In no event shall the Company be liable (and Purchaser waives all claims against the Company) for consequential, incidental, exemplary, punitive, special or indirect damages, costs or expenses based upon negligence, breach of warranty, breach of contract, or any other legal theory or cause of action arising, directly or indirectly, from products that are the subject of this contract, or, the use or failure thereof, including but not limited to, damages for loss of production, profits or injury to persons or property. This disclaimer shall remain in full force and effect even in the event that Purchaser’s sole and exclusive remedy shall fail of its essential purpose.