Common use of THE FOREGOING PROVISIONS OF THIS Clause in Contracts

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.

Appears in 3 contracts

Sources: Supply Agreement (Omnisky Corp), Supply Agreement (Omnisky Corp), Supply Agreement (Omnisky Corp)