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Accordingly, a consequential damages waiver will exclude any damages, other than direct damages, even if they are reasonably foreseeable because such damages are one or two links down the causal chain.
(d) Defenses. The employer may (i) avoid compensatory and punitive damages by presenting. mixed-motive defense; (ii) avoid punitive damages by presenting good-faith defense; or (iii). reduce punitive damages by presenting due process concerns.