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 its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Viasat, Viasat’s Partners, or you were advised or aware of the possibility or likelihood of such damages or liability.

Appears in 6 contracts

Samples: Customer Agreement, Customer Agreement, Customer 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’s Partners, ViaSat or you 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 Purchase 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’s Partners, Viasat or you 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: Guantanamo Bay Business Customer Agreement, Guantanamo Bay 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, Viasat’s Partners, ViaSat or you 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: Service Agreement, 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, Viasat’s Partners, PST or you others were advised or aware of the possibility or likelihood of such damages or liability.

Appears in 2 contracts

Samples: Broadband Service Agreement, Customer Lease & Service 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’s Partners, Service Provider or you others were advised or aware of the possibility or likelihood of such damages or liability.

Appears in 1 contract

Samples: Broadband Wireless Subscriber Agreement

Applicability and Exceptions. The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Viasat, Viasat’s Partners, or you were advised or aware of the possibility or likelihood of such damages geos r y or liability.

Appears in 1 contract

Samples: Customer Agreement

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