Warranty and Exclusions If you paid a charge for the IBM SaaS then the Section 17 Warranty and Exclusions is replaced in its entirety by the following:
Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.
Conditions and Exclusions Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
Scope of Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to Applicable Law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of fraud or fraudulent misrepresentation. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care.
Eligibility Exclusions Subject to Clause 2.5 of this Schedule 1, an individual is not eligible for training subsidised through the Skills First Program under this VET Funding Contract if the individual is: a student enrolled in a school (excluding a school based Apprentice/Trainee). This includes: any government, non-government, independent or Catholic school; or a student registered for home schooling in Victoria. Government schools are responsible for funding these opportunities for VET within the school curriculum through their Student Resource Package (SRP) allocation, including targeted VET in schools funding. Non-government schools make similar decisions for students on the basis of the resources available to them; within the meaning of the Corrections Act 1986 (Vic), a prisoner held at a prison, including: Xxxxxxx Correctional Centre (Ararat); Barwon Prison; Beechworth Correctional Centre; Dame Xxxxxxx Xxxxx Centre; Dhurringile Prison; Langi Kal Kal Prison; Loddon Prison Precinct; Marngoneet Correctional Centre; Tarrengower Prison; Metropolitan Remand Centre; Melbourne Assessment Prison; Fulham Correctional Centre; Port Xxxxxxx Prison; or Karrenga Annex; a person who is detained under the Mental Health Act 2014 (Vic), or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) or the Sentencing Act 1991 (Vic) at the Xxxxxx Xxxxxxx Hospital; or a person who is detained (other than on weekend detention) under the Children, Youth and Families Act 2005 (Vic) or the Sentencing Act 1991 (Vic) or who is held on remand in one or more of the following youth justice facilities: Malmsbury Youth Justice Centre; Parkville Youth Residential Centre; or Melbourne Youth Justice Centre. The exclusions described in Clauses 2.4(b), (c) and (d) of this Schedule 1 do not apply to: young people on community based orders made under the Children, Youth and Families Act 2005 (Vic); or individuals held in Xxxx Xxxxxxx Transition Centre, who, subject to otherwise complying with the requirements in this Clause 2, may be eligible for training subsidised through the Skills First Program as they are able to physically access training outside of a custodial setting without supervision.
PRESCRIPTION MEDICATION BENEFITS, LIMITATIONS AND EXCLUSIONS The following items are limited or excluded from your Prescription Medication coverage:
Eligibility and Enrollment 2.3.1 The State of Georgia has the sole authority for determining eligibility for the Medicaid program and whether Medicaid beneficiaries are eligible for Enrollment in GF. DCH or its Agent will determine eligibility for PeachCare for Kids® and will collect applicable premiums. DCH or its agent will continue responsibility for the electronic eligibility verification system (EVS).
Warranties and Exclusions 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release.
DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.
ELIGIBILITY and COVERAGE 3.1.0 The following ETFO represented employees are eligible to receive benefits through this Trust:
