Flender/Flender Gear Units/Bevel-helical gear boxes B4
which it is based, includin , but not limited to liability in Contract, in tort (including neglige nce), misrepresentation, indemnity,

under warranty or other wise. 1.1 Flender shall be liable for bodily injuries and for ntentional acts or omissio ns

pursuant to the applicable la . 1.2 Flender shall in no event be liable, whether pursuant to any indem nity

or in contr act, tort (incl uding negligence and stat utory duty) or other wise for loss of profit or

revenue, loss of production, interruption of operations or loss of use, cost of capita , loss of interest, loss of information and/or data, for claims arising from Customers contracts with third parties, or for any indirect or co nsequential damag . 1.3 Flenders otal liabilit , whether pursuant to any ind emnity or contract, to rt (including negligenc and breach of statutory duty) or other wise arising by reason of or in connection with the Contract shall not xceed 5% of the Contract Pr ice, if ump sum has been agreed, or 5% of the fees paid in the 1 mont hs preceding the mont in which the claim arose if no lump um has been agreed. 1.4 Any limitations of liability set forth in this Contract shall also apply for the benefit of Flenders subcontractors, employees, agents or any other perso acting for Flender. 1.5 If the Customer is not or shall not be the sole end user and ultimate owner of the Supplies or is procuring them fo the benefit of any kind of joint venture, the Cust omer shall nclude clause in its contr acts with the nd user, ltimate owner or joint venture participants so that Flender is given the benefit of he indem nities, exclusio ns and limit ations of liabil ity in the Contract by all such use rs, owners or participants ( which shall apply as if the user, owner or p