Common use of Applicability and Exceptions Clause in Contracts

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 5 contracts

Samples: Customer Agreement, Customer Agreement, Customer Lease Agreement

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Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat Viasat, Viasat’s Partners, or others you were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 5 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat Viasat or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 3 contracts

Samples: Business Customer Agreement, Business Customer Agreement, Customer Agreement

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat PST or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 2 contracts

Samples: Service Agreement, PST Broadband Service Agreement

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat or Green Hills or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 2 contracts

Samples: greenhills.net, greenhills.net

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Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat Mobil Satellite Technologies or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 1 contract

Samples: www.mobilsat.com

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat or others were advised or aware of the possibility or likelihood of such damages Viasat, Viasat’s Partners, geos r y or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 1 contract

Samples: Customer Agreement

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if ViaSat Service Provider or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Appears in 1 contract

Samples: Broadband Wireless Subscriber Agreement

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