Exclusive Remedy of Customer Sample Clauses

Exclusive Remedy of Customer. Upon a finding of a Defect (whether by American's evaluation or by the Warranty Arbitrator), Customer's sole and exclusive remedy and American's sole and exclusive obligation and liability under Section 7.01 are limited to, at American's expense and option, either (a) the reservicing, repairing or replacing of the Equipment containing the Defect, together with the payment by American of any reasonable expenses actually incurred by Customer in the removal of such Equipment from an aircraft, shipment of such removed Equipment to American, return of such Equipment to Customer and reinstallation of such Equipment in an aircraft, or (b) the refund to Customer of amounts actually paid for the Services that are the subject of the warranty claim. All warranty claims shall be submitted to: Manager of Maintenance Marketing American Airlines, Inc. X.X. Xxx 000000, XX 000 Xxxxx, Xxxxxxxx 00000-0000. Customer may from time to time request that American permit Customer to repair, or obtain the repair of, an item of Equipment containing a Defect. Subject to Section 7.03 above, in the event American, in its sole discretion, gives its prior written approval of any such Customer repairs, Customer may remove, repair and reinstall, or cause to be removed, repaired and reinstalled, any Equipment containing a Defect, and the costs thereof, together with the costs of the parts consumed during such activity (as certified by Customer in writing), will be paid by American to Customer; provided that (c) the man-hours expended and the parts consumed by Customer do not exceed American's reasonable estimate therefor (based on U.S. Airline Industry Standards), and (d) the man-hours required for maintenance work being carried out concurrently on such Equipment or its constituent parts shall not be included. The labor rates for each man-hour shall not exceed the labor rate for the Services that are the subject of the warranty claim.
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Exclusive Remedy of Customer

  • Exclusive Remedy The foregoing payments upon termination or resignation of the Executive’s employment shall constitute the exclusive severance payments due the Executive upon a termination or resignation of Executive’s employment under this Employment Agreement.

  • Exclusive Remedies Subject to Section 10.13, the Parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity or intentional misconduct on the part of a Party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in Article VI and this Article VIII. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted under Law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other Parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in Article VI and this Article VIII. Nothing in this Section 8.9 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any Party’s fraudulent, criminal or intentional misconduct.

  • Non-Exclusive Remedy Notwithstanding anything herein to the contrary, termination of this Agreement by a Party shall be without prejudice to other remedies such Party may have at law or equity.

  • Nonexclusive Remedy The exercise by either party of any remedy under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

  • Non-exclusive Remedy; Survival The indemnification and contribution provided for under this Agreement shall be in addition to any other rights to indemnification or contribution that any indemnified party may have pursuant to law or contract and shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director or controlling Person of such indemnified party and shall survive the transfer of Registrable Securities and the termination or expiration of this Agreement.

  • 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.

  • Nonexclusive Remedies All of the Bank’s rights and remedies not only under the provisions of this Agreement but also under any other agreement or transaction shall be cumulative and not alternative or exclusive, and may be exercised by the Bank at such time or times and in such order of preference as the Bank in its sole discretion may determine.

  • Release; Exclusive Remedy (a) This Section 5.4 shall apply notwithstanding anything else contained in this Agreement or any stock option or other equity-based award agreement to the contrary. As a condition precedent to any Company obligation to the Executive pursuant to Sections 5.3(b) or (c), the Executive shall, upon or promptly following his or her last day of employment with the Company (and in any event within twenty-one (21) days following the Executive’s last day of employment), execute a general release agreement in substantially the form of Exhibit A (with such amendments that may be necessary to ensure the release is enforceable to the fullest extent permissible under then applicable law), and such release agreement shall have not been revoked by the Executive pursuant to any revocation rights afforded by applicable law.

  • Waivers, Non-Exclusive Remedies No failure on the part of Agent or any Lender to exercise, and no delay in exercising and no course of dealing with respect to, any right under this Agreement or the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise by Agent or any Lender of any right under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right. The rights in this Agreement and the other Loan Documents are cumulative and shall in no way limit any other remedies provided by law.

  • Indemnification Exclusive Remedy In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.