Claims; Limitations. Notice of claims by Lessee for any liability, loss, damage, or expense arising out of this Lease must be made to Lessor in writing within ninety-one (91) days after the same shall have accrued. Such claims, fully amplified, must be filed with Lessor within said ninety-one (91) days and unless so made and filed, Lessor shall be wholly released and discharged therefrom and shall not be liable therefor in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued. In no event shall Lessor be liable to Lessee for any prospective or speculative profits, or special, indirect, incidental, exemplary, punitive, or consequential damages, whether based uxxx xxxxxxxx, xxxx, xxxxxx liability, or negligence, or in any other manner arising out of this Lease, and Lessee hereby releases Lessor from any claim therefor.
Claims; Limitations. Notice of claims by Lessee for any liability, loss, damage, or expense arising out of this Lease must be made to Lessor in writing within ninety-one (91) days after the same shall have accrued. Such claims, fully amplified, must be filed with Lessor within said ninety-one (91) days and unless so made and filed, Lessor shall be wholly released and discharged therefrom and shall not be liable therefor in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued. There are no third party beneficiaries of this Lease. IN NO EVENT SHALL LESSOR OR LESSEE BE LIABLE TO THE OTHER FOR ANY PROSPECTIVE OR SPECULATIVE PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED UXXX XXXXXXXX, XXXX, XXXXXX LIABILITY, OR NEGLIGENCE, OR IN ANY OTHER MANNER ARISING OUT OF THIS LEASE, AND EACH OF LESSOR AND LESSEE HEREBY RELEASES THE OTHER FROM ANY CLAIM THEREFOR.
Claims; Limitations. 8.1 The Preference Shareholder acknowledges that, notwithstanding anything to the contrary in any agreement, Policy, document or notice of the Company or in the articles, it shall have no claim against the Company whatsoever nor shall the Company be in any way liable in respect of or arising out of or in connection with its Policies or in respect of any return of capital as a Preference Shareholder or in respect of any other claim, whether in contract or in tort or otherwise, which the Preference Shareholder may have against the Company, and whether in its capacity as Shareholder or otherwise save to the extent of the amount of the Preference Shareholder's Fund after deducting therefrom all income or amounts accrued but not yet received by the Company (if positive). The enforcement of, and all rights and remedies in respect of, all such claims and liabilities described above is and shall be limited as stated above and the Company shall have no further obligation or liability or responsibility in respect thereof. The Preference Shareholder may not take proceedings or enforce judgment against the Company or any assets of, or prove as a secured or unsecured creditor in the liquidation of, the Company other than in accordance with this clause 8. The Preference Shareholder acknowledges that no claim may be made or enforced against the Company by it or on its behalf to the extent that such a claim would have to be satisfied out of funds allocated to other Preference Shareholders or to any of the Ordinary Shareholders, or to any Policyholder, whether such allocation arises pursuant to any agreement between any of the Shareholders or Policyholders and the Company or pursuant to the articles or otherwise. The Preference Shareholder acknowledges and agrees that any shortfall shall be extinguished and, in particular, that the Preference Shareholder shall not take any steps to wind-up the Company; and
Claims; Limitations. (a) Notice of Claims by Customer for any liability, loss, damage, or expense arising out of this Agreement must be made to P66SF in writing within one hundred eighty (180) days after the same shall have accrued. Such claims, described in reasonable detail, must be sent to P66SF within said one hundred eighty (180) days and unless so made and filed, P66SF shall be wholly released and discharged therefrom and shall not be liable therefore in any court of justice. No suit at law or in equity shall be maintained upon any claim unless instituted within two (2) years and one (1) day after the cause of action accrued.
Claims; Limitations. Notwithstanding anything otherwise contained in this Agreement, no party hereto shall assert any single claim or claims against any other party hereto, unless the single claim (after giving effect to and reducing the same by (i) any net tax benefits realized by the indemnified party as a result of such event, and (ii) the net amount of any insurance proceeds received by the indemnified party as a result of such event) exceeds the sum of $18,750, and the sum of all such single claims in the aggregate exceeds $150,000; provided, that claims made by Tyler or the Surviving Corporation pursuant to Section 2.9 or 4.5 of this Agreement, or for breach of the Employment Agreement or the Confidentiality Agreement shall not be subject to the foregoing limitations; and provided further, that claims made by the Shareholders pursuant to Section 3.7 or 4.5 of this Agreement, or for breach of the Employment Agreement or the Confidentiality Agreement shall not be subject to the foregoing limitations. 11.5
Claims; Limitations. Notwithstanding anything otherwise contained in this Agreement, no party hereto shall assert any single claim or claims against any other party hereto, including any right of offset by Tyler or Surviving Corporation pursuant to Section 11.8 hereof, unless the single claim (after giving effect to and reducing the same by (i) any net tax benefits realized by the indemnified party as a result of such event, and (ii) the net amount of any insurance proceeds received by the indemnified party as a result of such event) exceeds the sum of $37,500, and the sum of all such single claims in the aggregate exceeds $300,000; provided, that claims made by Tyler or Surviving Corporation pursuant to Section 2.9 or 4.5 of this Agreement, or for breach of the Employment Agreement or the Confidentiality Agreement shall not be subject to the foregoing
Claims; Limitations. The maximum liability owed to You under this Contract will be the lesser of (I) the current market value of a Product of comparable specifications; (II) the retail price paid for Your Product minus sales tax and claims paid, in lieu of service repairs or replacement of a Product of comparable specifications or, (III) $25,000 for Light Commercial and $65,000 for Heavy Commercial equipment. Light Commercial is defined as
Claims; Limitations. The maximum liability owed to You under this Contract will be the lesser of (I) the current market value of a Product of comparable specifications; or, (II) the retail price paid for Your Product minus sales tax and claims paid, in lieu of service repairs or replacement of a Product of comparable specifications. When determining the current market value of a Product of comparable specifications a fair analysis is completed using current manufacturers’ and distributors’ pricing on comparable products. In the event We (I) replace the Product with a Product of comparable specifications; (II) reimburse You for the current market value of a Product of comparable specifications; or (III) reimburse You for the retail amount of the Product, minus claims, minus sales tax, We shall have satisfied all obligations owed 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; Limitations. Notwithstanding the foregoing provisions of this Article IX, and except as set forth in Section 9.9,
Claims; Limitations. Notwithstanding any other provisions ------------------ hereof, Midland shall not be liable for claims for indemnification in an amount in excess of $766,000.00 and the Shareholders, subject to the other provisions of this Section 7.6, shall not be liable for claims for indemnification in an amount in excess of $290,000.00. The maximum liability of any individual Shareholder hereunder shall be limited to an amount equal to $200,000.00 multiplied by the applicable percentage of ownership of Company Stock by such Shareholder as set forth on Schedule 1.1 hereto (the "Individual Shareholder ------------ Cap"), provided that the maximum liability hereunder of each of Xxxxx Xxxxxxx -------- ---- ("Florian") and Xxx Xxxxxxx ("Xxxxxxx") shall equal their respective Individual Shareholder Cap only until the total of Buyer's Section 7.2 Losses and Buyer's Section 7.4 Losses exceeds $966,000.00, and thereafter the maximum liability of Florian and Xxxxxxx shall increase by an additional $90,000.00 of joint and several liability.
