Survival of Certain Provisions The covenants and agreements set forth in Section 4.1, Section 4.2 and Section 5.2 shall survive the Termination of the Company.
Exclusion of Certain Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Survival of Covenants Except as expressly set forth in this Agreement or any Ancillary Agreement, the covenants, representations and warranties contained in this Agreement and each Ancillary Agreement, and Liability for the breach of any obligations contained herein, shall survive the Separation and the Distribution and shall remain in full force and effect.
Survival of Covenants, Etc All covenants, agreements, representations and warranties made herein, in the Notes, in any of the other Loan Documents or in any documents or other papers delivered by or on behalf of the Borrower or the Guarantors or any of their respective Subsidiaries pursuant hereto or thereto shall be deemed to have been relied upon by the Lenders and the Agent, notwithstanding any investigation heretofore or hereafter made by any of them, and shall survive the making by the Lenders of any of the Loans, as herein contemplated, and shall continue in full force and effect so long as any amount due under this Agreement or the Notes or any of the other Loan Documents remains outstanding or any Letters of Credit remain outstanding or any Lender has any obligation to make any Loans or issue any Letters of Credit. The indemnification obligations of the Borrower provided herein and in the other Loan Documents shall survive the full repayment of amounts due and the termination of the obligations of the Lenders hereunder and thereunder to the extent provided herein and therein. All statements contained in any certificate delivered to any Lender or the Agent at any time by or on behalf of the Borrower, any Guarantor or any of their respective Subsidiaries pursuant hereto or in connection with the transactions contemplated hereby shall constitute representations and warranties by such Person hereunder.
Survival of Provisions The obligations contained in this Section 11 shall survive the termination or expiration of the Executive’s employment with the Company and shall be fully enforceable thereafter.
Disclaimers; Limitation of Liability 3.1. Section 7.1 of the MSA shall be deleted and replaced with the following: “7.1
Disclaimer of Warranties; Limitation of Liability 6.1 SEPARATE EQUIPMENT WARRANTY; DISCLAIMER OF WARRANTIES. YOU AGREE TO USE ONLY SATELLITE COMMUNICATIONS EQUIPMENT THAT GLOBALSTAR HAS APPROVED FOR USE IN THE GLOBALSTAR SYSTEM. THE EQUIPMENT MUST BEAR AN FCC CERTIFICATION NUMBER OR OTHER INDICATION OF TYPE CERTIFICATION FROM THE REGULATORY AUTHORITY OF THE COUNTRY WHERE YOU OBTAINED THE EQUIPMENT. THE SEPARATE EQUIPMENT WARRANTY, IF ANY, ACCOMPANYING THE TERMINAL OR OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE PROVIDED BY THE MANUFACTURER OR SUPPLIER OF THE TERMINAL OR EQUIPMENT IS THE ONLY WARRANTY PROVIDED IN RELATION TO SUCH TERMINAL OR OTHER EQUIPMENT, AND YOUR REMEDIES FOR ANY AND ALL WARRANTY CLAIMS WITH RESPECT TO THE TERMINAL AND ALL OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE ARE LIMITED TO THOSE PROVIDED IN THE SEPARATE EQUIPMENT WARRANTY. NOTHING IN THE AGREEMENT SHALL BE INTERPRETED AS A WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY TERMINAL OR OTHER EQUIPMENT USED BY YOU IN CONNECTION WITH THE GLOBALSTAR SERVICE, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ANY SUCH TERMINAL OR OTHER EQUIPMENT IS AT YOUR SOLE RISK OTHER THAN SUCH SEPARATE EQUIPMENT WARRANTY. EXCEPT AS SPECIFIED IN THE SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA, IF ANY, GUSA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR ANY TERMINAL OR EQUIPMENT USED IN CONNECTION WITH THE GLOBALSTAR SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUCH TERMINAL OR EQUIPMENT, OR ANY WARRANTIES THAT ANY SUCH TERMINAL OR EQUIPMENT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT ANY SUCH TERMINAL OR EQUIPMENT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GUSA OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SEPARATE EQUIPMENT WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE GLOBALSTAR WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY GLOBALSTAR, GUSA OR THEIR AFFILIATES. GLOBALSTAR, GUSA AND THEIR AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION. THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SEPARATE EQUIPMENT WARRANTY, IF ANY, GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, GUSA LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE SEPARATE EQUIPMENT WARRANTY FOR THE APPLICABLE PRODUCT. THE TERMS AND CONDITIONS OF ANY SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA OR ANOTHER MANUFACTURER OR SUPPLIER MAY BE UPDATED AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED IN ANY SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA, THEN THE TERMS CONTAINED IN THE SEPARATE EQUIPMENT WARRANTY PROVIDED BY GUSA SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT.
