Independent Remedies. The exclusion of damages under Section 9 is independent of Organization’s exclusive remedy in Section 10 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 through 10 apply without regard to whether loss, liability, or damage arises from (i) breach of contract, (ii) breach of warranty, (iii) fault or tort, including negligence and misrepresentation, (iv) strict liability, or (v) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Appears in 3 contracts
Samples: Agreement Regarding, Agreement Regarding, Agreement Regarding
Independent Remedies. The exclusion of damages under Section 9 8 is independent of OrganizationMember’s exclusive remedy in Section 10 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 7 through 10 9 apply without regard to whether loss, liability, or damage arises from (ia) breach of contract, (iib) breach of warranty, (iiic) fault or tort, including negligence and misrepresentation, (ivd) strict liability, or (ve) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Appears in 1 contract
Samples: Bluetooth Assigned Number Agreement
Independent Remedies. The exclusion of damages under Section 9 8 is independent of Organization’s your exclusive remedy in Section 10 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 through 10 and 9 apply without regard to whether loss, liability, or damage arises arise from (ia) breach of contract, (iib) breach of warranty, (iiic) fault or tort, including negligence and misrepresentation, (ivd) strict liability, or (ve) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Appears in 1 contract
Samples: Bluetooth Special Interest Group