Buyer acknowledges that all or part of the goods may be manufactured, assembled or otherwise worked on at any of RM's or its subcontractors' facilities, domestic and foreign.</p> <p>Notwithstanding anything to the contrary contained herein, RM shall not, under any circumstances, be liable to the Buyer or any third parties for consequential, incidental, special, punitive or exemplary damages whether in an action based on contract, tort (including negligence), breach of warranty or any other legal theory, arising out of or related to the transaction(s) contemplated hereunder, including but not limited to lost profits or loss of business, even if RM is apprised of the likelihood of such damages occurring.</p> <p>Under no circumstances shall RM's total liability of all kinds arising out of or related to the Agreement between RM and Buyer or otherwise (including but not limited to any warranty claims hereunder), whether based on contract, tort or otherwise, exceed the total amount paid by Buyer to RM hereunder for the goods or services actually giving rise to such liability (the amount of such liability to be determined as of the date of any final judgment in such action).</p> <p>