Claims Limitation. Any claim, action, or proceeding alleging breach of warranty, tort, negligence, misrepresentation, strict or product liability, or overpayment of any amounts due or paid under this Agreement (collectively the “Limited Claims”) must be filed with a competent court or body within one (1) year of the termination or expiration of this Agreement, unless a shorter time period is otherwise specified in this Agreement. Any Limited Claims that are not brought within the applicable time period shall be forever barred, without regard to any other limitations period set forth by law or statute.
Claims Limitation. The total claims limitation under this Contract is the original purchase price of Your Product minus sales tax, claims paid, delivery and installation. During the term of the Contract We may elect, at Our option, to buyout the Contract for the original purchase price of the covered Product minus claims paid, less sales tax, delivery and installation, or replace the Product with a comparable Product. Technological advances may result in a replacement Product with a lower selling price than the original Product. In the event We reimburse You or replace the Product We shall have satisfied all obligations under this Contract and the covered Product becomes the property of Service Net and We may, at Our discretion, require the Product to be returned to Us (or Our designee) at Our expense.
Claims Limitation. No claims may be made for replacement or repair of personal property, used in the course and scope of his/her work, valued at less than ten ($10) dollars.
Claims Limitation. To the maximum extent permitted by law, Licensee expressly, knowingly and voluntarily agrees that any and all lawsuits, causes of action and/or claims against Keysight and/or its affiliates shall be forever waived, barred and released unless properly brought and filed in a court of competent jurisdiction within one (1) year from the date upon which said lawsuit, cause of action or claim accrued.
Claims Limitation. Total Claims for Services provided under this Contract shall be limited to the retail price You paid for Your Product minus sales tax and delivery and installation charges. During the Term of this Contract, We may elect, at Our option and in lieu of performing Repair Service, to either replace the Product with a product with equivalent specifications or provide a cash settlement, in either case for an amount not to exceed the retail price You paid for Your Product minus sales tax, Claims paid, and delivery and installation charges. In the event that the retail price You paid for Your Product is not available, such limit will be, as determined by Us, the current market value of the Product or a product with equivalent specifications. In the event We buy out the Contract or replace the Product as set forth in this section, all contractual obligations under this Contract shall have been fulfilled.
Claims Limitation. (a) The Purchaser specifically agrees that the Seller shall not have any liability or obligation for any Damages under this Agreement unless: (i) the aggregate amount of all such Damages exceeds $2,000,000 and then only for the amount of such Damages in excess of $1,000,000; and (ii) notice of the claim for such Damages shall have been given to the Seller prior to the end of the survival period for such claim.
(b) The limitation contained in subsection (i) of Section 10.5(a) shall not apply to Damages arising under Sections 3.2, 3.4, 3.11, 3.14 or 10.1 of this Agreement.
(c) The Seller shall not be liable or obligated for any Damages under this Agreement (other than in respect of Damages arising under Section 3.4, 3.11, 3.14 or 10.1) that, together with all other Damages for which the Seller is liable or obligated under this Agreement, exceed $60,000,000. The Seller shall not be liable or obligated for any Damages under this Agreement as a result of a breach of Section 3.4 or 3.14 that, together with all other Damages for which the Seller is liable or obligated under this Agreement, exceed the amount of the Consideration.
Claims Limitation. Idearc shall submit Claims for Services not later than two (2) years of the xxxx date unless otherwise provided by tariff or Applicable Law. Service is considered rendered when the PAR report is submitted to Idearc. No Claims may be made under this Agreement or referred to the dispute resolution procedures set forth in Section 19 more than two (2) years after the xxxx date of the Ancillary Xxxx or the PAR report date. Failure to make such Claim within two (2) years shall bar any course of action before a judicial or regulatory body unless otherwise provided by tariff or Applicable Law. Claims for indemnity under this Agreement shall not be limited by the two (2) year limitation provided, but shall be governed by the appropriate statute of limitation.
Claims Limitation the Settlement System Administrator shall not be liable in respect of any breach of this Clause 39 unless:-
(i) a breach in respect of the New Software is notified to the Executive Committee or the Executive Committee becomes aware of such breach within 12 months after the date upon which such New Software is accepted by or on behalf of the Executive Committee; and
(ii) details of any claim to be made in respect of such breach are given to the Settlement System Administrator within 3 months after the Executive Committee is notified or otherwise becomes aware of such breach.
Claims Limitation. Notwithstanding the foregoing provisions of this ARTICLE 10, Chaswil shall not have any liability for any Damages under SECTION 10.3 hereof, except for Damages under SECTION 10.3(A)(II) and Damages resulting from or relating to any misrepresentation or breach of warranty contained in SECTION 3.4 OR 3.14 or any nonfulfillment of or failure to perform any covenant or agreement on the part of Chaswil contained in ARTICLE 5 of this Agreement or any certificate delivered by or for Chaswil pursuant to SECTION 7.3 hereof, until and unless the cumulative total of such Damages exceeds in the aggregate $50,000, it being understood that after such Damages exceed in the aggregate $50,000, Chaswil shall be liable to Citizens for all Damages without regard to any minimum amount, PROVIDED, HOWEVER, that the limitations of this SECTION 10.6 shall not apply to any Damages resulting from Chaswil's intentional, willful or reckless misrepresentations or, breaches of covenants or agreements made as a part of or contained in this Agreement. Notwithstanding any other provision herein, the aggregate amount which Chaswil may be required to pay to Citizens, Designated Subsidiary and/or United pursuant to this ARTICLE 10 shall not be payable other than by reduction to the amount payable under the promissory note described in SECTION 2.5(C) of this Agreement and to the amount of the Earn-Out Adjustment pursuant to SECTION 2.4 OF THIS AGREEMENT.
Claims Limitation. No claims may be made for replacement or repair of personal 26 property valued at less then ten ($10) dollars. A maximum reimbursement of five 27 hundred dollars ($500) may be paid on any item afforded protection under this 28 Article.
