Common use of Failure of Essential Purpose Clause in Contracts

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 6 contracts

Samples: Goodtime Subscription Terms and Conditions, Cappfinity Standard Terms, Standard Terms Agreement

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Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 12 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

Appears in 5 contracts

Samples: Terms of Service, Terms of Service, End User Agreement

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 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 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 11 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: Terms of Service, End User License Agreement

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 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: Saas Subscription Agreement, General Terms and Conditions

Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 14 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: Authorized Reseller Agreement

Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 14 are a reasonable allocation of risk and 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: Value Added Reseller Agreement (Who Vision Systems Inc /Fl)

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will 7 shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purposebe unenforceable.

Appears in 1 contract

Samples: Intellectual Property Licensing Agreement (ACI Global CORP)

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this Agreement is found to have failed havefailed of its essential purposeessentialpurpose.

Appears in 1 contract

Samples: Subscription Agreement

Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 13 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: Software License and Distribution Agreement (Talarian Corp)

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 will survive and apply even if any limited remedy specified in this the Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: Master Contract

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Failure of Essential Purpose. The parties agree have agreed that the limitations specified in this Section 8 7 will survive and apply even if any limited remedy specified in this the Agreement is found to have failed of its essential purpose.

Appears in 1 contract

Samples: License Agreement

Failure of Essential Purpose. The parties Parties agree that the limitations specified in this Section 8 11 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: Master Services Agreement

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 5 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: Software as a Service Agreement

Failure of Essential Purpose. The parties Parties agree that the limitations specified in this Section 8 will 5 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: Strategic Partnership Agreement (Mathstar Inc)

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 7 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: Terms of Service

Failure of Essential Purpose. The parties agree that the limitations specified in this Section 8 section 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 Agreement

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