Common use of Failure of Essential Purpose Clause in Contracts

Failure of Essential Purpose. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN SECTION 8 OF THIS AGREEMENT (ENTITLED “LIMITATION OF LIABILITY”) SHALL APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Appears in 3 contracts

Samples: Services Agreement, End User Software License and Services Agreement, End User Software License and Services Agreement

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Failure of Essential Purpose. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 8 OF THIS AGREEMENT 11 (ENTITLED “LIMITATION OF LIABILITY) SHALL WILL SURVIVE AND APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: End User License Agreement

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Failure of Essential Purpose. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN SECTION 8 7.6 (“LIMITATION OF THIS AGREEMENT (ENTITLED “REMEDIES AND LIMITATION OF LIABILITY”) SHALL APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Appears in 1 contract

Samples: Patent License Agreement (Siyata Mobile Inc.)

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