In no event shall DiaPharma be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise including, but not limited to, loss of profits or revenue, loss of use of the Products, delays, or claims of customers of the PUrchaser or other third parties for such or other damages.
DiaPharma's liability on all claims, whether in contract, warranty, negligence, tort, strict liablity, or otherwise for any loss or damage arising out of, or connected with an order or the performance or breach thereof, or from the design, manufacture, sale, or delivery shall in no case exceed the purchase price of the Product.