definiens: shall mean with respect to such indirect, incidental, con sequential or punitive damages owed by either Party to the other, an amount equal to [ * * * ] of the aggregate Minimum Net Sales for Years 1 through 5 as stated in Section 7.2, except with res pect to such indirect, incidental, consequential or punitive damages owed by Orion to USL arising from or related to any failure to deliver or suspension of delivery of Product by Orion in conne ction with a claim that the Product infringes a Third Party ’s intellectual property rights, in whic h case the shall equal [ * * * ] of the aggregate Minimum Net Sales for Years I thr ough 5 as stated in Section 7.2 . In addition, any claim by Orion for Sh ortfall Royalties shall be deemed a claim for consequential damages ( rather than direct damages )