Limitations Generally. We reserve the right to impose dollar, volume, activity, exposure or other limitations on card transactions, and to change them at any time. We may increase dollar or other limitations for one or more cards or card transactions upon request by any person who is an authorized signer on the linked account. You accept the risks associated with this possibility of higher dollar or other limitations.
Limitations Generally. The following are not covered by this MA, but may be separately available at rates and on terms which may vary from those described herein:
Limitations Generally. Agent shall not be liable to any Secured Party for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by Agent’s gross negligence or willful misconduct. Agent does not assume any responsibility for any failure or delay in performance or any breach by any Obligor, Lender or other Secured Party of any obligations under the Loan Documents. Agent does not make to Secured Parties any express or implied warranty, representation or guarantee with respect to any Obligations, Collateral, Loan Documents or Obligor. No Agent Indemnitee shall be responsible to Secured Parties for any recitals, statements, information, representations or warranties contained in any Loan Documents; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectability, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectability of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account Debtor. No Agent Indemnitee shall have any obligation to any Secured Party to ascertain or inquire into the existence of any Default or Event of Default, the observance or performance by any Obligor of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.
Limitations Generally. 22. You agree that We cannot accept any liability for Our failure to report a Building Defect that was concealed by the owner of the building being inspected and You agree to indemnify Us for any failure to find such concealed defects.
Limitations Generally. To the maximum extent permitted by law, except in the case of OneStream’s gross negligence, willful misconduct, indemnification obligation, or breach of OneStream’s obligations under Section 8, regardless of the basis of recovery claimed, whether in contract, tort, negligence, strict liability or other theory:
Limitations Generally. 20. Nothing contained in the Report will imply that any accessible or partly accessible area(s) or section(s) of the property are not, or have not been, infested by termites or other timber pests. Accordingly the Report WILL NOT GUARANTEE that an infestation and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor can it guarantee that future infestation of Timber Pests will not occur or be found.
Limitations Generally. 12.1.1 EACH PARTY’S AGGREGATE LIABILITY FOR LOSSES UNDER AND RELATED TO THIS AGREEMENT AND ITS SUBJECT MATTER FOR ALL EVENTS, ACTS OR OMISSIONS OCCURRING DURING THE TERM SHALL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (X) FEES PAID OR PAYABLE UNDER THIS AGREEMENT BY PRUDENTIAL TO SERVICE PROVIDER DURING THE 12- CONSECUTIVE-MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE EVENTS, ACTS OR OMISSIONS GIVING RISE TO SUCH LOSS, WHETHER BASED ON ONE OR MORE ACTIONS OR CLAIMS IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, OR OTHERWISE OR (Y) $16,000,000.
Limitations Generally. (a) The Independent Engineer has authority to act under the ARCA and this Agreement only where and to the extent that the ARCA or this Agreement expressly provides. The Independent Engineer is required to deliver its reports, opinions and other deliverables within the time periods set forth in the ARCA and this Agreement.
