Limitation of Liability

NEITHER PURE AIR CONTROL SERVICES, INC. (NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS OR ASSIGNS, COLLECTIVELY, “PURE AIR”) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR OTHERWISE RELATING TO THE PRODUCT OR ANY RELATED PURCHASE ORDER OR AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF PURE AIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PURE AIR’S AGGREGATE LIABILITY TO BUYER EXCEED AN AMOUNT EQUAL TO THE COST ACTUALLY PAID BY BUYER FOR THE PRODUCT OR APPLICABLE PURCHASE ORDER.