Avoidable Sample Clauses

Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use; or
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Avoidable. If you could have avoided the loss by taking reasonable action. For example, damage to your own digital content or device, which was caused by the Apps and which you could have avoided by following our advice to apply a free update or by correctly following our instructions or having the minimum system requirements advised by us. • Business loss. If you use the Apps for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • Indirect or Consequential. We are not responsible for losses which are not directly caused by us breaking the terms of this Agreement, for example energy charges where you have used these services in relation to the Apps or any products provided by us. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (excluding third party installers with whom you engage directly) or for fraud or fraudulent misrepresentation. When we are liable for damage to your property. If defective digital content that we have supplied damages PolarESS hardware such as batteries or inverters or digital content belonging to you, and providing that the hardware on which you use the content has been installed and maintained correctly, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Limitations to the Apps and the Services. The Apps and the Services are provided for general information purposes only. The Apps and the Services do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the Apps or the Service. Although we make reasonable efforts to update the information provided by the Apps and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Check that the Apps and the Services are suitable for you. The Apps and the Services have not been develo...
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Avoidable. Your loss is something you could have avoided by taking reasonable action or by following our reasonable instructions. For example, if your lesson is cancelled because you are late and you do not give us a reasonable notice of your lateness.
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Related to Avoidable

  • Insolvency If Borrower becomes insolvent, or if an Insolvency Proceeding is commenced by Borrower, or if an Insolvency Proceeding is commenced against Borrower and is not dismissed or stayed within thirty (30) days (provided that no Credit Extensions will be made prior to the dismissal of such Insolvency Proceeding);

  • Unforeseen Circumstances Contractor is not responsible for any delay caused by natural disaster, war, civil disturbance, labor dispute or other cause beyond Contractor's reasonable control, provided Contractor gives written notice to County of the cause of the delay within 10 days of the start of the delay.

  • Bankruptcy Subject to Section 5(c), each Note Holder hereby covenants and agrees that only the Lead Securitization Note Holder has the right to institute, file, commence, acquiesce, petition under Bankruptcy Code Section 303 or otherwise or join any Person in any such petition or otherwise invoke or cause any other Person to invoke an Insolvency Proceeding with respect to or against the Mortgage Loan Borrower or seek to appoint a receiver, liquidator, assignee, trustee, custodian, sequestrator or other similar official with respect to the Mortgage Loan Borrower or all or any part of its property or assets or ordering the winding-up or liquidation of the affairs of the Mortgage Loan Borrower. Each Note Holder further agrees that only the Lead Securitization Note Holder, and not the Non-Lead Securitization Note Holder, can make any election, give any consent, commence any action or file any motion, claim, obligation, notice or application or take any other action in any case by or against the Mortgage Loan Borrower under the Bankruptcy Code or in any other Insolvency Proceeding. The Note Holders hereby appoint the Lead Securitization Note Holder as their agent, and grant to the Lead Securitization Note Holder an irrevocable power of attorney coupled with an interest, and their proxy, for the purpose of exercising any and all rights and taking any and all actions available to the Non-Lead Securitization Note Holder in connection with any case by or against the Mortgage Loan Borrower under the Bankruptcy Code or in any other Insolvency Proceeding, including, without limitation, the right to file and/or prosecute any claim, vote to accept or reject a plan, to make any election under Section 1111(b) of the Bankruptcy Code with respect to the Mortgage Loan, and to file a motion to modify, lift or terminate the automatic stay with respect to the Mortgage Loan. The Note Holders hereby agree that, upon the request of the Lead Securitization Note Holder, the Non-Lead Securitization Note Holder shall execute, acknowledge and deliver to the Lead Securitization Note Holder all and every such further deeds, conveyances and instruments as the Lead Securitization Note Holder may reasonably request for the better assuring and evidencing of the foregoing appointment and grant. All actions taken by the Servicer in connection with any Insolvency Proceeding are subject to and must be in accordance with the Servicing Standard.

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