18. Warranties, Liability And Insurance
18.4 Liability cap. Either Party’s maximum liability in aggregate to the respective other Party arising out of this Agreement shall not exceed the aggregate of the Work Package Budgets for the Work Packages comprising the Project.
18.5 Exclusions. Except as provided by Clause 18.6, neither Party shall be liable to the other Party for indirect loss of profits, incidental or consequential damages, whether in contract, warranty, negligence, tort, strict liability or otherwise, arising out of any breach of or failure to perform any of the provisions of this Agreement.
18.6 Exclusions from liability cap. Nothing in this Agreement shall limit the liability of either Party for:
18.6.1. personal injury or death arising out of that Party’s negligence or willful misconduct; or
18.6.2. fraud or fraudulent misrepresentation or willful misconduct.