16. LIMITATION OF LIABILITY
NEITHER PSI NOR AL-MERRI SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAYS OTHER THAN DUE TO ITS FAULT IN PERFORMANCE OR IN THE DELIVERY OF THE PRODUCTS.
IN NO EVENT SHALL PSI BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY SIMILAR DAMAGES, OR FOR LOSS OF PROFITS, EVEN IF PSI HAS BEEN INFORMED OF THE POSSIBILITY OF LOSS OR INJURY OF THE TYPE INCURRED. IN ANY AND ALL CASES, THE LIMIT OF PSI'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE THE TOTAL OF PSI'S SALES TO AL-MERRI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM RESULTING IN LIABILITY.