Limit on Indemnity. To the extent that the undertaking to indemnify and hold harmless set forth in Section 9.2(a) may be unenforceable as violative of any Applicable Law or public policy, the Borrower shall make the maximum contribution to the payment and satisfaction of its obligations set forth in Section 9.2(a) that is permissible under Applicable Law.
Limit on Indemnity. So long as the Company does not conduct any ------------------ business or engage in any activities other than those described in the first sentence of the definition of "Business" (as such term is defined in the Stockholders' Agreement), each party waives its right to indemnification under this Article VI or any other right to assert any claim arising from any ---------- inaccuracy in the Company's representations and warranties set forth in Section ------- 4.10 or the violation by the Company of the covenant set forth in Section 5.2(d) ---- -------------- to the extent such Section relates to ineligible or prohibited activities of SBICs.
Limit on Indemnity. The foregoing notwithstanding, Altiris ------------------ shall have no liability or obligation for a Claim (whether by Compaq or through Compaq by its Licensed Distributors and Affiliates) to the extent it is based on (i) the use or distribution by Compaq of any Licensed Software after Altiris has provided Compaq a replacement as specified in Section 10.5(b) above; (ii) the combination of any Licensed Software with other software, equipment, materials or products not provided by Altiris other than the Compaq Products (but not to the extent the damage or liability results from Compaq's failure to comply with Altiris' specific reasonable written request to take steps to avoid such infringement), (iii) unrelated intellectual property infringement, arising from Compaq's distribution of products, (iv) the modification of any of the Licensed Software by anyone other than Altiris, or (v) the use of the Licensed Software in a process or manner not contemplated by Altiris' end-user documentation or publications for the Licensed Software provided to Compaq.
Limit on Indemnity. Notwithstanding the foregoing, but subject always to section14.3, BidContender will have no liability for infringement claims arising from: (i) combination of the Platform with other software or products not provided by BidContender, if the infringement would not have occurred if the Platform had not been so combined; (ii) the modification of the Platform, in whole or in part, by anyone other than BidContender, if the infringement would not have occurred but for such modification; or (iii) use by Client of any specified release of the Platform after BidContender notifies Client that continued use may subject Client to such claim of infringement, provided BidContender provides Client with a replacement release.
Limit on Indemnity. Notwithstanding the foregoing, YouNow will have no liability for infringement claims arising from: (i) combination of the Developer Materials with the PeerStream Apps or other software or products not provided by YouNow, if the infringement would not have occurred but for such combination; or (ii) the modification of the Developer Materials, in whole or in part, by anyone other than YouNow, if the infringement would not have occurred but for such modification.
Limit on Indemnity. In the event that a breach under 18.1(b) is caused by a Member, or a Proceeding under 18.1(c) or s. 18.1(d) is commenced by a Member, the indemnification provisions under 18.1(b), 18.1(c) and 18.1(d) will not apply provided that HRFN has complied with all the requirements under 17.1(e) to prevent, resolve or remedy that breach or Proceeding.
Limit on Indemnity. Notwithstanding the foregoing, Aconex will have no liability for infringement claims arising from:(i) combination of the Services with other software or products not provided by Aconex, if the infringement would not have occurred if the Services had not been so combined; (ii) any modification of the Services, in whole or in part, by anyone other than Aconex, if the infringement would not have occurred but for such modification; or (iii) use by the Paying Organization of any specified release of the Platform after Aconex notifies the Paying Organization that continued use may subject the Paying Organization to such claim of infringement, provided Aconex provides the Paying Organization with a replacement release.
Limit on Indemnity. The foregoing notwithstanding, Sonos shall have no liability for a Claim to the extent based on: (i) the use by You of any Product more than thirty (30) days after Sonos notifies You in writing that continued use of the Product may give rise to such Claim and offers, in return for You ceasing all further use of the Product, to refund the price paid by You for the Product less amounts attributable to Your prior use; (ii) the combination of the Product, or any part thereof, with other hardware or products not provided by Sonos, which Claim would have been avoided if the Products had not been so combined; or (iii) use of the Products other than as authorized under this Agreement.
Limit on Indemnity. Notwithstanding anything to the contrary set forth herein, indemnification under this Article 8 shall not be available with respect to any matter that has been resolved by the Arbitration Procedure set forth in Section 12.9 herein, except to the extent such indemnification is or was awarded in such Arbitration Procedure.
Limit on Indemnity. If the indemnities or insurance required in this Agreement hereunder are judicially determined to exceed the maximum limits ____________________________________________________________________________________________________________________ permissible under applicable law, then the indemnity and insurance requirements shall automatically be amended to conform to the maximum limits permitted under such law and will be liberally construed to effectuate the intent and enforceability of these provisions. Furthermore, for Purchases performed in the State of Texas and covered by TEX. CIV. PRAC. & REM. CODE XXX. §§ 121.001-007 (Xxxxxx 1986 and 1992 Supp.), as amended, if deemed applicable by a court of applicable jurisdiction, (a) Section 6 below is subject to and expressly limited by the terms and conditions of that statute, and (b) that statute is incorporated herein.
