Except as otherwise provided in an SOW or exhibit to this Agreement, and except for claims by parties other than Menlo or its or their respective Customers, employees, agents or contractors for which indemnification is sought under Section 8 hereof, in no event shall either party be liable to the other party for any consequential, indirect or special damages, including, but not limited to, damages attributable to or based upon any loss of present or future profits or contracts, costs of procurement of substitute goods or services, loss of production or loss costs, of procurement of substitute goods or services, loss of production or loss of operation time, any loss of or injury to customer goodwill, punitive damages or any lost or foregone investments and opportunities.