Indirect and Other Loss Clause in Contracts

Mutual Exclusion of Indirect and Other Loss. TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES OR DELEGATES, BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER; OR (B) LOSS OF REVENUE, PROFIT, GOODWILL, REPUTATION, BUSINESS OR INVESTMENT OPPORTUNITY, ANTICIPATED SAVINGS; OR (C) LOSSES ARISING FROM ANY SPECIAL CIRCUMSTANCE OF THE OTHER PARTY OR ANY PERSON ARISING UNDER THIS AGREEMENT OR UNDER LAW OR OTHERWISE IN CONNECTION WITH, OR IN ANY WAY RELATED TO, THIS AGREEMENT; IN EACH CASE WHETHER OR NOT SUCH PARTY OR ITS DELEGATES OR AFFILIATES HAVE BEEN ADVISED OF OR OTHERWISE MIGHT OR SHOULD HAVE ANTICIPATED, THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. THE EXCLUSIONS OF LIABILITY IN THIS SECTION WILL APPLY REGARDLESS OF THE FORM OR TYPE OF ACTION IN WHICH A CLAIM IS BROUGHT OR UNDER WHICH IT IS MADE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OF ANY KIND), WARRANTY, STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, AND WILL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.