E xclusions. Confidential Information does not include information that the receiving party can establish: (i) has entered the public domain without the receiving party’s breach of any obligation owed to the disclosing party; (ii) has been rightfully received by the receiving party from a third party without confidentiality restrictions; (iii) is known to the receiving party without any restriction as to use or disclosure prior to first receipt by the receiving party from the disclosing party; or (iv) has been independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
E xclusions. No cover is provided for the following
E xclusions. ●Masonary Walls / Cross Fences ●Maintenance
E xclusions. SiFive will have no obligation to defend or indemnify you (notwithstanding the first paragraph of this Article 9) with respect to any claim that is based on or attributable to any of the following: (a) any modification made to the Licensed Technology by anyone other than SiFive; (b) the combination or use of the Licensed Technology with other products, processes, or materials not supplied by SiFive or specified in the Documentation as being necessary to use the Licensed Technology; (c) your continued engagement in infringing activities after you were notified of the infringement or after SiFive informed you of a modification or workaround that would have avoided the infringement; (d) your use of the Licensed Technology in a manner not permitted by Article 2 of this Agreement; or (e) direct or indirect compliance with your directions, instructions, specifications, or technical requirements (including any requirement that the Licensed Technology support or comply with industry or technical standards), if there are no known commercially-reasonable means of complying with such directions, instructions, specifications, or technical requirements free of a claim of infringement. SiFive (or the auditing firm) reasonable access to your facilities and records for purposes of conducting these audits. SiFive will give you at least five days advance notice before conducting an audit. Audits will be conducted during normal business hours and no more than once per year, unless SiFive has a good-faith basis for believing that more frequent audits are warranted. SiFive will bear all the costs it incurs (including the fees and expenses of the auditing firm, if any) in conducting an audit, unless the audit reveals that you have failed to comply with this agreement in a material way, in which case you agree to reimburse SiFive for these costs.
E xclusions. ●Masonary Walls / Cross Fences ●Maintenance ●SWPPP ●Dust Control ●Engineering / Structural Calculations ●Grading / Clearing & Grubbing ●Auto CAD Drawings ●Fence / Gate Grounding ●Temporary Fencing & Gates ●Staking / Surveying / Pot-holing ●Core Drilling / Saw Cutting ●Location of Underground Utilities ●Removal/ Demo Work ●Inspection / Testing Fees ●Permits / Licenses & Fees ●Patching / Restoration ●Asbestos Training / Costs ●Traffic Control / Flagmen ●Bond Premium ●Rebar Cages ●Concrete other than post footings ●Builder's Risk Insurance Additional fees may apply for project requirements not provided or disclosed prior to bidding. Such fees include Special Insurances, Payroll (Textura), Bonds, Finger Printing & Background Checks, Special Badging or Clearances. Page 19 of 20 00000 Xxxxxxxxxx Xxx Fax: (562) 864A-2tt5a2c9hment X Since 1923
E xclusions. Confidential Information does notincludeany information that (i) is or becomes publicly available without breach of this Agreement, (ii) can beshownbydocumentationtohavebeenknown toSupplierat the time of its receipt from Green EarthCommercial ContractingCompany,(iii)isreceivedfroma thirdpartywhodidnot acquire or disclose suchinformationby a wrongfulor tortious act, or (iv) can be shown by documentation to have been independently disclose Confidential Information as required to comply with bindingordersofgovernmentalentitiesthathavejurisdictionover it, providedthatSupplier(i)givesGreenEarthCommercialContracting Company prior written notice sufficient to allow Green Earth CommercialContractingCompanytoseekaprotectiveorderorother appropriate remedy,(ii) discloses only such information as is required by the governmental entity, and (iii) and uses commercially reasonable efforts to obtain confidentialtreatmentforanyConfidentialInformationsodisclosed. otherparty.
E xclusions. ZIONEX shall have no obligation to support:
a. Altered, damaged or substantially modified Software;
b. Software that is not the then-current or Previous Sequential Release;
c. Errors caused by Licensee’s negligence, hardware malfunctions or other causes beyond the reasonable control of ZIONEX;
d. Software installed in a hardware or operating environment not supported by ZIONEX or its authorized representatives; and
e. Third party software not licensed through ZIONEX.
E xclusions. Signal Technologies is in no way responsible for electrical connections, fire alarm connections, permits, or fees associated with permits unless specifically noted in the SOW.
E xclusions. Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:
(a) Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party; or
(b) Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents; or
(c) Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder; or
(d) Is approved for release (and only to the extent so approved) by the disclosing Party; or
(e) Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law after prompt prior notice to the other Party.
E xclusions. Neither Party shall have any liability arising out of or related to this Agreement or otherwise under any theory, including contract and tort, for any loss of profits, cost of cover, indirect, or consequential damages, including (but not limited to) damages for loss of use, loss of goodwill or loss of business, even if such Party has been advised of the possibility of such damages.
