Liability/Remedies Sample Clauses

Liability/Remedies. 7.1. PJRFSI shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJRFSI under the terms of the Agreement.
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Liability/Remedies. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve CONSULTANT of liability in excess of such coverage, nor shall it preclude CITY from taking such other actions as are available to it under any other provisions of this Agreement or law.
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Liability/Remedies. 7.1 PJR shall not be liable for any loss or damage sustained by any person due to any act of omission or error during the performance of services by PJR under the terms of the Agreement.
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Liability/Remedies. Insurance coverage in the amounts set forth herein shall not be construed to relieve Licensee of liability in excess of such coverage, nor shall it preclude Licensor from taking such other actions as are available to it under any other provisions of this Agreement or Law. Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage required by this Agreement or fails to furnish certificates of insurance, such failure shall be deemed a material breach of this Agreement, giving Licensor, in its discretion, the option to terminate this Agreement and obtain damages therefor.
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Liability/Remedies. 10.1 The Provider shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Client harmless from and against, any and all Losses that may be suffered by the Client and which arise, directly or indirectly, in connection with any breach of this agreement by the Provider and/or any negligent or other tortious conduct in the provision of the Services.
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Liability/Remedies. Marvel’s and Disney’s cumulative liability, if any, and Co-Promotion Partner's or any other party’s sole and exclusive remedy for any loss or damages resulting from any claims, demand, or actions arising out of or relating to the Agreement shall not exceed the total sum of amounts payable to Marvel under the Financials/Payment Section of the Cover Agreement. In no event shall Marvel or any of its affiliates be liable for speculative, indirect, punitive, or special damages, or for the loss of anticipated profits or business interruption, even if Marvel or Disney has been advised of the possibility of such loss or damages and regardless of whether any remedy set forth herein fails of its essential purpose. Co-Promotion Partner shall in no event be entitled to injunctive relief and Marvel and/or Disney shall be entitled to injunctive relief, if necessary, to preserve its goodwill, without requiring the posting of a bond or other similar security.
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Liability/Remedies. Licensee acknowledges and agrees that Licensor shall have no liability to Licensee under this Agreement, including but not limited to, any liability arising from the inaccuracy or incompleteness of the Information. In no event shall Licensor be liable for any incidental or consequential damages, including but not limited to, lost business, lost profits or third party claims, whether foreseeable or not, even if Licensor has been advised of the possibility of such damages. Without limiting the generality of the foregoing, neither party will be liable for any loss, damage, or expense that directly or indirectly arises from or in connection with the inability of any of Licensee’s products and services and the Information to work with each other. Licensor’s aggregate and cumulative liability for damages hereunder for all claims and causes of action shall in no event exceed an amount equal to the amount of fees paid by Licensee to Licensor under this Agreement. The parties acknowledge and agree that a breach by Licensee of the provisions of Paragraph 3 above will cause Licensor and/or its respective affiliates irreparable injury and damage which may not be compensable by money damages, and, therefore, Licensee agrees that Licensor or its respective affiliates shall be entitled to injunctive or other relief to prevent such a breach and to secure enforcement of Paragraph 3 in addition to any other remedies which may be available. Without limiting the availability to Licensor of any other rights or remedies, if Licensee breaches any of the terms of Paragraph 3 above, Licensor reserves the right to immediately terminate this Agreement upon notice to Licensee and Client. ANY INFORMATION PROVIDED TO CONTRACTOR IN CONNECTION WITH THIS AGREEMENT IS PROVIDED TO CONTRACTOR "AS-IS", AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CONTRACTOR IN CONNECTION WITH SUCH INFORMATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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Liability/Remedies 
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Related to Liability/Remedies

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

  • Breach; Remedies Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • WAIVER AND CUMULATIVE REMEDIES No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • General Remedies Upon the occurrence of an Event of Default and during the continuation thereof, the Administrative Agent and the holders of the Secured Obligations shall have, in addition to the rights and remedies provided herein, in the Loan Documents, in any other documents relating to the Secured Obligations, or by law (including, without limitation, levy of attachment and garnishment), the rights and remedies of a secured party under the UCC of the jurisdiction applicable to the affected Collateral and, further, the Administrative Agent may, with or without judicial process or the aid and assistance of others (to the extent permitted under applicable law), (i) subject to the rights of tenants in possession, enter on any premises on which any of the Collateral may be located and, without resistance or interference by the Grantors, take possession of the Collateral, (ii) dispose of any Collateral on any such premises, (iii) require the Grantors to assemble and make available to the Administrative Agent at the expense of the Grantors any Collateral at any place and time designated by the Administrative Agent that is reasonably convenient to both parties, (iv) remove any Collateral from any such premises for the purpose of effecting sale or other disposition thereof, and/or (v) except as provided below in the case of notice required by law, without demand and without advertisement, notice or hearing, all of which each of the Grantors hereby waives to the fullest extent permitted by law, at any place and time or times, sell and deliver any or all Collateral held by or for it at public or private sale, by one or more contracts, in one or more parcels, for cash, upon credit or otherwise, at such prices and upon such terms as the Administrative Agent deems advisable, in its sole discretion (subject to any and all mandatory legal requirements). Each of the Grantors acknowledges that any private sale referenced above may be at prices and on terms less favorable to the seller than the prices and terms that might have been obtained at a public sale and agrees (to the extent permitted by applicable law) that such private sale shall be deemed to have been made in a commercially reasonable manner. Neither the Administrative Agent’s compliance with applicable law nor its disclaimer of warranties relating to the Collateral shall be considered to adversely affect the commercial reasonableness of any sale. In addition to all other sums due the Administrative Agent and the holders of the Secured Obligations with respect to the Secured Obligations, the Grantors shall pay the Administrative Agent and each of the holders of the Secured Obligations all reasonable documented costs and expenses actually incurred by the Administrative Agent or any such holder of the Secured Obligations, including, but not limited to, reasonable attorneys’ fees and court costs, in obtaining or liquidating the Collateral, in enforcing payment of the Secured Obligations, or in the prosecution or defense of any action or proceeding by or against the Administrative Agent or the holders of the Secured Obligations or the Grantors concerning any matter arising out of or connected with this Security Agreement, any Collateral or the Secured Obligations, including, without limitation, any of the foregoing arising in, arising under or related to a case under the Bankruptcy Code. To the extent the rights of notice cannot be legally waived hereunder, each Grantor agrees that any requirement of reasonable notice shall be met if such notice is personally served on or mailed, postage prepaid, to the Borrower in accordance with the notice provisions of Section 11.02 of the Credit Agreement at least ten Business Days before the time of sale or other event giving rise to the requirement of such notice. The Administrative Agent and the holders of the Secured Obligations shall not be obligated to make any sale or other disposition of the Collateral regardless of notice having been given. To the extent permitted by applicable law, any holder of the Secured Obligations may be a purchaser at any such sale. To the extent permitted by applicable law, each of the Grantors hereby waives all of its rights of redemption with respect to any such sale. Subject to the provisions of applicable law, the Administrative Agent and the holders of the Secured Obligations may postpone or cause the postponement of the sale of all or any portion of the Collateral by announcement at the time and place of such sale, and such sale may, without further notice, to the extent permitted by applicable law, be made at the time and place to which the sale was postponed, or the Administrative Agent and the holders of the Secured Obligations may further postpone such sale by announcement made at such time and place.

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