Claims and Remedies. A. All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.
Claims and Remedies. This Agreement shall be governed by the laws of the State of New Jersey, both as to interpretation and performance, and any action at law, suit in equity or judicial proceeding for the enforcement or breach of this Agreement or any provision thereof shall be instituted and maintained in any State court of competent jurisdiction in the County of Xxxxxx, State of New Jersey.
Claims and Remedies. If the Server, DRAGEN Card, or DRAGEN Software do not meet the warranty provided in the Agreement (for the DRAGEN Software) or this Service Addendum (for Server or DRAGEN Card), Customer must contact Illumina through its customer support site as soon as reasonably practicable after the failure is discovered and will report to Illumina in detail how such Server, DRAGEN Card, or DRAGEN Software failed to comply with the warranty. Illumina will use commercially reasonable efforts, at its option, repair or replace non-conforming product that is covered by this warranty, provided that Illumina can reasonably identify and confirm such nonconformance. If Illumina is unable to correct the issue within thirty (30) days from the date Customer reports the issue to Illumina, Customer may terminate this Agreement and Illumina will refund the fee pre-paid by Customer to Illumina for access to the System from the termination date through the end of the Term, unless such issue was caused by Customer’s abuse of the System or due to Customer’s inability to access the internet or due to factors beyond Illumina’s reasonable control (i.e., and without limitation, natural disaster, war, acts of terrorism, or a power or network failure at Customer’s site. The foregoing shall be Customer’s sole and exclusive remedy and Illumina’s sole liability for any breach of any warranty.
Claims and Remedies. 7.1 Restrictions on bringing claims No party may bring any claim against a Company or Trustee for breach of this agreement without first obtaining the consent of CRG.
Claims and Remedies. Any termination of this Contract shall not relieve either party from the payment of any sum or sums that are due and payable under this Contract or any claim for damages then or thereafter accruing under this Contract. Any such termination shall not prevent either party from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages under this Contract. All rights, options, and remedies of either party contained in this Contract or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and either party shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Contract. No waiver of a breach of any of the covenants, conditions, or restrictions of this Contract shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained in this Contract. In the event of a Bank failure causing Bank to fail to honor all of the funds deposited with it as County Depository, then in such event, County shall have all rights and duties available at law, including, without limitation, the rights and duties of a secured creditor under Chapter 9 of the Texas Business and Commerce Code.
Claims and Remedies. 9.1 Except in cases of gross negligence or wilful misconduct, the Seller’s liability for nonconforming Products is exclusively limited, at the Seller’s option, to replacement of the defective Products or refund of the purchase price of such Products. For deliveries in excess or in shortage, the Buyer’s sole remedy shall be to take back the excess Products or to effect a new delivery at no additional cost for the Buyer.
9.2 Any claim for shortage or non-conforming Products must be made in writing to the Seller within five (5) days after Xxxxx’s receipt of the Product. Any claim for non-delivery of Product must be made within five (5) days after the date upon which the Product was to be delivered. As to any claim not reasonably discoverable within such five (5) day period (including claims discoverable only in processing, further manufacture, other use or resale), such claim must be in writing and received by the Seller within twenty (25) days after Xxxxx’s receipt of the Products. Failure of the Seller to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claim. Products may not be returned without the Seller’s permission and transportation for return will not be paid by the Seller unless authorised in advance.
9.3 No liability can be accepted for damage in transit unless the Buyer notifies the site from which the Products were ordered or the Buyer’s usual customer representative within 3 days of receipt of the Products and confirms by notification in writing within 7 days of receipt of the Products. Where the Seller is notified of the damage to the Products in accordance with this provision, the Seller shall repair or replace the Products at its sole option.
Claims and Remedies. Any claim for defect or variance in quality or shortage of quantity or a warranty claim under Section 4, shall be made no later than (i) for bulk product, 48 hours after delivery of the product and (ii) for packaged product, within a reasonable time period (in no event to exceed fifteen
Claims and Remedies. Any termination of this Contract shall not relieve either party from the payment of any sum or sums that are due and payable under this Contract or any claim for damages then or thereafter accruing under this Contract. Any such termination shall not prevent either party from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages under this Contract. All rights, options, and remedies of either party contained in this Contract or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and either party shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Contract. No waiver of a breach of any of the covenants, conditions, or restrictions of this Contract shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained in this Contract.
Claims and Remedies. Xxxxx’x failure to give notice of any claim within 5 days from the date of delivery will constitute an unqualified acceptance of Goods and a waiver by Buyer of all claims with respect to Goods.
Claims and Remedies not subject to Limitation
36.3.1 Nothing contained in this Agreement will restrict the Operator's liability for death or personal injury resulting from any act, omission or negligence of the Operator or the Staff.
36.3.2 Nothing contained in this Clause will limit the Operator’s liability for:
(a) fraud or fraudulent misrepresentation;
(b) any claim under the indemnities in Clause 29.5, Clause 26.1 and/or Clause 35.1.6;
(c) any claim under the employee provisions set out in Schedule 9 (Employees).
36.3.3 Nothing in this Clause 36 will affect the Authority's right to terminate this Agreement and/or any Services in accordance with this Agreement.
