Limitation of Obligations. Notwithstanding any other provision of this Guaranty, each Guarantor’s obligation to pay the amount guaranteed by each Guarantor hereunder shall be limited to the extent, if any, required so that its obligations hereunder shall not be subject to avoidance under Section 548 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law.
Limitation of Obligations. Communications
21.1 Interactive is not liable to the Customer for any delays, loss or liability suffered by the Customer where a system or the Services become unavailable due to a communication network failure, or other such causes, beyond the control of Interactive.
Limitation of Obligations. Except to use the same standard of care that it ordinarily uses for collateral for its sole benefit, Administrative Agent has no obligation whatsoever to any Lender or to any other Person to assure that the Collateral exists or is owned by any Company or is cared for, protected, or insured or has been encumbered or that the Lender Liens have been properly or sufficiently or lawfully created, perfected, protected, or enforced or are entitled to any particular priority.
Limitation of Obligations. (a) The provisions of this Agreement are severable, and in any action or proceeding involving any applicable law affecting the rights of creditors generally, if the Obligations of Grantor under this Agreement would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Grantor’s liability under this Agreement, then, notwithstanding any other provision of this Agreement to the contrary, the amount of such liability shall, without any further action by Grantor or Secured Party, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being Grantor’s “Maximum Liability”).
(b) Notwithstanding any or all of the Secured Obligations becoming unenforceable against Grantor or the determination that any or all of the Secured Obligations shall have become discharged, disallowed, invalid, illegal, void or otherwise unenforceable as against Grantor (whether by operation of any present or future law or by order of any court or governmental agency), the Secured Obligations shall, for the purposes of this Agreement, continue to be outstanding and in full force and effect.
Limitation of Obligations. Neither party shall have any obligation with respect to any portion of such Confidential Information which:
(i) was known to it prior to receipt from the other party,
(ii) is lawfully obtained by either party from a third party under no obligation of confidentiality or
(iii) is or becomes publicly available other than as a result of any act or failure to act of the receiving party.
Limitation of Obligations. Parent(s) acknowledge and understand that MLJ’s responsibilities to Parent(s) are limited by MLJ’s obligation to ensure that adoptions happen in the best interests of children and occur in an ethical manner. Nothing in this Agreement obligates MLJ to provide favorable determination regarding Parent(s) or favorable determinations or consents regarding the Child. MLJ further may terminate this Agreement at any time should MLJ deem at its sole discretion that the adoption is no longer in the best interests of the Child.
Limitation of Obligations. (a) The Parties acknowledge that Seller has entered into this Agreement with the anticipation of receiving the Additional Consideration provided for in Section 2.2(b).
Limitation of Obligations. 13.1 Interactive is not liable to the Customer for any delays, loss or liability suffered by the Customer where a system or the Services become unavailable due to a communication network failure, or other such causes, beyond the control of Interactive.
13.2 Interactive will not be responsible for the health, functionality or availability of data connectors released by Microsoft while they remain in ‘preview mode’. Interactive may deploy these at the Customers request only and be engaged to maintain these under a separate time and materials engagement.
Limitation of Obligations. A Finance Party is not obliged to take any steps under Clause 16.1 (Mitigation) if, in the opinion of that Finance Party (acting reasonably), to do so might be prejudicial to it.
Limitation of Obligations. Notwithstanding anything herein to the contrary, the obligations of the Guarantor for the Guaranteed Payments shall be limited to 24% of the Guaranteed Payments that are outstanding at the time demand for payment thereof is made, without regard to or taking into account any demand upon, or payment or contribution by, any other Obligor with respect to such Guaranteed Payments.
