Limitation of Liability

M & M STAINLESS INC. CUMULATIVE LIABILITY ARISING OUT OF OR IN ANY MANNER RELATED TO THIS CONTRACT SHALL NOT EXCEED IN THE AGGREGATE THE CONTRACT PRICE, AND PURCHASER HEREBY RELEASES M & M STAINLESS INC. FROM ANY EXCESS LIABILITY; AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,                 M & M STAINLESS INC. SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIABILITY FOR LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE, LOSS OF PRODUCT OR OUTPUT, OR BUSINESS INTERRUPTION. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY HOWEVER THEY ARISE, WHETHER IN CONTRACT, TORT, STATUTE, EQUITY OR OTHER THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, THE BREACH OF ANY LEGAL DUTY OR THE FAULT, NEGLIGENCE OR STRICT LIABILITY OF EITHER PARTY).

Waiver

The failure of either party hereto to exercise or enforce any right under this Agreement shall not constitute a release or waiver of the subsequent exercise or enforcement of such right.

Severability

Should any of the provisions of this Agreement be declared invalid by a court or administrative body of competent jurisdiction, then this Agreement shall not terminate, but shall be construed as if the invalid provision had never been included herein.

Third Party Beneficiaries

Except as otherwise expressly provided herein, nothing in this contract, express or implied, is intended, or will be construed, to confer upon or give any person or entity other than Purchaser and M & M Stainless Inc. any rights, remedies or obligations under or by reason of this contract.

Have questions or concerns? Call M & M Stainless, Inc. (209) 567-2533