Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
Exceptions and Limitations. Benefits are not payable for the following:
Exceptions and Limitations. (a) To avoid doubt, the Access Holder will not accrue a rebate in respect of a Train Path if in that Period, subject to clause 16.5 of this agreement, the number of Path Usages for which an Operator actually operated a Service for the Access Holder on that Train Path in a Pricing Zone to transport coal, is equal to or exceeds the aggregate of the Access Holder’s Base Path Usages and Allowed Tolerance in that Pricing Zone for that Period less any Path Usages not made available under clause 3.14, clause 4.5 or clause 11.6 of this agreement.
(b) To avoid doubt, if Network Path Capability is greater than or equal to Total Path Usages Required for a Period in a Pricing Zone, then no rebate accrues to the Access Holder for that Period in respect of that Pricing Zone.
(c) For any Pricing Zone over a Period, if all access holders with train paths within the Pricing Zone use their full base path usages and there are no allowed tolerances for that Pricing Zone in that Period, then ARTC will not be required to carry out the system true-up test set out in this Schedule 2 for that Period.
Exceptions and Limitations. Benefits are not payable for the following:
(a) A disability where you are not under continuing medical supervision and treatment;
(b) A disability caused by intentionally self-inflicted injuries or illness while sane, or self-inflicted injuries or illness while insane;
(c) A disability resulting from insurrection, war, service in the Armed Forces of any country, or participation in a riot;
(d) Pregnancy related disabilities during any period you are on pregnancy leave of absence to which you are entitled under applicable Provincial statutes or mutually agreed to by you and the City;
(e) Alcoholism, drug addiction or any mental condition connected therewith, unless the insured person is under active treatment in, or certified as being actively supervised by a rehabilitation centre or Provincially designated institution;
(f) If your disability is due to a nervous, mental, psychological or emotional disorder, payments will not be made unless you are under the care of a registered specialist in psychiatry, or a doctor approved by a registered specialist in psychiatry.
Exceptions and Limitations. 3.1 The licences granted under clause 2 are valid only insofar as:
(a) the Licensed Services are Music Services. Should the Licensee offer or wish to offer modified or additional services that are not Music Services under this Agreement but which require a licence for the use of Repertoire Works the Licensee shall immediately notify the Licensors and provide such further information as the Licensors may reasonably request; and
(b) the Licensee is the Music Service Provider in relation to the Licensed Services
(c) the Licensed Services are provided solely in the Territory and not in any additional countries. Should the Licensee wish to provide the Licensed Services in any additional country outside of the Territory the Licensee shall immediately notify the Licensors and provide such further information as the Licensors may reasonably request.
3.2 Subject to clause 2.5, the incorporation of Commercial Works into Audio-Visual Material is only licensed under this Agreement where the Audio- Visual Material consists of:
(a) a Music Videogram; or
(b) a live concert performance or a film of a live concert performance by the artist performing that particular Commercial Work; or
(c) subject to clause 4.5, such Commercial Works being combined with photographs or other images relating to the artist performing the Commercial Work or the composer of the Commercial Work; or
(d) subject to clause 4.5, an interview with an artist, composer, producer or other person involved in the creation, performance or production of music where the Commercial Work(s) used are associated with the interviewee(s); or
(e) where permitted under clause 4.1, a performance of Permitted Excerpts of the Dramatico-Musical Work of which the Commercial Work forms part. For the avoidance of doubt, such Audio-Visual Material as is licensed under 3.2(a) to (e) above is only licensed insofar as it is reproduced or communicated to the public via the Licensed Services.
3.3 For the avoidance of doubt, this Agreement does not grant any “synchronisation licence” (to the extent that such a licence may be required by the Licensee) covering the initial fixation of Repertoire Works in combination with visual images to create and produce Audio-Visual Material.
3.4 For the avoidance of doubt, the licences granted under clause 2 shall not authorise the manufacture or distribution of physical products containing Repertoire Works, such as (without limitation) the ordering of compact discs (or any other type of physic...
Exceptions and Limitations. 1. In accordance with the conventions and international agreements to which they are parties, each Party may provide for limitations or exceptions to the rights set out in Articles 66 to 70 only in certain special cases which do not conflict with a normal exploitation of the works or other subject matter and do not unreasonably prejudice the legitimate interests of the right holders.
2. Each Party shall provide that temporary acts of reproduction referred to in Articles 66 to 70, which are transient or incidental, which are an integral and essential part of a technological process, and the sole purpose of which is to enable:
(a) a transmission in a network between third parties by an intermediary, or
(b) a lawful use of a work or other subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Articles 66 to 69.
Exceptions and Limitations. (a) The Buyer Parties and any Applicable Buyer Successors will be deemed not to have engaged in Buyer Restricted Activities with respect to marketing and sales by non-employee sales agents if the Buyer Parties or any Applicable Buyer Successors use their respective commercially reasonable efforts, including establishing reasonable procedures, to restrict the activities of their respective agents and other distribution parties from engaging in Buyer Restricted Activities.
(b) Nothing contained in this Agreement will restrict any Affiliate of a Buyer Party or of an Applicable Buyer Successor to the extent that such Affiliate: (i) is not operated jointly with, under common management with or does not share facilities, sales personnel or other key employees with Publisher; (ii) is not consolidated financially with Publisher; (iii) does not have a product bundling or similar joint venture or strategic alliances agreement, arrangement or product offering with Publisher with respect to Buyer Restricted Activities; or (iv) does not have a revenue-sharing or similar agreement arrangement with Publisher with respect to Buyer Restricted Activities.
