Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.
Limitations and Exclusions. In the event of a dispute based on medical evidence between the member and the Plan Adjudicator concerning such member’s ability to perform alternative employment, the same shall be settled by referring the dispute to the “Specialized Grievance and Arbitration Mechanism pursuant to the Duty to Accommodate Framework Agreement” – Letter of Understanding #6. With the advance mutual agreement of both parties, an alternative process to deal with the dispute may be utilized.
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, xxxx, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by Xxxx-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-D...
Limitations and Exclusions. Services for which vision care coverage does not provide benefits include:
Limitations and Exclusions. The Company shall not be responsible for, and this limited warranty does not cover, any loss resulting from any of the following: • The use of other manufacturers’ products unless such products are specifically recommended or approved by the Company in writing in advance of their installation, in connection with the use of the Products. • Any repairs, replacements, penetrations, or alterations of the Products by any person or entity other than authorized representatives of the Company without prior written consent of the Company. • Water passing through any portion of a structure or building component other than directly through the Products due to a failure in the Products and/or connections between the Products (so long as the connections are Company Products), or any interior moisture, vapor, or condensation. • Construction, design, specification, storage, application, exposure, installation practices, use of the Products, or use of material, that is not in compliance with the Company’s published literature. • Unauthorized changes in the Products’ details or specifications for the project that were not reviewed and approved in advance by the Company in writing. • Failure to maintain the building and the Products with reasonable care. • Mold, mildew, insects, pests, fungi, algae, bacteria, air quality, and similar conditions. • Improper design, engineering, application installation or workmanship of any portion or component of the Products or the structure; or failure, distortion or structural movement of the walls, foundation, or any other portion or component of the structure, including, but not limited to, movement, cracking, deflection, settling of the building or movement of the framing members. • Impact with objects, hurricanes, tropical storms, tornadoes, high winds, hailstorms, earthquakes, sandstorms, floods, natural disasters, fires, vandalism, war, terrorism, animals, other similar acts of God or nature, force majeure events, or significant or unintended immersion or pooling of water. • Abuse, misuse, neglect, damage, or negligence by the Owner, the Applicator, the general contractor, or other trades performing work on the project, or any third party. • Change in principal usage or amount of usage of structure without prior written approval of the Company. • Intermixing of the Products with other chemicals or materials not specifically required by the Company’s specifications or application instructions. If, at the Owner’s request, the Company...
Limitations and Exclusions. The Warrantors shall not be liable under paragraph 1.1(a), (b) or (c) of this Schedule 9 (Tax Covenant) or for breach of the Tax Warranties to the extent that:
2.1 provision or reserve was made or reflected in the Net Working Capital Amount in respect of the liability in question or the liability in question was otherwise included in the computation of the Net Working Capital Amount;
2.2 the liability in question has been paid or discharged prior to Completion;
2.3 the liability in question arises or is increased as a result of: (i) any change in legislation (including a change in subordinate legislation) after Completion; (ii) a published change in the previously published position of any Tax Authority after Completion; (iii) a change after Completion in the clear weight of judicial authority interpreting legislation beyond which there is no right of appeal in the relevant jurisdiction; or (iv) or an increase in the rates of Tax after Completion, in each case not actually or prospectively in force or announced at the date of this Agreement. For the avoidance of doubt, a clarification of law, legislation or published practice, including a clarification of an issue or matter on which there was previously no clear guidance, shall not constitute a “change” for purposes of this paragraph 2.3;
2.4 the liability in question would not have arisen but for a voluntary act of any member of the Purchaser’s Tax Group at any time, but in the case of a Group Company after Completion, only in circumstances where the Purchaser knew or ought reasonably to have known that the liability in question would have arisen as a result of the voluntary act and where an alternative course of action was available that would have reduced or eliminated the liability, and which has been carried out otherwise than pursuant to a legally binding obligation (whether or not conditional) entered into by any Group Company on or before Completion. For the avoidance of doubt:
(a) any act carried out pursuant to any obligation under legislation or regulations relating to Tax or any other requirement imposed by a Tax Authority (including the filing of any Tax Return);
(b) any act carried out at the written request of, or with the written consent of, the Vendor or the Primary Indirect Interest Holders;
(c) any act carried out pursuant to this Agreement;
(d) any act occurring in the ordinary course of business of the relevant Group Company (as such business was carried on or before the date of this A...
Limitations and Exclusions. (i) Notwithstanding anything to the contrary in this Clause 15, if, at any time during the Term of this Agreement, the Buyer is a Government Owned Party, then Buyer may not claim an event of Force Majeure for any action or inaction of a Governmental Authority that prevents Buyer from complying with any obligation under this Agreement unless such action or inaction applies equally to all public and private entities doing business in India and was not undertaken by the Governmental Authority to benefit Buyer.
(ii) Where an act, event or circumstance that primarily affects a third party or third parties (including a Party’s construction or operating and maintenance contractors) prevents or delays a Party’s performance hereunder, such act, event or circumstance shall constitute Force Majeure hereunder as to such Party if, and only if, it is of a kind or character that, if it had happened to a Party, such act, event or circumstance would have come within the definition of Force Majeure under this Agreement. Force Majeure may be applicable for events or circumstances affecting Sellers’ Facilities or Buyer’s Facilities, or Transporter’s Facilities.
