Exclusive Remedy for Breach of Limited Warranty Sample Clauses

Exclusive Remedy for Breach of Limited Warranty. Subject to Section 9.10 of these Special Provisions and the terms of the Agreement (including the damages cap(s), damages exclusion(s), and other limitations on liability in Section 6 of the Agreement), NMS will indemnify Merchant for direct damages resulting from NMS’s breach of the Data Protection Service limited warranty in Section 9.8. For clarity, “direct damages” are limited to third party claims asserted against Merchant arising from NMS’s breach of the limited warranty in Section 9.8. THE INDEMNIFICATION IN THIS SECTION 9.9 IS THE SOLE AND EXCLUSIVE REMEDY, AND NMS’S ENTIRE LIABILITY, FOR NMS’S BREACH OF THE LIMITED WARRANTY IN SECTION 9.8, AND IS SUBJECT IN ALL RESPECTS TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.
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Exclusive Remedy for Breach of Limited Warranty. Subject to Section T.11 of these Special Provisions and the terms of the Agreement (including the damages cap(s), damages exclusion(s), and other limitations on liability in Section 5 of the Agreement), ISO will indemnify Merchant for direct damages resulting from ISO’s breach of the Data Protection Service limited warranty in Section T.9. For clarity, “direct damages” includes third party claims asserted against Merchant arising from ISO breach of the limited warranty in Section T.9.
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Exclusive Remedy for Breach of Limited Warranty. Subject to Section T.11 of these Special Provisions and the terms of the Agreement (including the damages cap(s), damages exclusion(s), and other limitations on liability in Section 5 of the Agreement), NMS will indemnify Merchant for direct damages resulting from NMS’s breach of the Data Protection Service limited warranty in Section T.9. For clarity, “direct damages” includes third party claims asserted against Merchant arising from NMS breach of the limited warranty in Section T.9.
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Related to Exclusive Remedy for Breach of Limited Warranty

  • REMEDY FOR BREACH OF WARRANTY 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Remedies for Breach of Obligation of Confidentiality Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of the State, at the sole election of the State, the immediate termination, without liability to the State, of this Contract or any Statement of Work corresponding to the breach or threatened breach.

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • REMEDIES FOR BREACH It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

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