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4.6. In cases of deliveries of Products manufactured to Buyer's specification ("Special Orders"), Company
<br /> reserves the right to rely on the technical specifications provided by Buyer.
<br /> 4.7. Unless otherwise agreed to in writing, all tools, models, plans, blueprints or other devices and/or
<br /> documents used and/or developed by Company(the "Tools") in order to fulfill any Order or Special Order are
<br /> the property of the Company,even if the cost of development and/or manufacturing of such tools,models,plans,
<br /> blueprints or other devices and/or documents was wholly or partially borne by the Buyer.
<br /> S. Security Interest:
<br /> 5.1. As security for the timely payment and performance of all Buyer's indebtedness to Company, Buyer
<br /> hereby grants to Lender a first priority security interest in the Products following delivery thereof to Buyer
<br /> ("Collateral").Such Interest shall remain in force until payment in full of the entire purchase price forthe Products
<br /> and any other amounts due to the Company by Buyer.
<br /> 5.2. If so requested by Company,the Buyer shall deliver to Company, in form and substance satisfactory to
<br /> Company,and duly executed as required by Company,financing statements and other security interest perfec-
<br /> tion documentation in form and substance satisfactory to Company,duly filed under the UCC in all jurisdictions
<br /> as may be necessary,or in Company's opinion,desirable,to perfect Company's security interest and lien in the
<br /> Collateral, in order to establish, perfect, preserve and protect Company's security interest as a legal,valid and
<br /> enforceable security interest and lien, and all property or documents of title, in cases in which possession is
<br /> required for the perfection of Company's security interest.
<br /> 6. Limitation of Liability:
<br /> 6.1. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY
<br /> PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
<br /> INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF EARNINGS, PROFITS,
<br /> REVENUE, GOODWILL OR USE, INCURRED BY BUYER OR ANY THIRD PARTY,
<br /> WHETHER IN AN ACTION BASED UPON EQUITY, CONTRACT, TORT, STRICT
<br /> LIABILITY, OR IMPOSED BY CASE LAW OR STATUTE, OR OTHERWISE, EVEN IF
<br /> PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br /> § 1
<br /> 6.2. NOTWITHSTANDING THE TERMS AND CONDITIONS SET FORTH IN
<br /> SECTION 6.1.,COMPANY'S LIABILITY—WHETHER BASED UPON CONTRACT,TORT,
<br /> EQUITY, NEGLIGENCE OR ANY OTHER LEGAL CONCEPT — SHALL IN NO EVENT
<br /> EXCEED THE VALUE OF BUYER'S ORDER TO WHICH THE DAMAGES ARE
<br /> PERTAINING TO, AS DESCRIBED ON THE ORDER FORM, OR THE ORDER VALUE
<br /> FOR ONE (1) CALENDAR YEAR, WHICHEVER AMOUNT IS LOWER. IT IS AGREED
<br /> AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE
<br /> THE RISKS BETWEEN COMPANY AND BUYER IN AN EQUITABLE MANNER, THAT
<br /> COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS
<br /> ALLOCATION AND LIMITATION OF LIABILITY, COMPANY WOULD NOT HAVE
<br /> ENTERED INTO THIS AGREEMENT.
<br /> § 2
<br /> 6.3. IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS
<br /> OR EXCLUSION OF REMEDIES OR DAMAGES,OR OF LIABILITY,SUCH AS LIABILITY
<br />
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