Exclusion/ Exemption Clause Samples

Exclusion/ Exemption. 5.1 The Second Party shall not be liable for failure to perform any of its obligations under or arising out this contract if such failure results from any force majeure and/or any measures taken by the Government whatsoever which renders it impossible or impracticable for the Second Party to perform its obligations under this Contract. 5.2 The Second Party shall not be liable for any delay, failure, breakdown loss or injury caused by: a) the Goods for which the First Party has failed to follow any reasonable recommendation(s) made by the Second Party with respect to its care and use, including but not limited to use with the equipment of appropriate media and expendables. b) the Goods supplied by the First Party or any Third Party, or c) the Goods modified by the First Party or any Third Party, or d) any requirements of Posts, Telegraphs and Telecommunications Authority, or e) the Goods run without supervision i.e. not attended by trained personnel. f) Power outages, improper power and environmental conditions. 5.3 The Maintenance Services to be provided by the Second Party shall not include: a) Electrical work external to the machine or maintenance of accessories, attachments, machines or other devices, Power Adaptor, Painting of the cabinet and Consumable items such as stationery, cartridges and magnetic media not covered under the agreement. b) Any failure, due to bad quality of consumable and media; software services, operational problem & training. c) Damage resulting from accidents, fire, lighting neglect or misuse, failure or unclean electrical power, Air conditioning or Humidity control or due to environmental conditions, cost of repair/replacement due to these factors shall be charged by the Second Party for labour as well as replaced parts.
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Related to Exclusion/ Exemption

  • FINRA Exemption To enable ▇▇▇▇▇ to rely on Rule 5110(b)(7)(C)(i) of FINRA, the Company represents that the Company (i) has a non-affiliate, public common equity float of at least $150 million or a non-affiliate, public common equity float of at least $100 million and annual trading volume of at least three million shares and (ii) has been subject to the Exchange Act reporting requirements for a period of at least 36 months.

  • Securities Act Exemption Neither the Holder nor anyone acting on behalf of the Holder has received any commission or remuneration directly or indirectly in connection with or in order to solicit or facilitate the Exchange. The Holder understands that the Exchange contemplated hereby is intended to be exempt from registration by virtue of Section 3(a)(9) of the Securities Act. The Holder understands that the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of the Holder set forth herein for purposes of qualifying for the exemption under Section 3(a)(9) of the Securities Act as well as qualifying for exemptions under applicable state securities laws.

  • Offering Exemption Assuming the truth and accuracy of the representations and warranties contained in Section 7, this issuance and delivery to the Holder of this Note is exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”), and will be registered or qualified (or exempt from registration or qualification) under applicable state securities and “blue sky” laws, as currently in effect.

  • Reliance on Exemptions The Buyer understands that the Securities are being offered and sold to it in reliance upon specific exemptions from the registration requirements of United States federal and state securities laws and that the Company is relying upon the truth and accuracy of, and the Buyer’s compliance with, the representations, warranties, agreements, acknowledgments and understandings of the Buyer set forth herein in order to determine the availability of such exemptions and the eligibility of the Buyer to acquire the Securities.

  • Section 16(b) Exemption The Company shall take all actions reasonably necessary to cause the transactions contemplated by this Agreement and any other dispositions of equity securities of the Company (including derivative securities) in connection with the transactions contemplated by this Agreement by each individual who is a director or executive officer of the Company to be exempt under Rule 16b-3 promulgated under the Exchange Act.