Common use of No Limitation of Remedies Clause in Contracts

No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Content Participant Agreement, Content Provider Agreement or other Adopter Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 9 shall not constitute an election against any statutory or other extra-contractual remedy against Adopter, another Fellow Adopter, Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 2 contracts

Samples: Aacs Adopter Agreement, Aacs Adopter Agreement

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No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Content Participant Adopter Agreement, Content Provider Participant Agreement or other Adopter Content Provider Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 9 10 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content Provider, another Fellow Adopter, Content ParticipantProvider, or Content ProviderParticipant, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 2 contracts

Samples: Aacs Content Provider Agreement, Aacs Content Provider Agreement

No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Content Participant Adopter Agreement, Content Provider Agreement or other Adopter Content Participant Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 9 10 shall not constitute an election against any statutory or other extra-contractual remedy against an Adopter, Content Participant, another Fellow Adopter, Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 2 contracts

Samples: Aacs Content Participant Agreement, Aacs Content Participant Agreement

No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Agreement or any Content Participant Agreement, Content Provider Agreement or other Adopter Agreement, a Third Party Beneficiary’s exercise of its Third Party Beneficiary rights under this Section 9 shall not constitute an election against any statutory or other extra-contractual remedy against Adopter, another Fellow Adopter, Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.. For review only - Not for execution

Appears in 1 contract

Samples: Aacs Adopter Agreement

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No Limitation of Remedies. Notwithstanding anything else to the contrary contained in this Interim Agreement or any Content Participant Agreement, Content Provider Agreement or other Adopter Agreement, a Third Party Beneficiary’s 's exercise of its Third Party Beneficiary rights under this Section 9 shall not constitute an election against any statutory or other extra-contractual remedy against Adopter, another Fellow Adopter, Adopter or Content Participant, or Content Provider, as the case may be, such as an action for infringement of copyright, or patent, or an action for circumvention of an effective technological measure pursuant to the Digital Millennium Copyright Act, which may be available to the Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

Appears in 1 contract

Samples: Aacs Interim Adopter Agreement

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