Limitations not applicable Sample Clauses

Limitations not applicable. For the avoidance of doubt, the limitations on liability set out in clause 10 (limitations on claims against Seller), clause 17.3(a)(ii) (10 years) and clause 17.15 (USD35 million) do not apply to the liability of Harmony Gold under this clause 16.
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Limitations not applicable. Notwithstanding anything to the contrary set forth in this Agreement, none of the limitations set forth in this Article VIII, whether time-based, monetary or otherwise, including the survival periods set forth in Section 8.01 and the limitations in Section 8.04, shall apply to any claims for Fraud.
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Limitations not applicable. None of the limitations (whether monetary, temporal or otherwise) set forth in this Article XI shall apply to any Damages, or any indemnification obligations relating thereto, resulting from the fraud or intentional misconduct of any Party.
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Limitations not applicable. 3.1 In the event of a breach of a Warranty set out in paragraphs 1.2(a), 1.3, 1.4, 1.5, 1.9, 1.10, 1.11 and 4 of Schedule 4 (including any such Warranty as repeated in accordance with subclause 7.1), none of the limitations set out in this Schedule 5 shall apply.
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Limitations not applicable. 11.5.1 The limitations of the liability set out in Clause 11.1, 11.2, 11.3 and 11.4 shall not apply to (i) Claims against the Seller for breach arising out of or as a result of actual fraud, wilful misrepresentation, gross negligence or wilful misconduct on the part of a Seller, (ii) Claims for breach of the Basic Warranties, (iii) Claims for breach of Clause 8.15 or (iv) Claims for breach of Clauses 8.7.2, 8.20.2 or 8.21.2.
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Related to Limitations not applicable

  • Not Applicable c. The rate of interest applicable to each such Eligible Investment . . . . . . . . . . . . . . . .

  • Section 203 of the DGCL Not Applicable The Board of Directors of Seller has taken all actions so that the restrictions contained in Section 203 of the DGCL applicable to a "business combination" (as defined in Section 203) will not apply to the execution, delivery or performance of this Agreement or the consummation of the Merger or the other transactions contemplated by this Agreement.

  • Restrictions and Limitations (a) Except as hereinafter provided, no officer or Trustee of the Trust, no officer, director, or stockholder (or partner of a stockholder) of the investment adviser of the Trust (as that term is defined in the 0000 Xxx) or of any underwriter of the Trust, and no investment adviser or underwriter of the Trust shall take long or short positions in the securities issued by the Trust. The foregoing provision shall not prevent the purchase from the Trust of shares of any series issued by the Trust by any person at the price available to shareholders of the Trust generally at the time of such purchase, or as described in the current Prospectus of the Trust, or prior to commencement of the public offering of shares of the Trust, at the net asset value of such shares.

  • Limitation on Restrictions The Borrower will not, and it will not permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any consensual restriction on the ability of any such Restricted Subsidiary to (a) pay dividends or make any other distributions on its capital stock or other Equity Interests owned by the Borrower or any other Restricted Subsidiary, (b) pay or repay any Indebtedness owed to the Borrower or any other Restricted Subsidiary, (c) make loans or advances to the Borrower or any other Restricted Subsidiary, (d) transfer any of its Property to the Borrower or any other Restricted Subsidiary, (e) encumber or pledge any of its assets to or for the benefit of the Administrative Agent or (f) guaranty the Obligations, Hedging Liability and Funds Transfer Liability, Deposit Account Liability and Data Processing Obligations, except for, in each case:

  • Specific Limitations No Member shall have the right or power to: (a) withdraw or reduce such Member’s Capital Contribution except as a result of the dissolution of the Company or as otherwise provided by law or in this Agreement; (b) make voluntary Capital Contributions or to contribute any property to the Company other than cash; (c) bring an action for partition against the Company or any Company assets; (d) cause the termination and dissolution of the Company, except as set forth in this Agreement; or (e) upon the Distribution of its Capital Contribution require that property other than cash be distributed in return for its Capital Contribution. Each Member hereby irrevocably waives any such rights.

  • Limitations Use of the amounts contained in this Negotiation Agreement are subject to any statutory or administrative limitations and, when ultimately allocated to individual grants or contracts through the indirect cost proposals of each county department, are applicable only to the extent that funds are available. Acceptance of the amounts agreed to herein is predicated on the conditions: (1) that no costs other than those incurred by the county were included for distribution in its Countywide Cost Allocation Plan as finally accepted, and that such costs are legal obligations of the county and allowable under the governing cost principles; (2) that similar types of costs have been accorded consistent accounting treatment; and (3) that the information provided by the county and used as the basis for acceptance of the amounts agreed to herein is not subsequently found to be materially incomplete or inaccurate.

  • Exceptions to Limitations These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.

  • Certain Limitations The indemnification provided for in Section 8.02 and Section 8.03 shall be subject to the following limitations:

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