Limitation of Obligation. A. Upon execution of the Contract for the Work, one hundred percent (100%) of the Contract Sum will be made available for payment and allotted to the Contract. Changes in the Contract amount may be made only by written Contract Change Order, approved and executed by the OWNER and the Contractor.
B. No claims for further compensation or extensions of time, whether for delay, overhead, profit, fees, acceleration, force majeure, disruption, impact, or any other reason whatsoever, shall be made by the Contractor as a result of the change contained in such Contract Change Order, as payments and extensions of time specified thereunder shall constitute payment in full for the Work as altered therein; and OWNER shall never be obligated in any event to pay or reimburse Contractor in excess of the Contract amount as revised by such approved Contract Change Order.
C. The terms and provisions of this Article entitled “Limitation of Obligation” shall control where in conflict with any other terms or provisions of the Contract, however, nothing in this Article shall be construed to deny the OWNER’s unilateral right to suspend or terminate work under the applicable provisions of the Contract.
Limitation of Obligation. Payments on account of costs shall not in the aggregate exceed the amount of funds presently obligated hereunder.
Limitation of Obligation. Notwithstanding anything to the contrary in Section 4.01(b) and 6.07, the Servicer shall have no obligation with respect to any agreement, instrument or document that becomes an Asset Document, or any such amendment, modification or termination, until the date that a copy of the agreement, instrument or document constituting such Asset Document, or setting forth the terms of such amendment, modification or termination, is received by the Servicer.
Limitation of Obligation. Sandia shall not be obligated to pay the Contractor any amount in excess of the ceiling price set forth in Section I and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in Section I, unless and until the SCR shall have notified the Contractor in writing that such ceiling price has been increased and shall have specified in such notice a revised ceiling which shall thereupon constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in Section I has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price prior to the increase shall be allowable to the same extent as if such hours expended and material costs had been incurred after such increase in the ceiling price.
Limitation of Obligation. Notwithstanding the provisions of Section 11.1 hereof, Supplier shall have no liability whatsoever to Distributor with respect to any patent infringement or claim thereof which is based upon or arises out of (i) the use of any Product in combination with an apparatus or device not manufactured or supplied by Supplier, if such combination causes or contributes to the infringement, (ii) the use of any Product in a manner for which it was neither designed nor contemplated, or (iii) any modification of any Product by Distributor or any third party which causes the Product to become infringing. Section 11.1 hereof states the entire liability of Supplier for or arising out of any patent infringement or claim thereof with respect to Products furnished to Distributor under this Agreement.
Limitation of Obligation. Notwithstanding anything contained in this Guaranty to the contrary, the obligations of each Guarantor hereunder shall in no event exceed, at any time, the greater of (i) the aggregate amount of proceeds theretofore received by or for the account of the Guarantor from the proceeds of the loans, advances or other financial accommodations from time to time made by the Lender to or for the account of the Borrowers minus the aggregate of all prior payments made by such Guarantor pursuant to this Guaranty and (ii) ninety-five percent (95%) of the lowest amount sufficient to (1) render such Guarantor "insolvent", as that term is defined in Section 101(31) of the Bankruptcy Code, Section 4 of the Uniform Fraudulent Conveyance Act ("UFCA"), Section 2 of the Uniform Fraudulent Transfer Act ("UFTX') or any other similar fraudulent conveyance or transfer law or statute, (2) leave such Guarantor with "unreasonably small capital", as that term is defined in Section 548(a)(2)(ii) of the Bankruptcy Code or used in Section 5 of the UFCA or any other similar fraudulent conveyance or transfer law or statute, (3) leave such Guarantor with "unreasonably small" assets "in relation to the business or transaction" as provided in Section 4(a)(2)(i) of the UFTA or (4) leave such Guarantor unable to pay its debts as they mature within the meaning of Section 548(a)(2)(iii) of the Bankruptcy Code, Section 6 of the UFCA, Section 4(a)(2)(ii) of the UFTA or any other similar fraudulent conveyance or transfer law or statute.
Limitation of Obligation. A. Upon execution of the Contract for the Work, one hundred percent (100%) of the Contract Sum will be made available for payment and allotted to the Contract. Changes in the Contract amount may be made only by written Contract Change Order, approved and executed by the OWNER and the Contractor.
Limitation of Obligation. Notwithstanding the provisions of Section 9.1 hereof, OTI shall have no liability whatsoever to DISTRIBUTOR with respect to any patent infringement or claim thereof which is based upon or arises out of (i) the use of any Product in combination with an apparatus or device not manufactured or supplied by OTI, if such combination causes or contributes to the infringement, (ii) the use of any Product in a manner for which it was neither designed nor contemplated, or (iii) any modification of any Product by DISTRIBUTOR or any third party which causes the Product to become infringing. Section 9.1 hereof states the entire liability of OTI for or arising out of any patent infringement or claim thereof with respect to Products furnished to DISTRIBUTOR under this Agreement.
Limitation of Obligation. The amount hereby allotted to cover performance of this Agreement is [*], which is estimated to permit performance through 3-31-07. Any work performed in excess of the stated maximum amount shall be at the Seller’s risk.
Limitation of Obligation. It is expressly agreed that all obligations of each Party under this Agreement, including but not limited to any indemnification obligations, shall be payable solely in accordance with applicable federal, state and municipal laws, ordinances and regulations.
