Common use of Remedies and Limitation of Liability Clause in Contracts

Remedies and Limitation of Liability. 16.1 In the event of a breach of this Agreement by a Party, the other Party to this Agreement shall be entitled to pursue any remedy at law or in equity that any non-breaching Party would have against the breaching Party. 16.2 UNLESS EXPRESSLY STATED IN THIS AGREEMENT UNDER ARTICLE 10 OR 11, AND EXCEPT FOR A BREACH OF CONFIDENTIALITY, UNDER NO CIRCUMSTANCES WILL ANY PARTY TO THIS AGREEMENT, OR ANY SUBSIDIARY OF A PARTY, SEEK OR BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF THEY WERE FORESEEABLE OR A PARTY HAS INFORMED ANOTHER OF THE POTENTIAL FOR SUCH DAMAGES. EXCEPT FOR A BREACH OF CONFIDENTIALITY, EACH PARTY’S TOTAL LIABILITY OF ANY KIND UNDER THIS AGREEMENT SHALL BE LIMITED (I) PER DAMAGE EVENT TO [***] This limitation will apply regardless of the form of action (i.e., whether the mediation, arbitration, lawsuit or claim is in contract or in tort, including negligence).