Common use of Failure of Essential Purpose Clause in Contracts

Failure of Essential Purpose. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN SECTION 16 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER LICENSEE HAS ACCEPTED ANY SOFTWARE OR SERVICE UNDER THIS AGREEMENT.

Appears in 4 contracts

Samples: Customer Agreement Master Terms and Conditions, Customer Agreement, Customer Agreement Master Terms and Conditions

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Failure of Essential Purpose. THE PARTIES HAVE AGREED THAT THE ---------------------------- LIMITATIONS SPECIFIED IN SECTION SECTIONS 7 AND 16 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE PURPOSE, AND REGARDLESS OF WHETHER LICENSEE HAS ACCEPTED ANY LICENSED SOFTWARE OR SERVICE UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Agreement (Argosy Education Group Inc)

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