Common use of Applicability of Liability Limitations Clause in Contracts

Applicability of Liability Limitations. XXX and SRP intend -------------------------------------- that the waivers and disclaimers of liability, releases from liability, exclusive remedy provisions, and (except as expressly stated to the contrary therein) indemnity and hold harmless provisions expressed throughout this Agreement shall apply even in the event of the fault, negligence (in whole or in part), strict liability, or breach of contract of the party released or whose liability is waived, disclaimed, limited, apportioned or fixed by such exclusive remedy provision, or who is indemnified or held harmless, and shall extend to their respective Affiliates and its and their partners, directors, officers, employees and agents. XXX and SRP also intend and agree that such provisions shall continue in full force and effect notwithstanding the completion, termination, suspension, cancellation or rescission of this Agreement, or termination of the rights and privileges granted by this Agreement. No officer, director, employee, agent or other individual representative of either XXX or SRP shall be personally responsible for any liability arising under this Agreement.

Appears in 2 contracts

Samples: Optical Fiber Lease Agreement (Electric Lightwave Inc), Optical Fiber Lease Agreement (Electric Lightwave Inc)

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Applicability of Liability Limitations. XXX and SRP intend -------------------------------------- that the The waivers and disclaimers of liability, releases from liability, exclusive remedy provisions, and (except as expressly stated to the contrary therein) indemnity and hold harmless provisions expressed throughout this Agreement shall shall: (a) apply even in the event of the fault, negligence (in whole or in part), strict liability, or breach of contract of the party released or whose liability is waived, disclaimed, limited, apportioned or fixed by such exclusive remedy provision, or who is indemnified or held harmless, ; and shall (b) extend to their respective Affiliates and its and their partnersthe Affiliates, parent corporations, directors, officers, employees and agentsagents of both FOCAS and XXX. XXX and SRP also intend and agree that such Such provisions shall continue in full force and effect notwithstanding the completion, termination, suspension, cancellation or rescission of this Agreement, or termination of the rights and privileges granted by this Agreement. No parent corporation, officer, director, employee, agent or other individual representative of either FOCAS or XXX or SRP shall be personally responsible for any liability arising under this Agreement.

Appears in 1 contract

Samples: Completion Agreement (Electric Lightwave Inc)

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Applicability of Liability Limitations. XXX and SRP intend -------------------------------------- that the The waivers and disclaimers of liability, releases from liability, exclusive remedy provisions, and (except as expressly stated to the contrary therein) indemnity and hold harmless provisions expressed throughout this Agreement shall shall: (a) apply even in the event of the fault, negligence (in whole or in part), strict liability, or breach of contract of the party released or whose liability is waived, disclaimed, limited, apportioned or fixed by such exclusive remedy provision, or who is indemnified or held harmless, ; and shall (b) extend to their respective Affiliates and its and their partnersthe Affiliates, parent corporations, directors, officers, employees and agentsagents of both FOCAS and ELI. XXX and SRP also intend and agree that such Such provisions shall continue in xx full force and effect notwithstanding the completion, termination, suspension, cancellation or rescission of this Agreement, or termination of the rights and privileges granted by this Agreement. No parent corporation, officer, director, employee, agent or other individual representative of either XXX FOCAS or SRP ELI shall be personally responsible for any fox xny liability arising under this Agreement.

Appears in 1 contract

Samples: Installation Agreement (Electric Lightwave Inc)

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