definiens: shall mean collectively, any and all damages, losses, assessments, awards, cause of actions, claims, charges, costs and expense ( including reasonable expenses ofinvestigationand reasonable attorneys ’ fees and expenses ), fines, judgments, liabilities, obligations orpenalties ; provided, however that Losses shall not include any lost profits or revenue orconsequential, punitive, special or incidental damages except ( a ) in the case of thePurchaser ’s Losses, the amount of the Purchaser ’s anticipated return on investment, at theassumed rate of return and over the assumed time period for realization of such return, on thebasis of which the Purchaser determined the Purchase Price it was willing to pay for thePurchased Royalty Interests, as certified by the Purchaser to the Seller and ( b ) any lost profitsor revenue or consequential, punitive, special or incidental damages awarded or payable by aPurchaser Indemnified Party to a Third Party in connection with a claim or action for which theSeller is required to indemnify the Purchaser pursuant to Section 8.05