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 of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if DISH or your Supplier or others (including, without limitation, the Service Providers) 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, but only to the extent such states prohibit such exclusions. In addition, these exclusions and limitations may not apply to with respect to the limited warranty or service plan(s) (if any) you may have with DISH in connection with the Service.

Appears in 3 contracts

Samples: Internet Agreement, High Speed Internet Agreement, High Speed Internet 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 DISH or your Supplier ViaSat or others (including, without limitation, the Service Providers) 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, but only to the extent such states prohibit such exclusions. In addition, these exclusions and limitations may do not apply to with respect to the limited warranty or service plan(s) (if any) you may have with DISH in connection with the Service.

Appears in 2 contracts

Samples: Internet Upgrade Agreement, Internet 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 DISH or your Supplier or others (including, without limitation, the Service ProvidersPartners) 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, but only to the extent such states prohibit such exclusions. In addition, these exclusions and limitations may do not apply to with respect to the limited warranty or service plan(s) (if any) you may have with DISH in connection with the Service.

Appears in 2 contracts

Samples: High Speed Internet Agreement, Dish High Speed Internet 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 DISH or your Supplier or others (including, without limitation, the Service Providers) 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, but only to the extent such states prohibit such exclusions. In addition, these exclusions and limitations may not apply to with respect to the limited warranty or service plan(s) (if any) you may have with DISH in connection with the Service.

Appears in 1 contract

Samples: Fixed Wireless High Speed Internet Trial Agreement

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