Limitations of Obligations. The restrictions in section 9.2 above shall not apply to information that: Connectathon Sponsor in the public domain; Was public knowledge at the time of its receipt; Became public knowledge after its receipt without breach of this agreement by the undersigned Participant; Was rightfully disclosed to the Participant by a third party without an obligation of confidentiality; Is provably independently developed by the undersigned Participant's personnel without access to the confidential information; Is required to be disclosed pursuant to a legal, judicial or administrative proceeding or by law; or Is approved for release by the prior written authorization of the Connectathon Sponsor and the entities, if any, who own the information.
Limitations of Obligations. Without limiting Buyer’s obligations under Section 2.07(d), Parent and the Sellers acknowledge that, after the Closing, Buyer and its Affiliates shall exercise operational control of the Business and Purchased Assets. Subject to Buyer’s obligations under Section 2.07(d), Parent and the Sellers acknowledge that the future development, use and/or commercialization activities of the Company Products and the Business are to be conducted by Buyer and its Affiliates in accordance with their own business judgment and in their sole and absolute discretion. Subject to compliance with Section 2.07(d) and Section 2.07(f), Parent and the Sellers further acknowledge that: (i) as between the parties, Buyer and its Affiliates will have complete control and sole and absolute discretion with respect to decisions concerning such activities as well as the conduct of the Business, (ii) such control and discretion over such activities and the conduct of the Business by or under the authority of Buyer and its Affiliates could have a material adverse effect upon any amount of the Revenue Milestone Payments, (iii) such control and discretion by Buyer and its Affiliates over the matters set forth in clauses (i) and (ii) above could result in Parent receiving no amounts whatsoever with respect to Revenue Milestone Payments, and (iv) Buyer and its Affiliates have no fiduciary duty or express or implied duty to Parent or the Sellers with respect to Net Revenue or the Revenue Milestone Payments. Notwithstanding anything to the contrary in Section 2.07(d)(ii), Buyer shall not be prohibited from developing, marketing or selling other products or services or conducting any other activities that may compete with any Company Products.
Limitations of Obligations. Notwithstanding anything to the contrary ---------------------------- contained herein, all representations, warranties, covenants and indemnities made by Sellers hereunder shall be limited only to the Interests conveyed hereby.
Limitations of Obligations. No obligations shall arise from this agreement for the parties to provide specific INFORMATION to each other, to use the INFORMATION so provided in a product, to warrant the accuracy, usability and/or completeness of the INFORMATION provided, and/or to grant a contracting party licenses in and to intellectual property rights or copyrights beyond the right of use provided for in this agree- ment. Further, the disclosing party does not warrant that the application or use of INFORMATION does not infringe upon third party rights nor that such application or use will not result in other damage. The disclosing party shall not be liable for damage caused by infringement upon third party rights or other damage.
Limitations of Obligations. 30.1. The obligation of this Lease shall bind and benefit the successors and assigns of the parties with the same effect as if mentioned in each instance where a party is named or referred to except that the provisions of this Article shall not be construed as modifying the conditions of limitation contained in Article XXII. However, the obligations of Landlord under this Lease shall not be binding upon Landlord herein named with respect to any period subsequent to the transfer of its interest in the Building, and/or Land as owner or lessee thereof and in the event of such transfer said obligations shall thereafter be binding upon each transferee of the interest of Landlord herein named as such owner or lessee of the Building, but only with respect to the period ending with a subsequent transfer within the meaning of this Article.
30.2. If Landlord shall be an individual, joint venture, tenancy in common, co partnership, unincorporated association or other unincorporated aggregate of individuals and/or entitled or a corporation, Tenant shall look only to such Landlord's estate and property in the Building, and/or Land (or the proceeds thereof) for the satisfaction of Tenant's remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default by Landlord hereunder, and no other property or assets of such Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant's remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder to Tenant's use or occupancy of the Demised Premises.
Limitations of Obligations. The obligations of a Party under this Agreement are the obligations of that Party only and no recourse shall be available against any other person or entity, including without limitation, any officer, director or member of a Party or any subsidiary, affiliate or parent of a Party or any certificate holders or lenders of HDPT, the trustee of HDPT’s certificate holders and lenders, or agents of HDPT’s lenders or certificate holders, except to the extent any such person or entity has agreed to provide Credit Support in a form acceptable to SCE pursuant to Section 7 hereof. The obligations and liabilities of Generator hereunder shall be solely those of Generator, and its obligations and liabilities to make payments hereunder shall not extend beyond the assets of Generator, except as may be permitted to seek Credit Support as provided above; provided, however, the foregoing limitation on the obligations and liabilities of Generator shall not be construed as a limitation on any claim against Generator on account of any fraud or willful misconduct on the part of Generator.
Limitations of Obligations. The provisions of Sections 4 and 5 of this Agreement shall terminate with respect to any Confidential Information at such time as such Confidential Information:
(a) becomes generally available to the public without any breach of this Agreement;
(b) is disclosed to the Receiving Party by a third party who is not under any obligation to keep such Confidential Information confidential; or
(c) is independently developed by personnel of the Receiving Party who have not had access to any of the Confidential Information, as evidenced by the Receiving Party’s contemporaneously-kept written records.
Limitations of Obligations. In the last sentence, after "Buyer's personnel" insert "other than Buyer's representative".
Limitations of Obligations. NCM shall not have any liability to Network Affiliate under this Section 10.3 for any alleged infringement based in any part on: (i) any Service content or Confidential Information supplied by or on behalf of Network Affiliate; (ii) the combined use of the NCM Property with software or hardware products or other technology or materials not provided or owned by NCM; (iii) additions or modifications to the NCM Property not made by NCM; (iv) use or installation of the NCM Property in accordance with designs or specifications not provided by NCM; or (v) use of any legacy or superseded version of NCM Property if such infringement would have been avoided by use of a more recent version of the NCM Property made available to Network Affiliate. The obligations under this Section 10.3 state the entire liability of NCM and are Network Affiliate’s sole and exclusive remedies, with respect to intellectual property infringement.
Limitations of Obligations. The restrictions in section 9.2 above shall not apply to information that: Appears in printed publications distributed by theConnectathon Sponsor in the public domain; Was public knowledge at the time of its receipt; Became public knowledge after its receipt without breach of this agreement by the undersigned Participant; Was rightfully disclosed to the Participant by a third party without an obligation of confidentiality; Is provably independently developed by the undersigned Participant's personnel without access to the confidential information; Is required to be disclosed pursuant to a legal, judicial or administrative proceeding or by law; or Is approved for release by the prior written authorization of the Connectathon Sponsor and the entities, if any, who own the information.
