Sections 11 Sample Clauses

Sections 11. 1.1 and 11.1.2 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating to a particular process or product of a particular manufacturer specified by Owner or Design-Builder or (ii) arising from modifications to the Work by Owner or Design-Builder after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Design-Builder shall defend, indemnify and hold harmless Design-Build Subcontractor to the same extent Design-Build Subcontractor is obligated to defend, indemnify and hold harmless Design-Builder in Section 11.1.1 above.
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Sections 11. 1.2 and 11.1.3 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer required by City and not offered or recommended by Design-Builder to City and to which Design-Builder has objected in writing or (ii) arising from modifications to the Work by City or its agents after acceptance of the Work
Sections 11. 1 and 11.2 above set forth Supplier's sole obligation, and Customer's sole remedy, for any claim for infringement of any third person's proprietary or other rights. Supplier's obligations hereunder with respect to infringement of any third party's rights shall not apply where such claims arise from any alteration made to the Software Materials by any person other than Supplier, or from the use of the Software Materials on any computer other than the Designated Machine or in combination with software or hardware not supplied by Supplier, if such claim would not have arisen except for such alteration, use or combination.
Sections 11. 1 and 11.2 shall not apply to the following: (a) a Party’s obligation to indemnify the other for Claims in Article 10; (b) the costs of a recall set forth in Section 4.10; (c) either Party’s wrongful Medicis / Wellspring — Master Manufacturing Agreement termination of this Agreement or abandonment of the performance of its obligations under this Agreement or any Product Exhibit; (d) damages arising out of either Party’s gross negligence or intentional misconduct or intentional inaction under this Agreement; or (e) damages due to a Party’s breach of confidentiality.
Sections 11. 6 (a) and (b) will not apply in respect of [specify matters of US Law eg. OP Agreement?]
Sections 11. 10.1 and 11.10.2 of the Credit Agreement are deleted and replaced with the following:
Sections 11. 2.1 to 11.2.7 shall apply with respect to all subsequent terms and renewals of the Agreement, with the notice requirement under Sections 11.2.1 and 11.2.2 commencing no earlier than 120 days and not later than 60 days prior to the termination date of this Agreement, as renewed.
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Sections 11. 1 and 11.2 do not apply to any information that (i) is now, or subsequently becomes, through no act or failure to act on the part of receiving party (the "Receiver"), generally known or available; (ii) is known by the Receiver at the time of receiving such information, as evidenced by the Receiver's records; (iii) is subsequently provided to the Receiver by a third party, as a matter of right and without restriction on disclosure; or

Related to Sections 11

  • Sections 4 3.A.1 and 4.3.A.2 are hereby amended by deleting “Section 2.9.O” and inserting in place thereof “Section 2.9.P”.

  • Sections 1 A., 1.B., 1.C., 1.D., 1.E., 1.F., 1.G., 1.H., 1.I., 1.J. and 1.K. of this Amendment and the preparation and onboarding activities related to the Services (as defined in the Agreement), including those set forth in Section II of Schedule B6, shall be effective as of the date of this Amendment as set forth above.

  • Sections 3 08(a) and (c). References to the Serviced Loan Combination Collection Account shall be references to the Primary Servicer Serviced Loan Combination Collection Account. All insurance policies caused to be maintained by the Primary Servicer hereunder shall also name the Master Servicer (or Primary Servicer) as loss payee. Within forty-five (45) days after the Closing Date, the Primary Servicer shall forward to the Master Servicer a fully completed certificate of insurance in the form of Exhibit H attached hereto. Without limiting the generality of the obligations of the Primary Servicer hereunder, the Primary Servicer shall monitor and certify as to the status of insurance policies relating to the Serviced Loan Combination on a quarterly basis starting for the quarter ending in March of 2014, within 30 days of the end of such quarter as required by, and in the form of, Exhibit E attached hereto, pursuant to Section 3.01(c)(24) of this Agreement. The Primary Servicer shall promptly notify the Master Servicer of any Mortgaged Property that is not insured against terrorist or other similar acts. The Master Servicer or the Special Servicer shall make all determinations with respect to terrorism insurance matters required to be made under Section 3.08 of the Pooling and Servicing Agreement, and the Primary Servicer shall reasonably cooperate with the Master Servicer in connection therewith. The Master Servicer shall notify the Primary Servicer of any such determination.

  • Sections 2 05(a) and 2.05(b) are hereby amended and replaced in their entirety with the following:

  • Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67

  • Sections The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. The terms “this Agreement”, “hereof”, “hereunder” and similar expressions refer to this Agreement and not to any particular Section or other portion hereof and include any agreements supplemental hereto.

  • Sections 5 A3.b.1 and 5.A.3.b.2 shall not apply to Disability Retirements

  • Section 5 8. Unconditional Right of Holders to Receive Principal, Premium and Interest; Direct Action by Holders of Preferred Securities. .............................. 39 SECTION 5.9. Restoration of Rights and Remedies. .................................................... 40 SECTION 5.10. Rights and Remedies Cumulative. ....................................................... 40 SECTION 5.11. Delay or Omission Not Waiver. ......................................................... 40 SECTION 5.12. Control by Holders. ................................................................... 40 SECTION 5.13. Waiver of Past Defaults. .............................................................. 41 SECTION 5.14. Undertaking for Costs. ................................................................ 41 SECTION 5.15. Waiver of Usury, Stay or Extension Laws. .............................................. 42

  • Section 3 Trustee's Good Faith Action, Expert Advice, No Bond or Surety................................... 15 Section 4. Insurance..................................................... 15

  • Section 6 03. Limitation on Liability of the Depositor, the Seller, the Master Servicer and Others......................................................................................1 SECTION 6.04. Limitation on Resignation of Master Servicer................................................2

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