Common use of Application of & Basis for Limitations Clause in Contracts

Application of & Basis for Limitations. THE LIABILITIES LIMITED BY THIS ARTICLE 9 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND (a) REGARDLESS OF THE THEORY OF LIABILITY; (b) REGARDLESS OF LIABILITY FOR NEGLIGENCE; (c) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (d) EVEN IF MIRRAKOI IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (e) EVEN IF LICENSEE’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 9, Mirrakoi’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Mirrakoi’s liability limits and other rights set forth in this Article 9 apply likewise to Mirrakoi’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

Application of & Basis for Limitations. THE LIABILITIES LIMITED BY THIS ARTICLE 9 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND (a) REGARDLESS OF THE THEORY OF LIABILITY; (b) REGARDLESS OF LIABILITY FOR NEGLIGENCE; (c) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (d) EVEN IF MIRRAKOI IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (e) EVEN IF LICENSEE’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 9, MirrakoiXxxxxxxx’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, MirrakoiXxxxxxxx’s liability limits and other rights set forth in this Article 9 apply likewise to MirrakoiXxxxxxxx’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.