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0 <br />40 <br />OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, <br />LOSS OF PROFIT OR REVENUES, LOSS OF USE OF <br />PRODUCTS, OR ANY ASSOCIATED EQUIPMENTS, COST OF <br />CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, <br />SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS <br />OR CLAIMS OF BUYER'S CUSTOMERS OR THIRD PARTIES <br />FOR SUCH LOSSES OR DAMAGES. IF BUYER TRANSFERS <br />TITLE TO, OR LEASES THE PRODUCTS SOLD HEREUNDER <br />TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY <br />THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD <br />PARTY A PROVISION AND AGREEMENT AFFORDING SELLER <br />AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, <br />AFFILIATES, SUBCONTRACTORS AND SUPPLIERS THE <br />PROTECTION OF THE PRECEDING SENTENCE. <br />C. The provisions of this Paragraph 13 LIMITATION OF LIABILITY, <br />shall apply notwithstanding any other provisions of this Contract or <br />any other agreement, whether past, concurrent or future, and <br />notwithstanding the conduct of Seller or any of its employees, <br />officers, directors, agents, affiliates, subcontractors or suppliers in <br />the performance of this Contract <br />D. The provisions of this Paragraph 13 (among others), LIMITATION <br />OF LIABILITY, shall survive the expiration or termination of this <br />Contract. <br />14. Remedies <br />A. In the event of a material breach of this Contract by Seller which <br />shall continue for ninety (90) or more days after written notice of <br />such breach (including a reasonably detailed statement of the <br />nature of such breach) shall have been given to Seller by Buyer <br />(but subject to the agreement herein regarding arbitration of <br />disputes), Buyer shall be entitled to avail itself cumulatively of any <br />and all remedies available at law or in equity (provided such <br />remedies are not otherwise limited or waived under the terms of <br />this Contract) and thereupon either: (1) suspend performance of its <br />payment obligations under the Contract for as long as the breach <br />continues uncorrected; or (2) terminate this Contract by written <br />notice to Seller if the breach) remains uncorrected. <br />B. In the event of: (1) any failure by Buyer for thirty (34) or more days <br />to make any payment when due, or (2) any other material breach of <br />this contract by Buyer which shall continue for (90) or more days <br />after written notice of such breach or repudiation (including a <br />reasonably detailed statement of the nature of such breach or <br />6 Axjl al Cmanct V2K Contra.:l dnme0c NIAI velsum dac 17 <br />q'_.1 'N 171 A"4 <br />