Coverage Limitations. No indemnification is available pursuant to the provisions of this Agreement:
3.1.1. If such indemnification is not lawful (and, in this respect, both the Company and Indemnitee have been advised that the Securities and Exchange Commission believes that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication);
3.1.2. If Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested was knowingly fraudulent, a knowing violation of law, deliberately dishonest or in bad faith or constituted willful misconduct;
3.1.3. In respect of any Claim based upon or attributable to Indemnitee's conduct that is established by a final judgment as constituting a breach of Indemnitee's duty of loyalty to the Company or resulting in any personal profit or advantage to which Indemnitee was not legally entitled;
3.1.4. In respect of any Claim based upon or in connection with a proceeding by or in the right of the Company in which Indemnitee was adjudged liable to the Company unless and only to the extent that the Court of Chancery of Delaware shall determine upon application that, despite the adjudication of such liability but in view of all circumstances of the case, the Indemnitee is fairly and reasonably entitled to indemnity for such expenses (including attorney's fees) which the Court of Chancery of Delaware shall deem proper; or
3.1.5. In respect of any Claim against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of the Company within the meaning of Section 16(b) of the Exchange Act or similar provisions of any federal, state or local statutory law.
Coverage Limitations. Surfaces, finishes and coverings in the HOME which require repair due to damage caused by a CONSTRUCTION DEFECT, or such damage caused in the course of OUR repair of a CONSTRUCTION DEFECT, shall be repaired and restored to approximately the same condition as existed prior to the CONSTRUCTION DEFECT, but not necessarily to a like new condition. When repairing or replacing surfaces, finishes and coverings, the repair or replacement will attempt to achieve as close a match with the original surrounding areas as is reasonably possible, but an exact match cannot be guaranteed due to such factors as fading, aging and unavailability of the same materials.
Coverage Limitations. No indemnification is available pursuant --------------------- to the provisions of this Agreement:
3.1.1. If such indemnification is not lawful;
3.1.2. If Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested was knowingly fraudulent, a knowing violation of law, deliberately dishonest or in bad faith or constituted willful misconduct;
3.1.3. In respect of any Claim based upon or attributable to Indemnitee gaining in fact any personal profit or advantage to which Indemnitee was not legally entitled;
3.1.4. In respect of any Claim for an accounting of profits made from the purchase or sale by Indemnitee of securities of the Company within the meaning of Section 16(b) of the Securities Exchange Act of 1934, as amended; or
3.1.5. In respect of any Claim based upon any violation of Section 174 of the Delaware General Corporation Law, as amended.
Coverage Limitations. Service coverage will be limited to those service plans you have elected on the cover page of this Contract.
Coverage Limitations. Section V. Exclusions
Coverage Limitations. These warranties do not cover product abuse, misuse, accident, negligence, neglect, loss, Act of God, modification, customer furnished equipment, integration, and damage from electrical power problems, computer, computer peripherals or software. These warranties also do not cover failure to follow proper use and installation instructions, usage of parts or components not supplied by Capsa, unauthorized changes, additions or removal of features or options, functional changes to include customization, unauthorized service or repair by anyone other than a Capsa authorized representative, failure to perform preventive maintenance, and shipping damage other than the original shipment from Capsa. Coverage is also not provided for consumables, normal battery degradation, moisture or fluid ingress, proximity or exposure to heat and temperatures outside operating and storage specifications, and other external causes not the fault of Capsa. Use and installation instructions include those in user manuals, installation manuals, assembly and installation instruction sheets, technical bulletins, product literature, and product labeling. These warranties are extended only to the original end-user who purchased the product directly from Capsa or an authorized representative of Capsa. The warranties are non-transferable and terminate if the original purchaser transfers the product to another person or entity.
Coverage Limitations. No indemnification is available pursuant to the provisions of this Agreement:
3.1.1 If such indemnification is not lawful;
3.1.2 If the Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested was knowingly fraudulent, a knowing violation of law, deliberately dishonest or in bad faith, or constituted willful misconduct;
3.1.3 In respect of any Claim based upon or attributable to the Indemnitee's gaining any personal profit or advantage to which the Indemnitee was not legally entitled;
3.1.4 In respect of any Claim for an accounting of profits made from the purchase or sale by the Indemnitee of securities of the Company within the meaning of Section 16(b) of the Exchange Act;
3.1.5 If the Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested constituted a breach of the duty of loyalty to the Company or its stockholders; or
3.1.6 In respect of any Claim based upon any violation of Section 174 of the Delaware General Corporation Law, as amended.