(iii) Notwithstanding anything to the contrary in this Clause 15, Force Majeure shall not include:
(A) any event or circumstance affecting facilities other than Sellers’ Facilities, Buyer’s Facilities, or Transporter’s Facilities;
(B) the breakdown or failure of machinery operated by the Affected Party to the extent caused by (1) normal wear and tear which could have been avoided by the exercise of reasonable care and diligence,
Limitations and Exclusions. Notwithstanding anything to the contrary in this SONIFI Limited Warranty, SONIFI has no obligation to perform any work, warranty service, Update, support, repair, replacement or maintenance associated with Equipment (including Covered Equipment), Documentation and Licensed Software, to the extent that SONIFI determines that a problem or failure is caused by: (a) the acts or omissions of Company or its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees, regardless of whether such acts or omissions are intentional, reckless, or negligent; (b) vandalism, theft or willful or negligent acts or omissions of Company, or any of its owners, partners, members, directors, officers, employees, agents, contractors, affiliates, guests or invitees; (c) Company’s failure to perform its obligations hereunder, including but not limited to following the site specifications in the SOW; (d) Premises renovations; (e) acts or omissions of third parties (other than SONIFI contractors or sub-contractors performing work under the SONIFI SORA Agreement or the SONIFI STAYCAST Agreement (if applicable) on SONIFI’s behalf); (f) changes in Company vendors or other Company agents, including without limitation any and all changes to Company’s Internet service and/or Internet circuit provider(s); (g) equipment, components, parts or software, such as televisions or Internet routers, purchased or licensed from or installed by any person or entity other than SONIFI, SONIFI contractors, SONIFI sub-contractors or an Approved Third-Party Financing Company; (h) misuse; (i) accidental damage, including but not limited to, contact with liquid, extreme heat, or foreign material; (j) limitations of technology; (k) modification, adjustment or alteration of any part of the Headend Equipment, the In-Room Equipment, the Documentation or the Licensed Software without SONIFI’s authorization; (l) unauthorized opening of or tampering with the Headend Equipment or the In-Room Equipment (including, by way of example and not limitation, any attempt to defeat a technical limitation or anti-piracy mechanism); (m) cosmetic damage to the Headend Equipment or the In-Room Equipment; (n) unreasonable or unapproved use or any use or installation inconsistent with Documentation and instruction; (o) use of parts or peripherals not recommended or approved by SONIFI; (p) damage caused by servicing not authorized by SONIFI; (q) damage caused by computer or Internet...
Limitations and Exclusions. The limitations and exclusions in this section apply to all pediatric vision benefits. Although HMO may list a specific service as a benefit, HMO will not cover it unless we determine it is necessary for the prevention, diagnosis, care or treatment of a covered condition. We do not cover the following: • any vision service, treatment or materials not specifically listed as a covered service; • services and materials that are Experimental/Investigational; • services and materials that are rendered prior to Your effective date; • services and materials incurred after the termination date of Your coverage unless otherwise indicated; • services and materials not meeting accepted standards of optometric practice; • services and materials resulting from Your failure to comply with professionally prescribed treatment; • telephone consultations; • any charges for failure to keep a scheduled appointment; • any services that are strictly cosmetic in nature including, but not limited to, charges for personalization or characterization of Prosthetic Appliances; • office infection control charges; • charges for copies of Your records, charts, or any costs associated with forwarding/mailing copies of Your records or charts; • state or territorial taxes on vision services performed; • medical treatment of eye disease or injury; • visual therapy; • special lens designs or coatings other than those described in this benefit; • replacement of lost/stolen eyewear; • non-prescription (Plano) lenses; • non-prescription sunglasses; • two pairs of eyeglasses in lieu of bifocals; • services not performed by licensed personnel; • prosthetic devices and services; • insurance of contact lenses; • Professional Services You receive from immediate relatives or household members, such as a spouse, parent, child, brother or sister, by blood, marriage or adoption; • orthoptic or vision training; • aniseikonic spectacle lenses. You may visit any Participating Provider and receive benefits for a vision examination and covered Vision Materials. Before You go to a Participating Provider for an eye examination, eyeglasses, or contact lenses, please call ahead for an appointment. When You arrive, show the receptionist Your identification card. If You forget to take Your card, be sure to say that You are a Member of the HMO vision care plan so that Your eligibility can be verified. For the most current list of Participating Providers visit the website at xxx.xxxxxx.xxx. You may also refer to You...
Limitations and Exclusions. IN NO EVENT SHALL SPIRENT OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES OR LIABILITY RELATING TO INTERRUPTION OF SERVICE, COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, LOST PROFITS, OR LOSS OF DATA), INCURRED BY THE CUSTOMER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY AND REGARDLESS OF WHETHER OR NOT SPIRENT OR ITS SUPPLIERS WERE ADVISED SUCH DAMAGES MIGHT ARISE.
