Limitation of Remedies
In no event shall First Gold be liable for any special, indirect or consequential damages, whether for breach of contract or warranty, negligence or other tort, on any type of strict liability theory or any other theory of liability.
Without limiting the generality of the foregoing, First Gold specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, services, labor or salaries, downtime, shutdown or slowdown costs, spoilage or materials, or any other type of economic loss. All the limitations and disclaimers contained in the paragraph and in the rest of this contract shall apply to claims of Customer's clients or any third party asserted by Customer against First Gold for indemnity or contribution, as well as direct claims of Customer against First Gold.
Customer shall indemnify First Gold against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys fees and other costs of defending any action) which First Gold may incur as a result of any claim by Customer or other arising out of or in connection with the products and/or service sold hereunder and based on (a) any modification of the products; (b) product or service defects not proved to have been caused solely by First Gold's negligence; or (c) in the event of resale, by virtue of Customer's failure to properly disclaim all implied warranties and consequential damages to subsequent purchasers.