Common use of Clarifications & Disclaimers Clause in Contracts

Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS Section 9 APPLY TO THE BENEFIT OF PROVIDER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT Platform LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Customer acknowledges and agrees that Provider has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Section 10 and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of the provisions of this Section, Provider’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Xxxxxxxx’s liability limits and other rights set forth in this Section 9 apply likewise to Provider’s affiliates, licensors, Providers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS Section 9 SECTION APPLY TO THE BENEFIT OF PROVIDERSUPPLIER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT Platform PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF PROVIDER Supplier IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Customer acknowledges and agrees that Provider Supplier has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Section 10 and that such terms form an essential basis of the bargain between the parties. If applicable law limits the application of the provisions of this Section, ProviderSupplier’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, XxxxxxxxSupplier’s liability limits and other rights set forth in this Section 9 apply likewise to ProviderSupplier’s affiliates, licensors, Providerssuppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS Section 9 ARTICLE 11 APPLY TO THE BENEFIT OF PROVIDER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY CONTRACTORS, AS WELL AS: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT Platform PRODUCT LIABILITY, OR OTHERWISE; , (cb) EVEN IF PROVIDER OPENCITIES IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (dc) EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Customer acknowledges and agrees that Provider has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Section 10 and that such terms form an essential basis of the bargain between the partiesNOTWITHSTANDING THE FOREGOING, THE LIABILITIES LIMITED BY THIS ARTICLE 11 SHALL NOT INCLUDE LIABILITY (i) UNDER THE INDEMNITY PROVIDED IN SECTION 10.1, (ii) FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, (iii) FOR DAMAGE TO TANGIBLE PERSONAL PROPERTY, OR (iv) FOR FRAUD OR WILLFUL MISCONDUCT. If applicable law limits the application of the provisions of this SectionArticle 11, Provider’s OpenCities’ liability will be limited to the maximum extent permissible. For the avoidance of doubt, Xxxxxxxx’s OpenCities’ liability limits and other rights set forth in this Section 9 Article 11 apply likewise to Provider’s OpenCities’ affiliates, licensors, Providerssuppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.