Limitation of liability

In no event shall Hypertherm be liable to any person or entity for any incidental, consequential direct, indirect, punitive or exemplary damages (including but not limited to lost profits) regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranty, failure of essential purpose, or otherwise, and even if advised of the possibility of such damages. Hypertherm shall not be liable for any losses to Distributor based on down time, lost production or lost profits. It is the intention of the Distributor and Hypertherm that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.