Limitation and Exclusions. The NHAG Warranty gives you specific legal rights and you may also have other rights, which vary, from region to region. THIS DOCUMENT CONTAINS THE ENTIRE NHAG WARRANTY. NHAG MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AND SPECIFICALLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.* NHAG WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF THE WRITTEN WARRANTY OR ANY IMPLIED WARRANTY IMPOSED BY LAW.* Owner’s Responsibility The NHAG warranty remains in effect during the Warranty Period if the owner performs the required maintenance at the recommended intervals outlined in the product operator’s manual and the unit is operated within its rated capacity. Genuine NHAG service parts or NHAG approved service parts that meet NHAG specifications must be used for maintenance and repair. What’s Not Covered Cost associated with performing pre-delivery or scheduled inspection service. Repairs arising from storage deterioration, failure to maintain the equipment, negligence, alteration, improper use of the equipment, collision or other accident, vandalism, or other casualty, or operation beyond rated capacity or specification. Repairs arising from abuse or neglect, including but not limited to: operation without adequate coolant or lubricants, adjustments to the fuel system outside equipment specifications, over-speeding, improper storage, starting, warm-up, or shutdown practices, incorrect fuel or contaminated fuel, oil or other fluids. Normal maintenance services, such as engine tune-ups, engine fuel system cleaning, checks, adjustments, shimming, etc. Replacement of non-defective wear items expected to be replaced during the warranty period, including but not limited to: light bulbs, spark plugs, ignition points, brake or clutch linings, slip clutches, belts, chains, knives, bucket cutting edges and teeth, crawler track pads and track components, crop processing and cutting components, external drive sprockets and chains, soil engaging tools and accessories. Items replaced due to customer demand. Labor charges performed by anyone except a dealer authorized by contract to repair the equipment, unless they qualify under special provisions (i.e.; outside labor). Any and all travel costs for items such as towing, service calls, or transporting a unit to and from the place where the warranty service is performed, unless specifically covered by a campaign or pr...
Limitation and Exclusions. The maximum liability of an Indemnitor under this Section 13 will be subject to the provisions of Section 14. Sections 13 and 14 constitute entire liability of Anoto and its Group Companies and of LFIRC and its Group Companies and the entire remedy of Anoto and its Group Companies and of LFIRC and its Group Companies with respect to breach of representations and warranties in this Section 13 and to infringement of a third party’s Intellectual Property Rights; provided, however, that a material breach of representation or warranty in this Section 13 will be a basis for termination of this Agreement by the non-breaching Party in accordance with Section 16.2.
Limitation and Exclusions. 7.1 Without affecting any other limitation in these Terms and Conditions, TMA’s maximum liability under or in connection with the Services (whether in contract or tort (including negligence) or for breach of statutory duty) is limited to the amounts of TMA’s insurances specified in Clause 6.
Limitation and Exclusions. To the full extent permitted under applicable law in no event will the Company Parties be liable to you or any other person under or in any connection with this Agreement for, and you hereby release Company Parties from, any and all damages of any kind or nature whatsoever, including without limitation any direct, indirect, incidental, consequential, exemplary, punitive or special damages, and including with respect to lost profits, lost revenues, loss of or damage to data (including your personal information), business interruption, howsoever caused and regardless of the nature of the cause of action or basis of liability, even if such damages are foreseeable or Company has been advised of the possibility of such damages in advance.
Limitation and Exclusions. 12.1. The client acknowledges that Zop provides a very large number of advertising services and that errors may thus occur. Zop cannot provide the Advertising Services, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of Zop's undertaking to offer the Advertising Services for the Fees agreed upon.
Limitation and Exclusions. Tall Maple will use commercially reasonable efforts commensurate with the then applicable industry standards to provide Support in a professional and workmanlike manner, but Tall Maple does not guarantee that every question or problem raised by Customer will be resolved. Support and Maintenance Services will only be provided for the most current version of the Source Materials and the version of the Source Materials released immediately prior to such current version. Support and Maintenance Services for the Source Materials prior to the current version will be for a period up to one (1) year from the release date of the current version. Notwithstanding anything else herein, Support and Maintenance Services do not include services requested in connection with any Exclusions (defined below) or otherwise as a result of causes or errors that are not attributable to Tall Maple or cannot be reproduced by Tall Maple on unmodified Source Materials. In the event that Customer requests Tall Maple to provide, and Tall Maple does provide, any on-site services or any services in connection with Exclusions or any causes or errors which are not attributable to Tall Maple, Customer shall pay Tall Maple for such services on a time and materials basis at Tall Xxxxxx Standard Rates and reimburse Tall Maple for any travel and lodging expenses incurred in connection with such on-site services. Notwithstanding the foregoing, during any Support and Maintenance Period as an added benefit to Customer, Tall Maple agrees to provide the first 50 hours of support relating to any Exclusion(s) at no charge to Customer; thereafter, any such support/services shall be provided at Tall Maple’s Standard Rates.
Limitation and Exclusions. 7.4.1 The duty of the Seller and the Seller Parent to indemnify pursuant to Section 7.1(i) and Section 7.1(ii) relating to breaches of the covenants in Sections 9.1.2 and 9.1.3, in each case after first applying Section 7.3, shall (except as provided pursuant to Section 7.4.3) only apply if the total amount of all Indemnifiable Losses exceeds an aggregate amount of one million five hundred thousand Euros (1,500,000 EUR) such amount representing a triggering threshold (seuil de déclenchement) and not a deductible amount (franchise), and, once such triggering threshold has been reached, only the portion of the relevant Indemnifiable Losses in excess of five hundred thousand Euros (500,000 EUR), such amount representing a deductible amount (franchise), shall be due by the Seller and the Seller Parent to the Purchaser. Any individual Indemnifiable Loss which is less than seventy five thousand Euros (75,000 EUR) shall not be taken into account for the calculation of such triggering threshold and deductible amounts; provided that any series of Claims in relation to Indemnifiable Losses arising out of substantially identical facts or circumstances shall be aggregated for the purpose of calculating such amounts. For the avoidance of doubt, any Indemnifiable Loss paid by the Seller Parent or the Seller under the specific indemnities set forth in Section 7.2 (Specific Indemnification by the Seller and the Seller Parent) shall not be taken into account for the calculation of such triggering threshold and deductible amounts.
Limitation and Exclusions. The Long Term Disability benefit will not be paid if disability from: - intentionally self-inflected injuries, - any condition for which the member is not under treatment by a physician, - committing or attempting to commit a criminal offence, - civil disorder or war, - the use of drugs or alcohol unless the member is certified as being actively supervised by and receiving continuing treatment from a rehabilitation center or a provincially designated institution, - any condition for which a member received medical attention, consultation, diagnosis or treatment, during the 12 months before insured, if the disability is related to this condition and begins with 12 months of the member becoming insured, unless, after becoming insured, the member has been actively working for 3 consecutive months with no absence related to such condition.
Limitation and Exclusions. CALL-ONE® will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. CALL-ONE®’s aggregate liability to The Customer, any end user of The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL CALL-ONE®, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH CALL- ONE®’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT CALL- ONE® WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
Limitation and Exclusions. EXCEPT FOR LIABILITY ARISING OUT OF SECTION 10, A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 6, THE PARTIES AGREE THAT A PARTY'S TOTAL AND CUMULATIVE LIABILITY TO THE OTHER PARTY FOR ANY OR ALL OF SUCH PARTY'S LOSSES OR INJURIES ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NELIGENCE), BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS CUMULATIVE LIMIT. FURTHERMORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE, AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
