“Notwithstanding any other provision of the Purchase Order,
Vendor Group’s total cumulative liability to Company arising out of or in relation to the performance of the Purchase Order, including but not limited to liability for default, rework, re-performance or replacement,
under any cause of action whether in tort,
contract or otherwise at law, shall not exceed a cumulative sum equivalent to 100% (one hundred percent) of the value of the Purchase Order regardless of cause and whether any such liability arises by reason of negligence or breach of duty (whether statutory or otherwise) on the part of the Vendor Group and Company shall indemnify and hold harmless Vendor Group from and against all such liability in excess of this amount. “Vendor Group” shall mean the Vendor,
its subcontractors and their respective personnel.”