Limitations and Waiver Sample Clauses

Limitations and Waiver. Except as expressly set forth in this Section 18, neither Party shall be liable for any special, consequential, incidental or indirect losses, or damages arising under a Contract or for any punitive, exemplary, statutory or multiple damages, all of which damages are expressly excluded and limited under this Contract. Any claim concerning the quantity or quality of any Product delivered shall be irrevocably waived unless made by written notice delivered promptly upon discovery of such dispute, but in no event no later than ninety (90) days after the delivery of Product in issue.
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Limitations and Waiver. The Company shall not, however, be required to reimburse or indemnify any County Indemnitee for any Loss-and-Expense to the extent caused by the negligence or willful misconduct of any County Indemnitee. A County Indemnitee shall promptly notify the Company of the assertion of any claim against it for which it is entitled to be indemnified hereunder, and the Company shall have the right to assume the defense of the claim in any Legal Proceeding and to approve any settlement of the claim. In the event a court of competent jurisdiction determines that this Contract is subject to RCW 4.24.115, then (a) the Company’s obligations to indemnify the County Indemnitees hereunder for any Loss-and-Expense arising out of bodily injury to persons or damage to property caused by or resulting from concurrent negligence of the Company and the County Indemnitee shall be limited to the Company’s negligence, and (b) in the event of joint or concurrent negligence of the Parties giving rise to a Loss-and-Expense incurred by either or both Parties, each Party shall have the right of contribution against the other, subject to the indemnification provisions hereunder. The Parties acknowledge that the indemnification obligations provided under this Section constitutes the Company’s waiver of immunity under industrial insurance, Title 51 RCW, solely for purposes of indemnification hereunder, and that such waiver has been mutually negotiated by the Parties. Except as otherwise expressly stated in this Section, the Parties do not waive or surrender any indemnity rights available under Applicable Law. The indemnification provisions set forth hereunder are for the protection of the County Indemnitees only and shall not establish, of themselves, any liability to third parties.
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Related to Limitations and Waiver

  • Time Limitation and Waiver Grievances shall not be valid for consideration unless the grievance is submitted in writing to the School District’s designee, setting forth the facts and specific provision(s) of the Agreement allegedly violated and the particular relief sought, within twenty (20) days after the event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. An effort shall first be made to adjust an alleged grievance informally between the employee and the School District’s designee. By written mutual agreement, the parties may waive any step and/or extend any time limits of the grievance procedure.

  • Modifications and Waivers No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

  • Modification and Waiver No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver.

  • Amendments and Waiver No modification of or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived.

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

  • Severability and Waiver (a) If one or more provisions of this Agreement are held invalid, illegal or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions shall not in any way be affected or impaired.

  • Amendments and Waivers (a) If the ICANN Board of Directors determines that an amendment to this Agreement (including to the Specifications referred to herein) and all other registry agreements between ICANN and the Applicable Registry Operators (the “Applicable Registry Agreements”) is desirable (each, a “Special Amendment”), ICANN may adopt a Special Amendment pursuant to the requirements of and process set forth in this Section 7.6; provided that a Special Amendment may not be a Restricted Amendment.

  • VARIATION AND WAIVER No variation or waiver of this Agreement shall be effective unless it is in writing and signed by (or by some person duly authorised by) each of the parties. No single or partial exercise of, or failure or delay in exercising, any right under this Agreement shall constitute a waiver or preclude any other or further exercise of that or any other right.

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

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