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. 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. Sections 9-12 apply regardless of any failure of essential purpose of a limited remedy.
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 essential purpose of this provision is to limit the potential liability of the Parties arising from this Agreement, and allocate the risks under this Agreement between Developer and Customer consistent with the pricing charged, which reflects this allocation of risk and the limitation of liability specified herein.
Essential Purpose. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS SET FORTH IN THIS SECTION 9 SHALL APPLY REGARDLESS OF THE FORM OR ACTION OR THEORY OF LIABILITY AND EVEN IF A PARTY WAS ADVISED OF THE POSSIBILITY OF DAMAGES AND WHETHER DAMAGES WERE REASONABLY FORESEEABLE. THE PARTIES AGREE THAT THESE LIMITATIONS ARE ESSENTIAL COMPONENTS OF THIS AGREEMENT AND FORM THE BASIS FOR DETERMINING THE FEES CHARGED FOR THE SERVICES, AND THAT PROVIDER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO FAIL OF ITS ESSENTIAL PURPOSE.