Coverage Limitations. No indemnification is available pursuant to the provisions of this Agreement:
3.1.1. If such indemnification is not lawful;
3.1.2. If Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested was knowingly fraudulent, a knowing violation of law, deliberately dishonest or in bad faith or constituted willful misconduct;
3.1.3. In respect of any Claim based upon or attributable to Indemnitee gaining in fact any personal profit or advantage to which Indemnitee was not legally entitled;
3.1.4. In respect of any Claim based upon or in connection with a proceeding by or in the right of the Company in which the director was adjudged liable to the Company.
3.1.5. In respect of any Claim for an accounting of profits made from the purchase or sale by Indemnitee of securities of the Company within the meaning of Section 16(b) of the Securities Exchange Act of 1934, as amended; or
3.1.6. If Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested constituted a breach of the duty of loyalty to the corporation or its shareholders.
3.1.7. In respect of any Claim based upon any violation of Section 48-10-000 xx the Tennessee Business Corporation Act, as amended.
Coverage Limitations. No indemnification is available pursuant to the provisions of this Agreement:
3.1.1. If such indemnification is not lawful;
3.1.2. If Indemnitee's conduct giving rise to the Claim with respect to which indemnification is requested was knowingly fraudulent, a knowing violation of law, deliberately dishonest or in bad faith or constituted willful misconduct;
3.1.3. In respect of any Claim based upon or attributable to Indemnitee gaining in fact any personal profit or advantage to which Indemnitee was not legally entitled;
3.1.4. In respect of any Claim based upon or in connection with a proceeding by or in the right of the Company in which Indemnitee was adjudged liable to the Company; or
3.1.5. In respect of any Claim for an accounting of profits made from the purchase or sale by Indemnitee of securities of the Company within the meaning of Section 16(b) of the Securities Exchange Act of 1934, as amended.
Coverage Limitations. 1. The replacement of normal maintenance items as outlined in the Engine Operator’s Guide (such as filters, belts, hoses, air cleaners, and fluids) is not covered.
2. Performance of engine tune-up is not included in the coverage unless required with the repair of a Qualified Part.
3. Coverage does not include parts not furnished by Detroit Diesel, or parts furnished by any other manufacturer or equipment supplier as part of the original vehicle or equipment. Examples of such parts may include air cleaners, air cleaner ducting, radiator, radiator connections.
4. Failure due to misuse, negligence, accident, alteration, lack of proper maintenance or the use of parts not approved by Detroit Diesel is not covered under this Agreement.
5. Coverage does not include failure due to chemical corrosion and physical erosion.
6. Coverage does not include repairs or replacement of Qualified Parts performed by other than an authorized Detroit Diesel service outlet, so as to affect adversely, in the judgment of Detroit Diesel, its performance and reliability.
7. Failure caused by fire, theft, freezing, vandalism, riot, explosion, lightning, earthquake, windstorm, hail, water or flood is not covered under this Agreement.
8. Coverage does not include failure covered by a repairing outlet’s guarantee, loss of time, loss of use of the product, towing, inconvenience, lodging, food or other consequential loss that may result from a failure.
9. Cylinder liner, piston and piston ring failures attributable to wear-out are specifically excluded from this Agreement. The wear rate of parts in any engine, and especially those parts within the combustion area, will vary depending on operating conditions and environment. Conditions such as load, trailer configuration, road speed and road conditions, as well as the quality of air, fuel, lube oil and lube oil filters bear a direct relationship to the wear rate and resulting life of parts. Depending upon the severity of these various conditions, parts wear and resulting failure could occur within the limitations of this coverage.
10. Coverage does not include travel time and mileage or overtime.
11. Coverage does not include performance complaints (including but not limited to low power, poor fuel economy etc.) unless caused by the failure of a Qualified Part.
