EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following:
(1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio;
(2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio;
(3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents;
(4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and
(5) any other extraordinary expense of the Fund or Portfolio.
EXCLUSIONS FROM SERVICE. The Services do not include:
EXCLUSIONS FROM SERVICE. 3.1 The Service does not apply in the event of legislative, tax, social security or contractual changes involving essential structural changes to the entire Program or substantial parts thereof.
3.2 Time and installation costs are not included in the Service.
3.3 Time for technical support, training for changes, conversions, data adjustment, customization adjustment to be made are not included in the Service.
EXCLUSIONS FROM SERVICE. D14.1 The Services do not include:
EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following:
(1) all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio(s) in connection with securities transactions to which the Fund or the Portfolio(s) is a party or in connection with securities owned by the Fund or the Portfolio(s);
(2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio(s);
(3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio(s) to federal, state, county, city, or other governmental agents;
(4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio(s); and
(5) any other extraordinary expense of the Fund or Portfolio(s).
EXCLUSIONS FROM SERVICE. The following are not included under this Agreement:
a. Repair or replacement of components, which, in NECAM's opinion, are required due to misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, improper temperature, humidity or other environmental condition (i.e. lightning, water, shock damage), improper storage, transport or handling or failure of components or supplies not furnished by NECAM.
b. Repair or replacement of components which are required due to unauthorized attempts by persons not authorized by NEC America to provide service to repair, maintain, or modify the hardware components covered by this Agreement.
c. Repair or replacement of components which are not part of the original system installed by the Associate and whose bar codes have not been registered with NEC as covered by the Extended Warranty.
d. Repair or replacement of components which, when installed, were neither new nor reconditioned in accordance with NECAM procedures and requirements. EXTENDED WARRANTY COVERAGE WILL BE AVAILABLE ON ADDED OR SUBSTITUTE COMPONENTS ON PAYMENT OF THE APPLICABLE FEE SET BY NECAM. Any service excluded by this Agreement and provided at the request or with the agreement of the ASSOCIATE shall be paid for by ASSOCIATE based on current rates for materials and labor in effect when the service is provided.
EXCLUSIONS FROM SERVICE. This warranty does not apply with respect to the following:
A. Defects or damage caused by accident, fire, flood, lightning, other acts of nature or any other peril originating outside the Product unit.
B. Defects or damage caused by abuse, misuse, negligence or failure to observe the instructions contained in the Product manual furnished at the time of original purchase.
C. Damage caused during shipment or handling.
D. Products that have had their serial numbers modified, defaced or removed.
E. Any Product used for commercial purposes, or which has been modified, tampered with, serviced or repaired by someone other than an OASC technician.
F. Packing materials, accessories, non-operating or stationary parts such as batteries, knobs, cabinetry, covers, lids, trim parts, antennas, consumable items and other similar parts.
G. Installation and removal of ONKYO Products.
H. Periodic maintenance, cleaning or other preventive measures required to maintain normal operation of ONKYO Products.
I. Adjustments or alterations required for compatibility with conditions pertaining to foreign countries.
J. Products used for commercial purposes. The Product covered under this Contract is intended for consumer’s use and is not designed for continuous or commercial use.
K. Service, maintenance, repairs or replacements resulting from the use of incompatible third party products and/or service of third party products not manufactured and sold by ONKYO that may be installed in or used with the Product.
L. Products purchased and/or used outside of the United States.
EXCLUSIONS FROM SERVICE. Service provided under this agreement is contingent upon the proper use of the Product in an appropriate operating environment. This Agreement does not cover:
EXCLUSIONS FROM SERVICE. 4.1 This Extended Warranty applies only to SAFARI Montage-branded hardware products for which the customer has paid in full and on the systems and in the environment in which they were originally installed. This Extended Warranty does not apply to any non-SAFARI Montage-branded hardware products; such products are provided by SAFARI Montage “as-is,” and any third- party warranties, maintenance and support are provided by the original manufacturer or supplier, not by SAFARI Montage. This Extended Warranty does not apply or extend to any (a) services rendered, such as installation, professional development or training; (b) content provided, such as MARC Records or content packages; (c) any products provided on a pilot or demonstration basis; or (d) any consumables, such as batteries. In addition, this Extended Warranty does not apply to and does not cover any loss, problem or damage to the Hardware due to, or repairs required by:
(i) customer neglect, negligence, misuse, abuse, misapplication or any external fire, theft, vandalism, terrorism, flood, exposur e to weather conditions, excessive heat, power surges, disruption or loss of power, accidental damage, Acts of God, including, without limitation, lightning and earthquakes;
(ii) customer’s failure to perform preventative maintenance or provide and maintain a stable operating environment with all facili ties prescribed by SAFARI Montage (including, but not limited to, proper electrical power and grounding provided via a suitable, UL listed uninterruptible power supply, properly matched to the power requirements of equipment, air conditioning and/or humidity control), or customer’s failure to use reasonable means to protect the software and hardware from further damage after a failure occurs;
(iii) any third party hardware or software parts, components or accessories used in connection with software or hardware (or supplied by anyone who is not authorized by SAFARI Montage to supply such products), including, without limitation, any application programs, network programs, databases, files, drivers, source code, object code or proprietary data, keyboards, mouse, speakers, modems, wiring or any unauthorized attachments, features or devices;
(iv) use of supplies or materials not meeting SAFARI Montage’s specifications or use of software or hardware not in accordance with SAFARI Montage instructions or for purposes other than those for which they were designed, or any relocation, reconfiguration or unauthorize...
EXCLUSIONS FROM SERVICE. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include and Manager will not be responsible for any of the following:
i. all brokers' commissions, issue and transfer taxes, and other costs chargeable to the Funds in connection with securities transactions to which a Fund is a party or in connection with securities owned by the Fund or the Fund;
ii. borrowing costs (including dividend expenses on securities sold short and the interest on indebtedness), if any, incurred by a Fund or the Funds;
iii. the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by a Fund or the Funds to federal, state, county, city, or other governmental agents;
iv. the expenses, including fees and disbursements of counsel, in connection with litigation by or against a Fund or the Funds; and
v. any other extraordinary expense of a Fund or Funds.
