Common use of Australia Clause in Contracts

Australia. If you are located in Australia, references to “the Applicable Law” contained in Sections 6.2, 8.4 and 13.4 shall be replaced by references to “the Applicable Law and subject to Section 8.6”. A new Section 8.6 is added as follows: Non-Excludable Provisions. Nothing in this DSA excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by legislation that cannot lawfully be excluded or limited, including, to the extent applicable under the Australian Consumer Law in the Competition and Consumer Xxx 0000 (Cth) (a "Non-Excludable Provision"). To the maximum extent permitted by law, our entire liability for breach of a Non- Excludable Provision in relation to this DSA is limited to, at our option, resupplying the Services or paying the cost of having the Services resupplied.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

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Australia. If you are located in Australia, references to the « Applicable Law» contained in Sections 6.2, 8.4 and 13.4 shall be replaced by references to the «Applicable Law and subject to Section 8.6». A new Section 8.6 is added as follows: Non-Excludable Provisions. Nothing in this DSA DSMA excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by legislation that cannot lawfully be excluded or limited, includinginclud- ing, to the extent applicable under the Australian Consumer Law in the Competition and Consumer Xxx 0000 (Cth) (a "Non-Non- Excludable Provision"). To the maximum extent permitted by law, our entire liability for breach of a Non- Non-Excludable Provision Provi- sion in relation to this DSA DSMA is limited to, to (at our option, resupplying the ) re- supplying Services or paying the cost of having the Services resuppliedresup- plied.

Appears in 2 contracts

Samples: Services Master Agreement, Services Master Agreement

Australia. If you are located in Australia, references to the the Applicable Law” contained in Sections 6.2, 8.4 and 13.4 shall be replaced re-placed by references to the the Applicable Law and subject to Section 8.6”. A new Section 8.6 is added as follows: Non-Excludable Provisions. Nothing in this DSA excludesDSMA ex-cludes, restricts or modifies any right or remedy, or any guaranteeguar-xxxxx, warranty or other term or condition, implied or imposed im-posed by legislation that cannot lawfully be excluded or limited, including, to the extent applicable under the Australian Austral-ian Consumer Law in the Competition and Consumer Xxx 0000 (Cth) (a "Non-Excludable Provision"). To the maximum extent permitted by law, our entire liability for breach of a Non- Excludable Provision in relation to this DSA DSMA is limited to, at our option, resupplying the Services or paying the cost of having the Services resupplied.

Appears in 1 contract

Samples: Matter and Scope

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Australia. If you are located in Australia, references to the « Applicable Law» contained in Sections 6.2, 8.4 and 13.4 shall be replaced by references to the «Applicable Law and subject to Section 8.6». A new Section 8.6 is added as follows: Non-Excludable Provisions. Nothing in this DSA DSMA excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by legislation that cannot lawfully be excluded or limited, includinginclud- ing, to the extent applicable under the Australian Consumer Law in the Competition and Consumer Xxx 0000 Act 2010 (Cth) (a "Non-Non- Excludable Provision"). To the maximum extent permitted by law, our entire liability for breach of a Non- Non-Excludable Provision Provi- sion in relation to this DSA DSMA is limited to, to (at our option, resupplying the ) re- supplying Services or paying the cost of having the Services resuppliedresup- plied.

Appears in 1 contract

Samples: Services Master Agreement

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