Excluded Claims means (a) a party’s breach of its obligations in Section 5 (Confidential Information) (but excluding obligations and/or claims relating to Customer Data); (b) either party’s express obligations under Section 11 (Indemnification); and (c) liability which, by law, cannot be limited.
Excluded Claims means (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful misconduct or gross negligence.
Excluded Claims has the meaning set forth in Section 1.09(b).
Examples of Excluded Claims in a sentence
To the fullest extent permitted by law, except for Excluded Claims (for which there shall be no cap on liability) or Special Claims (which are subject to the Enhanced Liability Cap set forth in Section 9(d)), neither party’s aggregate liability under this Agreement will exceed the greater of $100,000 or the amount paid by Customer to Ironclad during the twelve months prior to the event giving rise to liability.
More Definitions of Excluded Claims
Excluded Claims means any claim arising (a) from Customer’s breach of Section 5 (General Restrictions), Section 2.6 (Third Party Terms), or Section 10 (Confidential Information); or (b) under Section 3 (Customer Data).
Excluded Claims are causes of action or claims: (i) under Section 7 of the National Labor Relations Act, (ii) for representative actions under the California’s Private Attorneys’ General Act (“PAGA”), (ii) under the California Workers’ Compensation Act, (iv) for unemployment compensation benefits; (v) for benefits under a plan that is governed by the Employee Retirement Income Security Act of 1974, (vii) occurring after a Change in Control, and (viii) expressly prohibited from mandatory arbitration under applicable law. To the extent permitted by law, individual Claims under PAGA or Claims under California Labor Code section 558(a) are not Excluded Claims, and thereby are subject to arbitration pursuant to this Agreement.
Excluded Claims has the meaning assigned in Section 9.6(d).
Excluded Claims means the claims excluded from the definition of TRW Claimants as described in paragraph 26 of Appendix “C” to the Sixth Report.
Excluded Claims means any claims of any person or entity who or which timely and validly seeks exclusion from the Settlement Class or whose request for exclusion is accepted by the Court.
Excluded Claims means any dispute, claim or action concerning the validity, enforceability, infringement, misappropriation or violation of our intellectual property rights or those of our licensors and all such Excluded Claims shall be brought in any court of competent jurisdiction.
Excluded Claims shall have the meaning set forth in Section 2.12(c) hereof.