NOTWITHSTANDING ANY OTHER CLAUSE IN

NOTWITHSTANDING ANY OTHER CLAUSE IN THE AGREEMENT, NEITHER PARTY SHALL BE LIABLE WHETHER IN TORT OR CONTRACT INCLUDING THROUGH NEGLIGENCE OR OTHERWISE FOR ANY CONSEQUENTIAL, INDIRECT OR SPECIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF USE AND LOSS OF INTEREST, GOODWILL, MARKET REPUTATION, BUSINESS RECEIPTS OR CONTRACTS OR COMMERCIAL OPPORTUNITIES, WHETHER OR NOT FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT, ITS IMPLEMENTATION, PERFORMANCE OF OR FAILURE TO PERFORM THE AGREEMENT.