Claims and Remedies not subject to Limitation Sample Clauses

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.
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Claims and Remedies not subject to Limitation. Nothing contained in this Agreement will restrict either Party's liability for death or personal injury resulting from any act, omission or negligence of that Party or its officers, agents or employees. Nothing contained in this Clause will limit the Service Provider’s liability for: fraud or fraudulent misrepresentation committed by the Service Provider or the Service Provider Personnel; any claim under Schedule 7 (Employees); losses of Deposits; or liabilities to pay Deposits where such liabilities are or should be covered by a policy of insurance held by the Service Provider (including pursuant to Schedule 22 (Scheme Insurance)).

Related to Claims and Remedies not subject to Limitation

  • When Rights and Remedies Not Waived In no event shall the making by Triumph of any payment to Grantee constitute or be construed as a waiver by Triumph of any breach of covenant or any default which may then exist, on the part of Grantee, and the making of such payment by Triumph while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to Triumph with respect to such breach or default.

  • Rights and Remedies Cumulative Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities in the last paragraph of Section 306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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