Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Documentation for the Covered Hardware. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment:
a. Has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation other than installation performed by Seller authorised personnel, improper storage, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Documentation:
b. Has been repaired, altered, disassembled, reassembled, or damaged as a result of modifications made to the Covered Hardware that were not authorised in writing by Seller;
c. Has been damaged by environmental conditions at the Site;
d. Has not been installed, operated, repaired and maintained in accordance with its Documentation or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the applicable Documentation;
e. Has been moved from the Site by persons not expressly authorised in writing by Seller;
f. Has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller;
g. Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The Occupational Safety and Health Administration);
h. Has been exposed to radioactivity, and has not been decontaminated to below exempt levels; or
i. Has been damaged due to an act of Force Majeure as defined herein.
Exclusions and Restrictions. ISB shall have no obligation of any kind to provide Support and Maintenance Services for issues or problems of any kind caused by or arising out of any of the following circumstances:
(i) accidents, hardware malfunction, abuse or improper use; (ii) Your own negligence or fault or breach of the License Agreement or Addendum 1; (iii) modifications or alterations to the Software or Add-On(s) not made by ISB or made without ISB’s prior written consent; (iv) use of the Software or Add-On(s) not authorized in the License Agreement or Addendum 1 or other than in accordance with the operating specifications described in the then-current documentation for the Software or Add-On(s); (v) the installation of hardware, drivers or software not compatible with the Software or Add-On(s) or not supported by ISB or for which ISB is not responsible under this Addendum 2; (vi) issues regarding the interoperability of the Software or Add-On(s) with any third party products or (vii) issues based on sources of input that are initially foreseen to not adhere to the operating specifications in the then-current documentation for the Software or Add-On(s). Unless otherwise agreed in writing, Support and Maintenance Services shall be delivered in English. Support and Maintenance Services will be provided by ISB via e-mail and web portal (JIRA) and only on Business Days.
Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Specifications. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment:
(i) Has not been operated and maintained in accordance with its Specifications or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the User Documentation;
(ii) Has been subjected to misuse, negligence, accident, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Specifications;
(iii) Has been repaired, altered, or damaged as a result of modifications made to the Covered Hardware that were not authorized in writing by Seller;
(iv) Has been damaged by environmental conditions at the Site;
(v) Has been moved from the Site or from its installed location to another location within the Site by persons not expressly authorized in writing by Seller;
(vi) Has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller;
(vii) Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The Occupational Safety and Health Administration); or
(viii) Has been exposed to radioactivity, and has not been decontaminated to below exempt levels.
Exclusions and Restrictions. ISC shall have no obligation of any kind to provide Support and Maintenance Services for issues or problems of any kind caused by or arising out of any of the following circumstances: (i) accidents, hardware malfunction, abuse or improper use; (ii) Your own negligence or fault or breach of the License Agreement; (iii) modifications or alterations to the Software or add-on(s) not made by ISC or made without ISC’s prior written consent; (iv) use of the Software or add-on(s) not authorized in the License Agreement or other than in accordance with the operating specifications described in the then-current documentation for the Software or add-on(s); (v) the installation of hardware, drivers or software not compatible with the Software or add-on(s) or not supported by ISC or for which ISC is not responsible under this Agreement; (vi) issues regarding the interoperability of the Software or add-on(s) with any third party products or (vii) issues based on sources of input that are initially foreseen to not adhere to the operating specifications in the then-current documentation for the Software or add-on(s). Unless otherwise agreed in writing, Support and Maintenance Services shall be delivered in English. Support and Maintenance Services will be provided by ISC through its Belgian affiliate company iText Software BVBA via e-mail and web portal (JIRA) and only on Business Days.
Exclusions and Restrictions. This Warranty does not cover:
Exclusions and Restrictions. 9.2.1. The Seller shall not be liable for indemnification under this Section 9 unless the individual Loss claimed by the Purchaser hereunder is for more than ITL 50,000,000 (fifty million), on the understanding that said exemption of liability of the Seller shall also apply to claims exceeding the above limit whose final ascertained Loss is less than ITL 50,000,000 (fifty million).
Exclusions and Restrictions. This Warranty will be void, and Lutron and its suppliers will have no responsibility under this Warranty, if Lutron or its representatives cannot access any components of the System to inspect, diagnose problems with or repair the System or any of its components as a result of concealment or inaccessibility of such components within a building structure. This Warranty does not cover, and Lutron and its suppliers are not responsible for:
Exclusions and Restrictions. Under this insurance contract the Insurer shall not pay indemnification for any damage caused by deliberate action or for damage covered under the effective Hungarian legislation by the mandatory motor third party liability insurance policy covering the vehicle that caused the damage, regardless of whether the vehicle that caused the damage was or was not covered by such insurance. Nor shall the Insurer reimburse to the Insured Party causing damage any of its costs of legal representation, restitution or interests exceeding the reimbursement ceiling (limit).
Exclusions and Restrictions. This Warranty does not cover, and Lutron and its suppliers are not responsible for:
Exclusions and Restrictions. This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by: (a) the acts of omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its International Service Providers; (c) Force Majeure Events; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonable required to restore the Service; (g) Customer’s failure to release the Service for testing or repair and continuing to use the Service on an impaired basis; (h) CenturyLink’s termination of Service for Cause or Customer’s use of Service in an unauthorized or unlawful manner; or (i) improper or inaccurate network specifications provided by Customer. This Service Level Agreement (“SLA”) applies to the On-Net Local Access circuits provided solely on CenturyLink owned and operated facilities (“Service”) ordered by CenturyLink’s customer (“Customer”) pursuant to a signed agreement (“Agreement”) with CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC d/b/a CenturyLink QCC (“CenturyLink”). On April 1, 2014, Qwest Communications Company, LLC completed a name change to CenturyLink Communications, LLC. References in supporting agreements or other documents, to Qwest Communications Company, LLC or its predecessors are replaced with “CenturyLink Communications, LLC.” Service is available in XX-0, XX-0, OC-3, OC-12 and OC-48 circuit types. Service terminates at the Service Address’s common telecommunications facility or meet-me point. This SLA does not apply to local access circuits that are provided by another carrier.
