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 5 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 Lease 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: Business Customer Agreement, 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, PST or you others were advised or aware of the possibility or likelihood of such damages or liability.

Appears in 2 contracts

Samples: Service Agreement, PST Broadband 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, 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: greenhills.net, greenhills.net

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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, Mobil Satellite Technologies 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 1 contract

Samples: www.mobilsat.com

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

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

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