THE FOREGOING PROVISIONS OF THIS Clause Samples
The clause titled "THE FOREGOING PROVISIONS OF THIS" serves to reference and incorporate all the terms and conditions that have been stated earlier in the document or section. In practice, this phrase is often used to clarify that any subsequent statements, exceptions, or limitations apply specifically to the provisions that precede it, rather than the entire agreement. For example, it might be used to limit liability, clarify obligations, or specify the scope of a waiver in relation to previously mentioned terms. Its core function is to ensure precision and avoid ambiguity by clearly tying new language to earlier provisions, thereby preventing misinterpretation or overextension of the clause's effect.
THE FOREGOING PROVISIONS OF THIS. SECTION 10.1 ---------------- STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF NTI, AND THE EXCLUSIVE REMEDY OF OEM, WITH RESPECT TO THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE TVS SOFTWARE.
THE FOREGOING PROVISIONS OF THIS. ARTICLE 7(a) and 7(b) STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF TELLUS AND THE EXCLUSIVE REMEDY OF OMNISKY AND ITS CUSTOMERS, WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF PROPRIETARY RIGHTS, INCLUDING BUT NOT LIMITED TO ANY PATENT, COPYRIGHT, TRADEMARK, BY THE PRODUCT OR ANY PART THEREOF. TELLUS'S OBLIGATIONS UNDER THIS ARTICLE 7 ARE SUBJECT TO THE LIMITATIONS SET FORTH IN ARTICLE 8.
THE FOREGOING PROVISIONS OF THIS. ARTICLE 10 STATE THE ---------- ENTIRE LIABILITY AND OBLIGATIONS OF GENESYS, AND THE EXCLUSIVE REMEDY OF ALL INDEMNIFIED PARTIES, WITH RESPECT TO ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT BY THE LICENSED SOFTWARE OR ANY PART THEREOF OR ANY WARRANTY OR REPRESENTATION RELATED THERETO."
THE FOREGOING PROVISIONS OF THIS. ARTICLE 10 AND ARTICLE 11
THE FOREGOING PROVISIONS OF THIS. SECTION 8.1 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF LICENSOR AND THE EXCLUSIVE REMEDY OF LICENSEE, WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF ANY ALLEGED PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT IN THE LICENSED TECHNOLOGY OR ANY PART THEREOF.
THE FOREGOING PROVISIONS OF THIS. ARTICLE 11 STATE ---------------- THE ENTIRE LIABILITY AND OBLIGATIONS OF LUMINEX AND THE EXCLUSIVE REMEDY OF BIO- RAD WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF PATENT RIGHTS, TRADE SECRETS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE STANDARD BEADS, MAGNETIC BEADS OR LUMINEX100 SYSTEM.
THE FOREGOING PROVISIONS OF THIS. SECTION 12 STATE THE ENTIRE LIABILITY AND OBLIGATION (EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH CE MANUFACTURER OR OTHERWISE) OF CE MANUFACTURER AND THE EXCLUSIVE REMEDY OF WINK WITH RESPECT TO ANY CLAIMS BROUGHT AGAINST WINK ARISING FROM CE MANUFACTURER'S USE OF THE LICENSED ENGINE PRODUCT OR EXERCISE OF THE RIGHTS AND LICENSES GRANTED TO CE MANUFACTURER HEREUNDER.
THE FOREGOING PROVISIONS OF THIS. SECTION 13 STATE ---------------- THE ENTIRE LIABILITY AND OBLIGATION OF LYNX AND THE EXCLUSIVE REMEDY OF DISTRIBUTOR AND ITS CUSTOMERS, WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE, SOFTWARE COPIES OR ANY PART THEREOF.
THE FOREGOING PROVISIONS OF THIS. SECTION 8 STATE THE ---------- ENTIRE LIABILITY AND OBLIGATIONS OF CHEMDEX AND PROMEDIX HEREUNDER AND THE EXCLUSIVE REMEDY OF NEWCO, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED TECHNOLOGY.
THE FOREGOING PROVISIONS OF THIS. SECTION 10.1 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF COMPANY AND THE EXCLUSIVE REMEDY OF LICENSEE AND ITS LICENSEES, WITH RESPECT TO ANY VIOLATION OR INFRINGEMENT OF PROPRIETARY RIGHTS, INCLUDING BUT NOT LIMITED TO ANY PATENT, COPYRIGHT, TRADEMARK, WHETHER KNOWN OR UNKNOWN, BY THE LICENSED TECHNOLOGY OR ANY PART THEREOF. COMPANY'S OBLIGATIONS UNDER THIS SECTION 10.1 ARE SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 11.