Common use of Remedy; Limitation of Liability Clause in Contracts

Remedy; Limitation of Liability. In the event of Zeiss’ breach of any warranty or obligation under this Agreement, Zeiss’ sole obligation shall be to make all necessary adjustments, repairs and replacements in accordance with the terms of this Agreement and to replace any parts installed pursuant to this Agreement, which are defective at the time of installation. Zeiss shall have no liability for damages under this Agreement in connection with any non-functioning or malfunctioning unit of Equipment unless such Equipment fails to function properly for a period of three (3) consecutive months. In that event, Zeiss’ total liability under this Agreement shall be limited to general money damages in an amount not to exceed three (3) months of the Service Fee Payments paid by Customer. Zeiss SHALL IN NO EVENT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, RELIANCE LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO LOSS OF USE OF EQUIPMENT, LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY.