enforceable
provision, that achieves, to the greatest lawful extent under this Note, the
economic, business and other purposes of such invalid, illegal or unenforceable
provision.
(e)
Limitation of Liability.
IN NO EVENT WILL NEXMED HAVE ANY
LIABILITY ARISING HEREUNDER OR IN CONNECTION HEREWITH TO ANY PARTY OR OTHER
PERSON FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, COLLATERAL OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF WHETHER SUCH
PARTY OR PERSON WILL BE ADVISED, WILL HAVE OTHER REASON TO KNOW, OR IN FACT WILL
KNOW OF THE POSSIBILITY OF THE FOREGOING.
In Witness Whereof, the undersigned has executed this Promissory Note as of the
date set forth above.
NexMed, Inc., a Nevada corporation
By:
Name:
Title:
3