Limitations on SI Right to Bring Claims Sample Clauses

Limitations on SI Right to Bring Claims. In light of the MTA's assumption of liability for the actions or inactions of the other MTA Group entities pursuant to Section 2.4.5.1 (MTA Assumption of Liability for MTA Group Actions) and the MTA Group's status as third-party beneficiaries, the SI agrees that: (i) any SI claim or cause of action of whatever nature (including contract, tort, equity, and specific performance) against any MTA Group entity arising out of or otherwise relating to these Contract Documents shall be brought solely against the MTA to the exclusion of all other MTA Group entities; (ii) the SI shall have no right to bring any claim or cause of action arising out of or otherwise relating to these Contract Documents against any MTA Group entity other than the MTA; (iii) the MTA shall have the right to bring or raise against the SI any claims, counterclaims, and defenses available to any MTA Group entity; and (iv) the SI shall not institute actions against any MTA Group entity (other than the MTA) in connection with any dispute arising out of, or relating to, these Contract Documents. The SI further agrees that its rights and remedies against the MTA Group as set out in this Section 2.4.5.2 (Limitations on SI Right to Bring Claims) are further subject to the limitations and obligations set out herein, including those in Section 39 (Limit of Liability) and Section 45 (Disputes; Dispute Resolution). By way of clarification, and not limitation, if MNR and LIRR breach the grant of rights in SI Software provided pursuant to Section 35.2.1 (SI Software), then the SI's sole recourse shall be to proceed against the MTA for such breach in accordance with these Contract Documents, including the dispute resolution procedures set out in Section 45 (Disputes; Dispute Resolution) and subject to the limit of liability set out in Section 39 (Limit of Liability), and the SI shall have no right to bring a cause of action against either MNR or LIRR for such breach and shall have no other recourse against any MTA Group entity other than to proceed against the MTA as permitted pursuant to these Contract Documents.
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Limitations on SI Right to Bring Claims

  • Limitations on Warranties 14.1 Notwithstanding anything else in this Agreement, neither Party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, that arises from the use of the Licensed Materials, or the incompetence of the Authorized Users to properly use the Licensed Materials.

  • Limitations on Our Liability We try to ensure that you can always use your card. Occasionally, however, you may not be able to do so because of systems or communication problems involving a merchant, the network or us. We may also block use of your card or a particular type of transaction for any reason and without telling you, including in cases where we suspect unauthorized or fraudulent use of the card. Under no circumstances are we liable to you if you cannot use your card.

  • Limitations on Remedies 7.1 IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF THE TEKNI-PLEX COMPANIES OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER AS PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF A CLAIM OR SERIES OF RELATED CLAIMS. IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF ITS EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM OR RELATING TO ANY INJURY TO PERSONS; LOSS OF VALUE OR USE (INCLUDING WITHOUT LIMITATION, DIMINUTION IN VALUE OR STIGMA DAMAGES); LOSS OF ANTICIPATED REVENUE OR PROFIT; COST OF CAPITAL; DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT; CLAIMS MADE BY END-USERS; OR COST OF SUBSTITUTE SUPPLIES, FACILITIES OR SERVICES.

  • Limitations on Rights of Others The provisions of this Agreement are solely for the benefit of the Owner Trustee, the Depositor, the Certificateholder, the Servicer and, to the extent expressly provided herein, the Trustee, the Trust Collateral Agent and the Noteholders, and nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Owner Trust Estate or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • 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.

  • Restrictions on claims by Train Operator Any claim by the Train Operator against Network Rail for indemnity for Relevant Losses:

  • Restrictions on Claims 11.1 Notification and mitigation A party wishing to claim under any indemnity provided for in this contract:

  • Limitations on Liability The Custodian shall not be liable for any loss, claim, damage or other liability arising from the following causes:

  • 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.

  • Limitations on Damages Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.

Time is Money Join Law Insider Premium to draft better contracts faster.