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.
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 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.
