Application and Survival Sample Clauses
The "Application and Survival" clause defines which provisions of an agreement will continue to be effective after the contract has ended or been terminated. Typically, this clause specifies that certain obligations—such as confidentiality, indemnification, or dispute resolution—remain binding on the parties even after the main contractual relationship concludes. By clearly identifying which terms survive, the clause ensures that essential rights and responsibilities persist as needed, thereby preventing ambiguity and protecting the parties' interests beyond the contract's duration.
Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement.
Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Contract will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors, subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 8 will survive failure of any exclusive remedies provided in this Contract.
19. Appendix A, Section 9, Contract Enforcement, B. Termination, 1) Termination for Non-Appropriation, is hereby restated in it entirety as follows: By executing the Purchase Order or Service Agreement, Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through the end of Customer’s current fiscal period. In the event Customer is unable to obtain the necessary appropriations or funding for the Services provided under the Purchase Order or Service Agreement, Customer may terminate the Purchase Order or Service Agreement without liability for the termination charges set forth in Section 9.B.9. Customer must provide AT&T thirty (30) days’ written notice of its intent to terminate the Purchase Order or Service Agreement. Termination of the Purchase Order or Service Agreement for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If, after the first fiscal year in which a particular Service acquired hereunder is installed, funds are not appropriated to continue paying for that particular Service in a subsequent fiscal year or universal service discounts are not received to enable Customer to pay for that particular Service in a subsequent fiscal year, then Customer may terminate that particular Service as of the last day for which funds were appropriated or universal service discounts were received (“Date of Termination”), without being subject to termination charges set forth in the applicable Service Agreement; provided, however; that Customer shall be obligated to pay all charges incurred through the Date of Termination. Customer will make reasonable effort to notify Vendor thirty (30) days before the end of available appropriations; however, failure to do so will not subject customer to liability beyond the available appropriation.
20. Appendix A, Section 9, Contract Enforcement, B. Te...
Application and Survival. The disclaimers of warranties and liabilities, and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a Party was advised of the possibility of such damages, and will also apply so as to limit the liability of each Party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The disclaimers of warranties and liabilities, and limitations of liability set forth in this Section 10 (Limitations of Liability and Disclaimers) will survive failure of any exclusive remedies provided in this Agreement.
Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Contract will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a Party was advised of the possibility of such damages and will apply so as to limit the liability of each Party their respective employees, agents, directors, subcontractors and suppliers.
Application and Survival. The limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a Party was advised of the possibility of such damages and will apply so as to limit the liability of each Party and its Affiliates and their respective employees, directors, subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 8 will survive failure of any exclusive remedies provided in this Agreement. TAMUS agrees to this entire Section 8 to the extent permitted by the Constitution and laws of the State of Texas.