4Limitations. The Lien on Collateral granted hereunder and under the other Loan Documents is given as security only and shall not subject Agent or any Lender to, or in any way modify, any obligation or liability of Obligors relating to any Collateral. In no event shall any Obligor’s grant of a Lien under any Loan Document secure its Excluded Swap Obligations.
4Limitations. Nothing in this Agreement is intended to affect any other agreement by and among the NYISO, Connecting Transmission Owner and the Interconnection Customer, except as otherwise expressly provided herein.
4Limitations. The license granted herein allows use of the Licensed Marks only in connection with Products certified as set forth in Section 2.3 herein, and otherwise in accordance with the usage and advertising guidelines for the Licensed Marks (the “Usage Guidelines”) attached to this Agreement as Appendix B and as revised by Red Tomato and provided to Grower from time to time. Grower is not permitted to use the Licensed Marks other than in connection with the Products.
4Limitations. Notwithstanding any provision to the contrary contained in this Agreement or any of the documents executed by Seller pursuant hereto or in connection herewith, the maximum aggregate liability of Seller, and the maximum aggregate amount which may be awarded to and collected by Purchaser under this Agreement, including the exhibits and schedules hereto (including, without limitation, the breach of any representations, warranties, covenants and agreements contained herein) and under any and all documents executed pursuant hereto or in connection herewith for which a claim is timely made by Purchaser as provided under Section 5.3, except for the obligation to pay proration amounts contained in Section 4.4 and the obligation and indemnity contained in Section 8.1, shall not exceed One Million Two Hundred Fifty Dollars ($1,250,000) (the “Limitation Amount”). Further, the liability of Seller shall be limited to the assets of Seller, and in no event shall Purchaser seek satisfaction for any such liability form any of Seller’s partners, members, affiliates and subsidiaries, and their respective members, stockholders, directors, officers participants, employees, consultants, brokers and agents. This Section shall survive the Closing or earlier termination of this Agreement.
4Limitations. THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS ARTICLE 8 ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY EACH PARTY TO THE OTHER AND NEITHER PARTY MAKES ANY OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
4Limitations. Except as expressly provided in this Agreement, neither Party makes any representations or warranties, express or implied, either in fact or by operation of applicable law. Specifically, AbbVie makes no representation that, as of the License Entry Date, Coherus or its Sublicensees will be able to launch the Coherus Biosimilar Product. The Parties herein acknowledge that the ability of Coherus or its Sublicensees to launch the Coherus Biosimilar Product may be limited by (a) the FDA's failure to finally approve, or revocation of approval of, the Coherus Biosimilar Product; (b) the inability of Coherus or its Sublicensees to manufacture, package, and otherwise prepare a sufficient amount of the Coherus Biosimilar Product by the License Entry Date; or (c) other situations not currently within the Parties' contemplation. Without limiting any other provision of this Agreement, AbbVie therefore makes no warranty and no representation with respect to the actual date that the Coherus Biosimilar Product will be available for sale.
4Limitations. The following provisions of this Section 7.4 shall limit the indemnification obligations hereunder:
4Limitations. Nothing contained herein will restrict or impair, in any way, the right of Atara or Institute to use or disclose any of the other Party’s Confidential Information:
4Limitations. Nothing contained herein will restrict or impair, in any way, the right of the Licensee or Institute to use or disclose any of the other Party’s Confidential Information:
4Limitations. All Returns. Returns will be authorized provided the Product is contained within the Cypress Distributor Cost List and shall exclude devices listed as NCNR, devices with the letters “CS”, “CG” and “CP” as part of the marketing part number. The return of discontinued Products is acceptable only during specified time periods designated by the Cypress Distributor Cost List and associated memorandum that is supplied to the Distributor periodically.
