INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR DAMAGES OF ANY KIND ,ARISING OUT OF THE SALE, FUNCTIONING, OR THE USE OF ANY OF THE PRODUCT PROVIDED ,HEREUNDER, EVEN IF SUNRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ,SUNRISE SHALL HAVE NO LIABILITY TO BUYER (EXCEPT AS EXPRESSLY PROVIDED IN THIS ,AGREEMENT) OR TO ANY CUSTOMER OF BUYER HEREUNDER, AND BUYER AGREES TO HOLD ,HARMLESS AND INDEMNIFY SUNRISE FOR ANY SUCH CLAIMS. In addition to the foregoing, Sunrise shall not ,be liable for (a) anyclaims arising by reason of death or personal injury except so far as the death or injury is attributable to ,a failure by Sunrise to exercise reasonable care. or (b) any lost profits.