Limitations on Remedy Sample Clauses

Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, all actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
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Limitations on Remedy. All actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
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Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.
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Limitations on Remedy. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAPID BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, SUSTAINED BY LICENSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT, CAUSED BY OR RELATED TO THE SOFTWARE OR DOCUMENTATION, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT RAPID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SET FORTH IN THE TERMS, TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAPID’S AGGREGATE LIABILITY TO LICENSEE FOR DAMAGES OF ANY TYPE ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING THIS AGREEMENT) EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR PRODUCTS HEREUNDER. RAPID SHALL HAVE NO LIABILITY WHATSOEVER, AND DISCLAIMS ALL LIABILITIES, UNDER THIS AGREEMENT WITH RESPECT TO THE SOFTWARE.
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Limitations on Remedy. To obtain remedies under HOC’s warranty Customer must (i) give prompt written notice to HOC, of warranty defect or nonconformance and identify the Product for which notice is given, and (ii) return all Products claimed to be defective or nonconforming to HOC, FOB HOC’s Plant, promptly after such notice, but in no event later than thirty (30) days after such notice has been given.
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Limitations on Remedy. Except for claims or other matters relating to Working Capital, any Stockholders Limitation Exception, any Parent Limitation Exception or the Escrow Agreement or Escrow Fund Amount (including asserting rights thereto), the remedies provided for in this Article VII (and as limited by this Article VII) shall be the sole basis for making a claim for damages against any party to this Agreement with respect to matters for which indemnification is available under Section 7.2 or Section 7.3. However, neither this limitation nor any other provision of this Article VII is intended to or will be construed to limit any party’s ability to obtain specific performance with respect to any obligation of the other party or parties and each party to this Agreement shall be entitled to specifically enforce the obligations of each other party in this Agreement to the maximum extent permitted by Law.
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Limitations on Remedy. The amount of any Losses for which indemnification is provided to a party under this Article X shall be reduced to take account of any net tax benefit and shall be increased to take account of any net tax detriment realized by such party which arises from the incurrence or payment of any such Losses or from the receipt of any such indemnification payment and shall be reduced by the insurance proceeds received and any other amount recovered, if any, by the Indemnified Party (or its Affiliates) with respect to any Losses. If any Indemnified Party (or its Affiliates) shall have received any payment pursuant to this Article X with respect to any Loss and shall subsequently have received insurance proceeds or other amounts with respect to such Loss, then such Indemnified Party (or its Affiliates) shall promptly pay over to the Indemnifying Party the amount so recovered (after deducting the amount of the expenses incurred by it in procuring such recovery), but not in excess of the amount previously so paid by the Indemnifying Party. The sole and exclusive remedies of any party to this Agreement for any claim hereunder against any other party hereto shall be the indemnification provided in this Article X or elsewhere in this Agreement, and each party agrees that it will not pursue any other remedy with respect thereto, except with respect to claims arising pursuant to Section 9.2 or except for any remedies contemplated under Article XI hereof. All indemnification payments made under this Article X shall be treated for tax purposes as adjustments to the Purchase Price. In the event that one party shall be obligated to indemnify an Indemnified Person pursuant to this Article X, the Indemnifying Party shall, upon payment of such indemnity in full, be subrogated to all rights of the Indemnified Person with respect to such loss.
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Related to Limitations on Remedy

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • Limitations on Liability The Owner Trustee will not be liable under the Transaction Documents, including for the following actions, except (a) for its own willful misconduct, bad faith or negligence (except for errors in judgment) or (b) if a representation or warranty in Section 6.6 is not true and correct as of the Closing Date: (i) the Owner Trustee will not be liable for any action taken or not taken by it (A) according to the instructions of the Noteholders of a majority of the Note Balance of the Controlling Class, the Indenture Trustee, the Depositor, the holder of the Residual Interest, the Administrator or the Servicer or (B) in good faith which it believes to be authorized or within its rights and powers under this Agreement so long as the action taken or not taken does not amount to negligence; (ii) the Owner Trustee will not be liable for indebtedness evidenced by or created under the Transaction Documents, including the principal of and interest on the Notes or amounts distributable to the holder of the Residual Interest; (iii) the Owner Trustee will not be liable for (A) the validity or sufficiency of this Agreement, (B) the due execution of this Agreement by the Depositor, (C) the form, genuineness, sufficiency, value or validity of the Trust Property, (D) the validity or sufficiency of the other Transaction Documents, the Notes or related documents, (E) the legality, validity and enforceability of a Receivable, (F) the perfection and priority of a security interest created by a Receivable in a Financed Vehicle or the maintenance of any perfection and priority, (G) the sufficiency of the Trust Property or the ability of the Trust Property to generate the amounts necessary to make payments to the Noteholders under the Indenture or distributions to the holder of the Residual Interest under this Agreement or (H) the accuracy of a representation or warranty made under a Transaction Document (other than the representations and warranties made by the Owner Trustee in Section 6.6); (iv) the Owner Trustee will not be liable for the default or misconduct of the Servicer, the Administrator, the Depositor, the holder of the Residual Interest or the Indenture Trustee under the Transaction Documents or for any action taken by the Indenture Trustee, the Administrator or the Servicer in the name of the Owner Trustee; (v) the Owner Trustee will not be responsible or liable for special, punitive, indirect or consequential damages (including lost profit), even if the Owner Trustee has been advised of the likelihood of the loss or damage and regardless of the form of action; or (vi) the Owner Trustee will not be responsible or liable for a failure or delay in the performance of its obligations under this Agreement from or caused by, directly or indirectly, forces beyond its control, including strikes, work stoppages, acts of war, terrorism, civil or military disturbances, nuclear catastrophes, fires, floods, earthquakes, storms, hurricanes or other natural catastrophes and interruptions, loss or failures of mechanical, electronic or communication systems, pandemics or epidemics; the Owner Trustee will use reasonable efforts consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

  • Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

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