Flender/Flender Gear Units/Helical gearboxes H3
D ALL OTHER RE MEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY

SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROF ITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY

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LIMITATIONS HEREIN IMPOSED ON RE MEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUS OR CAUSES RELATED

THERETO, INCLUDING THE NEGLIGENCE OF ANY PA RTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTI VE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES AR DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAIN ING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALC ULATED HEREUNDER CONSTITUTE REASONABLE APPROXIMATION OF THE HARM OR LOSS. 3 LA\1.2 ARTICLE XVII CREDIT SUPPORT Section 1.1 Financial Information . If requested by Party, the other Party shall deliver: () within 1 Calendar Days following the end of each fiscal year, copy of its (and, if applicable, its Guarantors) annua report containing audited conso lidated financial statements for such fiscal year; and () within 1 Calendar Days after the end of each of its first three fiscal quarters (or half-year, if applicab le) of each fiscal year, copy of its (and, if applicable, its Guarantors) quarterly (or half-yearly, if appl icable) report containing unaudited consolidated financial statements for such fiscal quarter ( half-year, if applicable). In all cases the statements shall be for the most recent acc ounting period and prepared in accordance with generally accepted accounting principles; provided , however , that should any such statements not be available on timely basis due to delay in preparation or certification, such delay shall not be an Event of Default so long as the produ cing