Common use of Failure of Essential Purpose Clause in Contracts

Failure of Essential Purpose. The limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 16 contracts

Samples: End User License Agreement, End User License Agreement, Software as a Service Agreement

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Failure of Essential Purpose. The parties have agreed that the limitations specified in this Section 10 9 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 7 contracts

Samples: Master License Agreement, Master License Agreement (Wintegra Inc), Master License Agreement (Alien Technology Corp)

Failure of Essential Purpose. The limitations specified in this Section 10 will 12 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 2 contracts

Samples: Collaboration Agreement (Response Biomedical Corp), Collaboration Agreement (Response Biomedical Corp)

Failure of Essential Purpose. The limitations specified in this Section 10 will Article 9 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 2 contracts

Samples: Transition Services Agreement (Penson Worldwide Inc), Transition Services Agreement (Penson Worldwide Inc)

Failure of Essential Purpose. The limitations specified in ---------------------------- this Section 10 will shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 2 contracts

Samples: Software License Agreement (Annuncio Software Inc), Software License Agreement (Annuncio Software Inc)

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 2 contracts

Samples: User Terms and Conditions, End User Agreement

Failure of Essential Purpose. The limitations specified in this Section 10 will Article 11 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 2 contracts

Samples: Master Services and Supply Agreement (Peoplepc Inc), Master Services and Supply Agreement (Peoplepc Inc)

Failure of Essential Purpose. The limitations specified in this Section 10 will 9 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 2 contracts

Samples: General Terms and Conditions, Services Agreement

Failure of Essential Purpose. The limitations specified in this Section 10 will ---------------------------- Article 11 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: License Agreement (Annuncio Software Inc)

Failure of Essential Purpose. The limitations specified in this Section Article 10 will shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: Supply Agreement (Dupont Photomasks Inc)

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Failure of Essential Purpose. The limitations specified in this Section 10 A.10 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: End User License Agreement

Failure of Essential Purpose. The limitations specified in this Section 10 will shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: License and Supply Agreement (Tripath Technology Inc)

Failure of Essential Purpose. The limitations specified in ------------------------------- this Section 10 will shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: Software License Agreement (Nettaxi Inc)

Failure of Essential Purpose. The limitations specified in ---------------------------- this Section 10 will ARTICLE 11 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: Hard Disk Drive Supply Agreement (Tivo Inc)

Failure of Essential Purpose. The limitations specified in this Section ARTICLE 10 will shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: Intellectual Property Transfer and License Agreement (Amkor Technology Inc)

Failure of Essential Purpose. The limitations specified in this Section ---------------------------- Article 10 will shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: License Agreement (Annuncio Software Inc)

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