Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.
WHAT WE EXCLUDE In addition to the exclusions appearing in the section "Which general exclusions apply to all of our covers?", we do not cover interruptions following: • cosmetic treatment, health cure, voluntary termination of pregnancy, in vitro fertilisation and its consequences; • depressive, mental or psychological illness without hospitalisation of less than three days; • epidemics or pandemics. WHAT WE EXCLUDE Apart from the exclusions appearing in the section “Which general exclusions apply to all our covers?", we cannot intervene or compensate if the immobilisation is due to: • running out of fuel or using the wrong fuel; • puncture; • losing, mislaying, theft or breakage of keys other than breakage of the key in the vehicle's steering anti-theft system; • repeated breakdowns of the same type caused by failure to repair the vehicle after our agents have initially intervened during the month preceding the event; • air conditioning problems and breakdowns; • unless stated otherwise in the policy, damage to bodywork that does not result in immobilisation of the vehicle; • consequences immobilising the vehicle for servicing; • Failures of alarm systems not fitted as standard. Our cover excludes reimbursements of: • fuel costs; • personal items and effects left in and/or on the vehicle; • customs and surveillance costs other than those previously agreed on by the assistance service; • goods and animals being carried; • vehicle repair and towing costs, spare parts; • all costs other than coverage of a replacement vehicle within the limits provided for in the Schedule of Cover. Immobilisation of the following vehicles is excluded from replacement vehicle cover: • motorcycles under 125 cc; • mopeds, scooters; • luggage trailers of a gross vehicle weight of more than 750 kg; • non-standard trailers and all trailers other than those intended for carrying luggage, as well as boat trailers and vehicle-carrying trailers; • registered motorised quadricycles driven without a licence; • vehicles intended to carry people for money such as driving-school cars, ambulances, taxis, hearses and hired vehicles; • vehicles designed to carry goods and animals. should comply with the following weight and dimensions: • Maximum weight: Less than 10 kilograms Maximum dimensions: the sum of the length, width and height of the parcel must not exceed 150 centimetres. Under no circumstances can the Insurer be held liable for: • delays attributable to the transport providers selected to deliver the forgotten item. the breakage, loss, damage or theft of the forgotten Item during transportation; • consequences resulting from the nature of the forgotten item; a refusal by national or international customs to authorise the shipment of the forgotten item.
Warranty and Exclusions If you paid a charge for the IBM SaaS then the Section 17 Warranty and Exclusions is replaced in its entirety by the following:
Conditions and Exclusions Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
Background included 9.1.1 In Attachment 1, the Parties have identified and agreed on the Background for the Project and have also, where relevant, informed each other that Access to specific Background is subject to legal restrictions or limits. Anything not identified in Attachment 1 shall not be the object of Access Right obligations regarding Background.
Scope of Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to Applicable Law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of fraud or fraudulent misrepresentation. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care.
Conflict of Interest Questionnaire - Form CIQ No response Do not upload this form unless you have a reportable conflict with TIPS. There is an Attribute entitled “Conflict of Interest Questionnaire Requirement” immediately followed by an Attribute entitled “Conflict of Interest Questionnaire Requirement – Form CIQ – Continued.” Properly respond to those Attributes and only upload this form if applicable/instructed. If upload is required based on your response to those Attributes, the Conflict of Interest Questionnaire – Form CIQ must be downloaded from the “Attachments” section of the IonWave eBid System, reviewed, properly completed, and uploaded at this location. Vendor’s Warranties, Terms, and Conditions (Supplemental Vendor Information Only)
OWNERSHIP AND USE OF ELIGIBLE CONSUMER DATA Competitive Supplier acknowledges that the Town shall have exclusive ownership of all right, title, and interest in and to all Eligible Consumer data (including addresses, telephone numbers or other identifying information) made available to Competitive Supplier as a result of execution of this ESA. Competitive Supplier shall use Eligible Consumer data solely to provide All- Requirements Power Supply to Participating Consumers and to render other services expressly required or permitted under this ESA. Any other use of Eligible Consumer data without the prior written consent of the Town is strictly prohibited. Pursuant to such authorized use, Competitive Supplier may share such Eligible Consumer data with affiliates and third-party vendors as reasonably necessary to accommodate Competitive Supplier’s provision of All-Requirements Power Supply or other performance pursuant to this ESA (including, without limitation, collection of receivables), provided that Competitive Supplier will take reasonable measures to inform any such vendor of the confidential nature of such data and the restrictions set forth in this Article 2.5 and elsewhere in this ESA. Except as expressly provided in this ESA, Competitive Supplier shall not disclose any Eligible Consumer data to any third-party that has not executed a non-disclosure certificate or agreement in a form mutually acceptable to the Parties, and Competitive Supplier shall take Commercially Reasonable measures to protect Eligible Consumer data from access by, or beneficial use for, any third-party. Notwithstanding the foregoing, the Parties agree that contract employees and entities with which Competitive Supplier contracts to provide contract employees shall not be deemed third parties for purposes of this Section 2.5. To the extent that the provision of All-Requirements Power Supply or other services under this ESA requires that Competitive Supplier have access to or make use of any Eligible Consumer data, Competitive Supplier shall treat such Eligible Consumer data as confidential information. Competitive Supplier may use Eligible Consumer data to engage in direct marketing only during the term of this ESA and subject to the terms set forth in Article
Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule.
Deleted, Not Applicable 4.2 - The Lessee shall give detailed written notice to the Lessor, and if applicable, to the Lessor's mortgagee, of the need for any maintenance which is the obligation of the Lessor pursuant to Article III. This provision is cross referenced in paragraphs 3.1(s), 5.15, and 5.17.