Essential Purpose. THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BOTH PARTIES HEREUNDER SPECIFICALLY ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE REFLECTED IN THE PRICING.
Essential Purpose. Customer acknowledges that the terms in this Section (Limitations of Liability) are a bargained for reasonable allocation of the risk between the parties and will apply (a) to the maximum extent permitted by applicable law, and (b) even if an exclusive or limited remedy stated herein fails of its essential purpose.
Essential Purpose. Customer acknowledges that this Agreement in this Section 9 (Limitation of Liability) are an essential basis of the bargain described in this Agreement and that, were IronNet to assume any further liability, the fees payable under the Ordering Document would out of necessity, be set much higher. THE LIMITATIONS IN THIS SECTION 9 (LIMITATION OF LIABILITY) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Essential Purpose. The limitation of liability and exclusion of certain damages stated herein shall apply regardless of the failure of the essential purpose of any remedy. The parties specifically acknowledge that these limitations of liability are reflected in the pricing.
Essential Purpose. Customer acknowledges that the terms in this Section 9 (Limitations of Liability) shall apply to the maximum extent permitted by applicable law and shall apply even if an exclusive or limited remedy stated herein fails of its essential purpose.
Essential Purpose. Sections 9-12 apply regardless of any failure of essential purpose of a limited remedy.
Essential Purpose. The Leased Property and the financing of the QZAB Program pursuant to this Lease are essential to the District’s efficient and economic operation, serve an essential governmental function of the District and are in the best interests of the District.
Essential Purpose. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
Essential Purpose. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE AMOUNTS PAYABLE UNDER THIS AGREEMENT HAVE BEEN ESTABLISHED BASED UPON THE LIABILITY LIMITATIONS ESTABLISHED ABOVE, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY.
Essential Purpose. The limitations set forth in this Section 16.2 shall apply even if this Agreement or any limited remedy specified herein is found to have failed of its essential purpose. These limitations are integral to the calculation of fees in connection with the license of the Zoneomics Services, and were Zoneomics to assume any further liability, such consideration would out of necessity have been substantially increased.
