Common use of Application and Survival Clause in Contracts

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.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, At&t Mobility Price Schedule Amendment

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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 7 will survive failure of any exclusive remedies provided in this Agreement.

Appears in 1 contract

Samples: At&t Mobility Price Schedule Amendment

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 Sections 14-18 will survive failure of any exclusive remedies provided in this Agreement.

Appears in 1 contract

Samples: Pricing Schedule

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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 otherwise and whether damages were foreseeable and of whether a party was advised of the possibility of such damages foreseeable, and will apply so as to limit the liability of each party and its Affiliates Affiliates, and their respective employees, directors, subcontractors 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. 7. THIRD PARTY CLAIMS

Appears in 1 contract

Samples: Master Agreement

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