Claims Limitation Sample Clauses
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. 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. 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. 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. (a) Seller shall not have any liability or obligation for any Damages under this Agreement unless (i) the aggregate amount of all such Damages equals or exceeds $500,000, and then for the full amount of such Damages; and (ii) notice of the claim for such Damages shall have been given to Seller prior to the end of the survival period for such claim.
(b) The limitation contained in subsection (i) of Section 11.5(a) shall not apply to Damages arising under Sections 4.2, 4.4, 4.8, 4.11 or 11.1 of this Agreement.
(c) Seller shall not be liable or obligated for any Damages under this Agreement (other than in respect of Damages arising under Sections 4.4, 4.8, 4.11 or 11.1) that, together with all other Damages for which Seller is liable or obligated under this Agreement, exceed $60,000,000. Seller shall not be liable or obligated for any Damages under this Agreement as a result of a breach of Section 4.4 or 4.11 that, together with all other Damages for which Seller is liable or obligated under this Agreement, exceed the amount of the Consideration (as defined in the Farmers Agreement).
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. No claims may be made for replacement or repair of personal property valued at less then ten ($10) dollars. A maximum reimbursement of five hundred dollars ($500) may be paid on any item afforded protection under this Article. The District assumes no obligation for articles of sentimental value other than for replacement or repair as herein described.
Claims Limitation. Notwithstanding the foregoing provisions of ----------------- this Article X, neither party shall have any liability for any Losses until and unless the cumulative total of such Losses exceeds in the aggregate US$ 100,000,and in no event shall either party be liable under this Article X for any Losses in excess of US$ 8,000,000; provided that: (i) when the aggregate amount of Losses reaches US$ 100,000 the respective indemnitor shall be liable in full for all Losses; and (ii) such limitation shall not apply to claims made by the Buyer Indemnitors so long as any funds remain in the Escrow Account. In addition, the foregoing limitations shall not apply to (i) liabilities for severance payments to employees, and (ii) claims based on any Losses resulting from either party's intentional, willful or reckless misrepresentations or breaches or warranties or agreements made as a part of or contained in this Agreement.
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.