8. MUTUAL LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY OR CONSULTANT BE LIABLE FOR ANY SPECIAL,INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMPANY OR CONSULTANT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
(l)Mutual Limitation of Liability. Neither party shall be liable to the other for any consequential, special or punitive damages for any act or failure to act under any provision of this Agreement, even if advised of the possibility thereof; provided that nothing contained in this Section 16(l) shall limit the Fund’s indemnification obligations under this Agreement to the extent such consequential, special or punitive damages are included in any third party claim in connection with which the Custodian is otherwise entitled to indemnification hereunder.