Exclusion of Claims. The following claims are expressly excluded and not covered by this Agreement for final and binding arbitration: (1) claims related to Workers' Compensation and Unemployment Insurance; (2) administrative filings with governmental agencies such as the California Department of Fair Employment & Housing, the Equal Employment Opportunity Commission, the U.S. Department of Labor or the National Labor Relations Board; (3) claims that are expressly excluded by statute or are expressly required to be arbitrated under a different procedure pursuant to the terms of an employee benefit plan; and (4) claims within the jurisdictional limits of small claims court. Nor does this Agreement preclude either party from seeking appropriate interim injunctive relief pursuant to the California Code of Civil Procedure or applicable federal law before arbitration or while arbitration proceedings are pending.
Exclusion of Claims. Neither party to this Agreement may recover from the other party any loss of revenue (including fare revenue, subsidy, access charges, Track Charges and incentive payments) or other consequential loss in connection with the subject matter of this Agreement caused to it by the other party, save to the extent otherwise provided in this Agreement or any other agreement between them.
Exclusion of Claims. Optionee acknowledges and agrees that, except as otherwise agreed upon in writing between Optionee and the Company, Optionee will have no entitlement to compensation or damages in consequence of the termination of Optionee’s employment with the Company or any subsidiary for any reason whatsoever and whether or not in breach of contract, insofar as such entitlement arises or may arise from ceasing to have rights under or from ceasing to be entitled to exercise stock options (provided that any such cessation is in accordance with the Plan) as a result of such termination or from the loss or diminution in value of this Option, and, upon the grant of this Option, Optionee shall be deemed irrevocably to have waived any such entitlement; and
Exclusion of Claims in certain other circumstances
(a) Except to the extent that an Operational Constraint results from a breach by, or negligent act or omission of, Aurizon Network of this Agreement or a Train Operations Deed (including clauses 21.2(c) and (d) of a Train Operations Deed), any delays or cancellations of Train Services caused by or resulting from Operational Constraints will not constitute a default by Aurizon Network of its obligations under this Agreement and Aurizon Network will not be liable for any Claims suffered or incurred by or made or brought by or against the Access Holder as a result of or arising from the imposition of such an Operational Constraint.
(b) Except as otherwise provided in this Agreement, Aurizon Network will not be liable for any delays or cancellations of Train Services or Claims suffered or incurred by or made or brought by or against the Access Holder and the Access Holder must not make any Claim against Aurizon Network, its director and/or Aurizon Network’s Staff as a result of an Operator complying with a request by Aurizon Network in accordance with clause 22.4(i) of a Train Operations Deed.
(c) If Aurizon Network takes action in accordance with clause 22.4(e) of a Train Operations Deed, then Aurizon Network has no liability for any damage to or loss of freight caused by such actions.
Exclusion of Claims. The Executive hereby agrees to exclude any right to a redundancy payment pursuant to Part XI of the Employment Rights Act 1996 and to exclude any claim in respect of the dismissal being unfair pursuant to Part X of the said Act on the termination of the Appointment in accordance with the terms hereof.
Exclusion of Claims. 8.1 With the exception of the Shareholder’s existing employment agreement entered into between the Target and the Shareholder (the Surviving Relationships), to the extent legally permissible, all claims and remedies of the Shareholder against a member of the Target Group (including but not limited to claims under the German Employee Invention Act), irrespective of their nature, amount and legal basis, are hereby expressly waived and excluded upon the Offer Completion with effect from the Offer Completion and therefore, from and after the Offer Completion, the Shareholder shall, not directly or indirectly, initiate or promote any such claims or remedies against the Target Group. The Shareholder shall notify the Target within three (3) Business Day after the Effective Date of such waiver.
8.2 For the avoidance of doubt, the waiver and obligation of the Shareholder pursuant to the foregoing clause 8.1 shall not apply in cases of intent (Vorsatz) or willful deceit (arglistige Täuschung) or fraudulent behavior on the part of the Acquirors.
Exclusion of Claims. (a) During the Option Period, should Yukon Gold wish to abandon any of the Claim, that make up the Property from time to time (the "Abandoned Property"), the following provisions shall apply. Yukon Gold shall give Hinton 30 days notice of its xxxxxtion to abandon such Claims and Hinton may thereafter give xxxxxe to Yukon Gold electing to have all of Yukon Gold's right, title and interest in and to the Abandoned Property transferred to it. Should Hinton give such xxxxxx to Yukon Gold, Yukon Gold shall forthwith execute, at its cost, any documentation necessary to transfer all of its right, title and interest in and to the Abandoned Property to Hinton and Yukon Xxxx xhall take such action as is reasonably necessary, at its cost, to ensure that the Abandoned Property will remain in good standing for a period of at least 1 year from the date of Yukon Gold's notice. If Hinton does not so elect or xxxxx to respond to Yukon Gold's notice within such 30 day period, then Yukon Gold may abandon or exclude the Abandoned Property.
(b) Subsequent to the abandonment, transfer or exclusion of an Abandoned Property, or interest therein, pursuant to this section 2.5, the definition of Property hereunder shall no longer include the Abandoned Property and Yukon Gold shall have no further obligations or responsibilities in respect of the Abandoned Property, except for those obligations and responsibilities in respect of environmental laws and arising in respect of operations conducted by Yukon Gold prior to such abandonment, transfer or exclusion irrespective of whether costs in respect of such obligations and responsibilities accrued before or after such abandonment, transfer or exclusion.
Exclusion of Claims. 4.1. Claims for damages due to delay, impossibility of performance, violation of a contractual sub-obliga- tion, negligence upon conclusion of the contract and unauthorized actions are excluded, as far as the dam- ages were not caused by intentional or negligent behavior. Tobit Software shall be liable for the retrieval of data only if the customer has ensured that this data can be reconstructed at a reasonable expense from data material that is provided in machine-readable form and that the customer has fulfilled his data backup obligations.
Exclusion of Claims. The Warrantors shall have no liability in respect of any Warranty Claim to the extent arising from any matter, act, omission or circumstance Disclosed in the Disclosure Letter or in the documents annexed to it. For the avoidance of doubt, nothing in the Disclosure Letter shall, or shall be deemed to, be disclosed against warranty 2.4 of Part 1 of Schedule 4.
Exclusion of Claims and statute of limitations
