E xclusions. No cover is provided for the following
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. The following items are not covered by this CONTRACT:
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 CROWN FENCE Phone: (000) 000-0000 00000 Xxxxxxxxxx Xxx Fax: (562) 864A-2tt5a2c9hment X Xxxxx Xx Xxxxxxx XX 00000 State Lic. 1315 SBE Certified # 2015464 DIR 1000005330 PROJECT: Yale Transitional Center REV 2 NEW 1.1 Since 1923 TO:
E xclusions. ●Masonary Walls / Cross Fences ●Maintenance ●SWPPP ●Dust Control ●Gate Automation ●Engineering / Structural Calculations ●Grading / Clearing & Grubbing ● Specialty Locks ●Auto CAD Drawings ●Fence / Gate Grounding ●Temporary Fencing & Gates ●Staking / Surveying / Pot-holing ●Core Drilling / Saw Cutting Page 20 of 20
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. ZIONEX shall have no obligation to support:
E xclusions. The obligations of Section 4.1 hereof shall not apply with respect to any portion of Confidential Information: (a) that is or becomes publicly available other than as a result of acts by Recipient; (b) that is in the possession evidenced in writing of either Party prior to the disclosure by either Party; (c) that is independently developed by Recipient; or (d) that is or becomes available to either Party from a source that, to either Party’s knowledge, is not bound by a confidentiality agreement with either Party prohibiting such disclosure. If either Party is required by law or legal process to disclose the other Party’s Confidential Information, that Party shall promptly inform the other Party of such requirement (if permitted), so that the other Party may seek an appropriate protective order or waive compliance of the Party with the confidentiality obligations of this Agreement to the extent required by law.
E xclusions. G&W shall not be liable for loss or damage to Items due to: improper or inadequate packaging by Customer, inherent vice, wear, tear, gradual deterioration, moths, insects, rodents, vermin, acts of God, war, terrorism, invasion, acts of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization, requisition or destruction of or damage to property under the order of any government or public or local authority, civil disobedience, actions by customs or government officials. G&W shall not be liable for punitive, consequential or special damages, including, but not limited to, loss caused by delay, emotional distress, lost revenue, income, market value, loss of use, utility or profit, irrespective of whether G&W knew that such damage could occur. G&W shall not be liable for the mechanical functions of pianos, radios, phonographs, clocks, barometers, mechanical refrigerators or other instruments or appliances. G&W shall have no liability for damage caused by radiation of any kind, toxic, explosive or hazardous property, nuclear weapons or reactors, nuclear fuel, nuclear waste, or chemical, biological, bio-chemical or electromagnetic weapons.
E xclusions. This Contract shall not cover hazardous, toxic or radioactive wastes or substances as currently or in future defined as such by applicable Federal, State or Local laws or regulations, nor be interpreted to prevent the removal of trash or rubbish by the generator of such trash or rubbish. Contractor may contract, but shall not be required, pursuant to this Contract, for hauling human waste or stable matter, hazardous waste, auto parts, rocks, concrete, sand, gravel, dirt, or construction debris; provided that Contractor shall be responsible for and the Owner of any such materials the Contractor agrees to collect or haul.