(c) Nothing contained in this Agreement will prohibit the Buyer Parties or any Applicable Buyer Successors (in each case together with their respective Affiliates) from holding and making passive investments in securities of any Person whose securities are publicly traded in a generally recognized market, provided that the Buyer Parties' and any Applicable Buyer Successors respective equity interest therein does not exceed five percent (5%) of the outstanding shares or interests in such Person and the Buyer Parties and any Applicable Buyer Successors (and their respective Affiliates) have no effective control over management or policies of such Person.
(d) Without limiting any restriction with respect to the Buyer Parties' use of trademarks and trade names as set forth in the Trademark License Agreement or Exhibit C to the Publishing Agreement, the Qwest Parties acknowledge and agree that the Buyer Parties and any Applicable Buyer Successors and its Affiliates will have no restrictions with respect to any Voice Portal Directory.
Exceptions and Limitations. In accordance with the conventions and international agreements to which they are parties, each Party may provide for limitations or exceptions to the rights set out in Articles 281 to 286 of this Agreement only in certain special cases which do not conflict with a normal exploitation of the protected subject matter and which do not unrea sonably prejudice the legitimate interests of the right holders.
Exceptions and Limitations. (a) None of Verizon, the Verizon Successor or any of their respective Affiliates shall be deemed to have engaged in Verizon Restricted Activities or violated the IYP Restrictions with respect to marketing and sales by non-employee sales agents if such Person uses its commercially reasonable efforts, including establishing reasonable procedures, to restrict the activities of those of their respective agents and other distribution parties that are marketing Verizon local telephone service on an exclusive basis (e.g., the agents do not represent any other provider of local telephone service) from engaging in Verizon Restricted Activities.
(b) Publisher acknowledges and agrees that, except for the IYP Restrictions, none of Verizon, the Verizon Successor or any of their respective Affiliates (including the Excluded Affiliates) shall have any restrictions on the publication, marketing, sale or distribution of Directory Products directed principally at end-users outside the Publisher Region using any brand, other than the brands “SuperPages” or any combination xxxx of “SuperPages” and “Spinco”.
(c) Nothing contained in this Agreement shall prohibit any of Verizon, the Verizon Successor or any of their respective Affiliates (including, for the avoidance of doubt, the Excluded Affiliates) from engaging in any activity in which it is required by Law to engage in itself or through its Affiliates, including publishing or distributing White Pages to the extent permitted or required in the event of a Publishing Order, subject and pursuant to the terms and conditions of Section 3.11 of the Publishing Agreement.
(d) Nothing contained in this Agreement shall restrict the Verizon Successor from continuing to publish, market, sell or distribute (on its own behalf or on behalf of any third Person) Directory Products in those Service Areas and Independent Markets in the Publisher Region in which it was conducting any such business at the date of execution of the agreement(s) pursuant to which such Change of Control or disposition transaction occurs; provided, however, that the Verizon Successor: (i) may not materially expand the geographic scope of such Directory Products within such Service Area(s); and (ii) beginning with the publication of any Directory Product that is printed or otherwise distributed more than 15 months after the Change of Control or disposition transaction is consummated, the Verizon Successor may not brand any such Directory Product with the brand used b...
Exceptions and Limitations. A: The limited guarantees (see Section 1) shall not be granted in the following cases:
a) Installation, wiring and maintenance works have been carried out in a manner contradictory to the "Allgemeines Installationshandbuch" (General Installation Manual, see xxxxx://xx-xxxxx.xxxxxxxxx.xxx/en/service/downloads-p anasonic/) and to the specific installation instructions provided by the Panasonic Dealer who sold the product; the Module concerned has been used and/or handled in a manner contradictory to the Installation Manual
b) Module(s) installed in a location that exceeds Operating Conditions as specified in the Installation Manual.
c) A Module has been damaged by way of abuse or any alterations and/or actions and repairs which were not performed by SANYO.
d) Pre-installation storage and transport have been faulty and/or not in line with the instructions set out in the Installation Manual.
e) Modules have been damaged by external stress and strain or stones and/or debris dropping thereon, unless damage has been caused by any defective materials employed in the Modules and/or faulty assembly of the Modules concerned.
f) Modules have been contaminated and/or damaged by environmental factors, such as soot, saliferous substances or acid rain.
g) The Ultimate Customer's system, equipment and facilities on site are damaged or incompatible with the Modules.
h) Damage has been caused by extreme natural phenomena (earthquakes, typhoons and tornados, volcanic eruptions, floodings and storm tides, strokes of lightning, hailstorms and heavy snowfalls, tsunami, etc) and/or fires and any other unforeseen circumstances for which XXXXX cannot be held responsible.
i) Damage has been caused by terrorism, uprisings and such other man-made catastrophes.
j) Damage has been caused by noise, vibration, rust, scratches in normal operation.
k) Appearance change has been caused in normal operation.
l) There is no Certificate of Guarantee at all or it is incomplete, lacking entry of Ultimate Customer's name and/or of date of purchase and/or stamp of Panasonic Dealer. Should, however, the Certificate of Guarantee merely lack the Dealer's stamp, proof of purchase can also be furnished by presenting another document (invoice).
m) The type label and/or serial number of the Module are missing, or have been changed or are unreadable.
n) Modules are not installed within the following countries: Belarus, Bulgaria, Cyprus, Czech Republic, Hungary, Malta, Moldova, Poland, Romania, Russia, Slova...
