DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, PMAD ASSUMES NO LIABILITY WHATSOEVER FOR ANY: (A) HARM TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE OTHER THAN PMAD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (B) DAMAGE TO, OR LOSS RELATING TO, BUYER’S BUSINESS RESULTING FROM ANY CAUSE WHATSOEVER, OR (C) LOST PROFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, EQUITY, OR OTHERWISE, EVEN IF PMAD OR BUYER HAS BEEN ADVISED OF, OR ADVISED THE OTHER OF, THE POSSIBILITY OF SUCH DAMAGES.