Disclaimer and Limitation of Remedies Sample Clauses

Disclaimer and Limitation of Remedies. Customer Warranty The Customer warrants that: the Customer’s premises and any other premises at which the Services are performed, and travel to and from those premises, will be safe; and use of the Customer Material by Deswik in accordance with this agreement will not infringe the Intellectual Property Rights of any third party.
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Disclaimer and Limitation of Remedies. 16 12.1 No Warranty 16 REPRESENTATIVES 17 NON-SOLICITATION 17 RELATIONSHIP 17 ASSIGNMENT OR OTHER TRANSFER 18 DISPUTE RESOLUTION 18 17.1 Agreement to Participate in Dispute Resolution 18 17.2 Dispute notice 18 17.3 Notice in response 18 17.4 Initial meeting 19 17.5 Mediation 19 17.6 Agreement remains in force 19 17.7 Injunctions 19 17.8 Survival 19 NOTICES 19 MISCELLANEOUS 20 19.1 Governing Law and Jurisdiction 20 19.2 Entire Agreement 20 19.3 Survival 20 19.4 Counterparts 20 19.5 Waivers 20 19.6 Costs and expenses 20 19.7 Further Action 21 19.8 No Merger 21 19.9 Severance 21 SCHEDULE A SERVICE DESCRIPTION 22 SCHEDULE B SERVICE LEVEL TARGETS 25 THIS AGREEMENT IS MADE ON THE COMMENCEMENT DATE between Deswik USA Inc. of 0000 Xxxx Xxxxxx Drive, Suite 400 Highlands Ranch, CO 80129 (Deswik) and The party identified in the Proposal (Customer)
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Disclaimer and Limitation of Remedies. TLC WILL NOT BE LIABLE FOR DEFECTS IN DATA WHICH OCCUR AS A RESULT OF THE ACTION OF LICENSEE OR ANY OTHER PARTY. TLC WILL NOT BE LIABLE TO LICENSEE FOR INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, DATA BEING RENDERED INACCURATE OR UNAVAILABLE DUE TO LICENSE TERMINATION FOR ANY REASON, FAILURE TO PAY THE LICENSE OR SUPPORT FEES, LOSSES SUSTAINED BY THIRD PARTIES, OR FAILURE OF THE PROGRAM TO OPERATE WITH HARDWARE OR PROGRAMS WHETHER OR NOT DISTRIBUTED BY TLC. THIS DISCLAIMER APPLIES TO ANY ACTION, WHETHER IN AN ACTION OF CONTRACT OR TORT INCLUDING NEGLIGENCE, EVEN IF TLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TLC'S ENTIRE LIABILITY TO LICENSEE, AND LICENSEE'S EXCLUSIVE REMEDY FOR ANY ALLEGED BREACH OF WARRANTY WILL BE, THE REPLACEMENT OF ANY PRODUCT(S) NOT MEETING TLC'S "LIMITED WARRANTY" AS PROVIDED ABOVE.
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Disclaimer and Limitation of Remedies. 14.1 EXCEPT AS STATED IN SECTIONS 13.3, 13.4, 13.5 and 13.6 OF THIS AGREEMENT, CENTOCOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PRODUCT SOLD TO NOVA FACTOR.
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Disclaimer and Limitation of Remedies. 65. The Software is provided on an as is basis. The Licensee acknowledges that software, by its very nature, is an imperfect product and has faults, gaps and other anomalies.
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Disclaimer and Limitation of Remedies 
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Related to Disclaimer and Limitation of Remedies

  • Limitation of Remedies The Credit Enhancement Provider shall not have the right to cause the Loan or any portion thereof to become due and payable prior to the due date for the Loan as set forth herein.

  • Disclaimer and Limitation of Liability PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS,IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A XXXXXXX-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDERDOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.

  • Tenant’s Remedies/Limitation of Liability Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within 30 days after written notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of 30 days, then after such period of time as is reasonably necessary). Upon any default by Landlord, Tenant shall give notice by registered or certified mail to any Holder of a Mortgage covering the Premises and to any landlord of any lease of property in or on which the Premises are located and Tenant shall offer such Holder and/or landlord a reasonable opportunity to cure the default, including time to obtain possession of the Project by power of sale or a judicial action if such should prove necessary to effect a cure; provided Landlord shall have furnished to Tenant in writing the names and addresses of all such persons who are to receive such notices. All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may not terminate this Lease for breach of Landlord’s obligations hereunder. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord” in this Lease shall mean only the owner for the time being of the Premises. Upon the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Term upon each new owner for the duration of such owner’s ownership.

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