Limited period for liability claims Sample Clauses

Limited period for liability claims. Any claim for damages resulting from Defects will expire within one year. For a supplied, yet to be produced, moveable thing, the limitation period will start on the delivery date; in cases of work performances, the limitation period will start on the date of acceptance (Abnahme). Any other claims against Microsoft for damages will expire within two years from the date the cause of action arises. The provision contained in this subsection entitled “Limited period for liability claims” shall not apply to the cases governed by subsection above entitled “Liability in case of intent, product liability, malicious non-disclosure and claims based on damage to life, body, or health.” In such cases, statutory law shall apply. Microsoft’s limitations on liability for Online Services and Products are addressed in Section 6. Czech Republic Supplement Terms and Conditions subsection 2b(ii) titled “Pre-existing Work” with the following: Customer represents that the author has granted relevant approvals to modify Customer’s pre-existing work. In addition to the other rights granted, Microsoft further consents to the modification (if applicable) of any of Microsoft’s Pre-existing Work as part of a Services Deliverable, solely in the form delivered to Customer, and solely for Customer’s internal business operations. Any violation of conditions of this agreement or any Statement of Services by Customer will be a condition subsequent for obtaining the perpetual license to Microsoft’s Pre-existing Work that Microsoft leaves to Customer at the conclusion of Microsoft’s performance of the Service. Supplement Terms and Conditions subsection 4 titled “Warranties” with the following: Services Deliverables. Microsoft’s Services Deliverables are developed according to the most recent technical and scientific knowledge. Microsoft gives Customer an express notice that, based on the current state of technology, it is not possible to develop complex software that is completely free of technical defects, which may occur in the future. The software provided by Microsoft need not be completely free of programming errors but will perform substantially in accordance with Microsoft’s user documentation or, if no user documentation exists in accordance with the relevant Statement of Services, industry standards. Supplement Terms and Conditions subsection 4e titled “DISCLAIMER OF OTHER WARRANTIES” with the following: SECTIONS 425 AND 560 OF THE CZECH COMMERCIAL CODE DO NOT APPLY TO SERVICES AND...
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Limited period for liability claims. Any claim for damages resulting from Defects will expire within one year. For a supplied, yet to be produced, moveable thing, the limitation period will start on the delivery date; in cases of work performances, the limitation period will start on the date of acceptance (Abnahme). Any other claims against Microsoft for damages will expire within two years from the date the cause of action arises. The provision contained in this subsection entitled “Limited period for liability claims” shall not apply to the cases governed by subsection above entitled “Liability in case of intent, product liability, malicious non-disclosure and claims based on damage to life, body, or health.” In such cases, statutory law shall apply. Microsoft’s limitations on liability for Online Services and Products are addressed in Section 6.
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Related to Limited period for liability claims

  • Time limit for claims No Indemnified Party may make a Claim for indemnification under Section 6.1 in respect of any Claim unless notice in writing of the Claim, incorporating a statement setting out in reasonable detail the grounds on which the Claim is based, has been given by the Indemnified Party prior to the expiration of the applicable Survival Period as set forth in Part VI of Appendix B.

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. QUEBEC DISCLOSURES The following section is only applicable to residents of Quebec Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • Indemnification for Suits or Claims for Intellectual Property Infringement The Contractor shall indemnify and hold the Owner harmless from any suits or claims of infringement of any patent rights, trademarks or copyrights arising out of any patented, trademarked, or copyrighted materials, methods, or systems used by the Contractor.

  • File Management and Record Retention relating to CRF Eligible Persons or Households Grantee must maintain a separate file for every applicant, Eligible Person, or Household, regardless of whether the request was approved or denied.

  • Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.

  • 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.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.

  • Breach for Lack of Proof of Coverage The failure to comply with the requirements of this section at any time during the term of the Contract shall be considered a breach of the terms of the Contract and shall allow the People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees to avail themselves of all remedies available under the Contract or at law or in equity.

  • No Physical Presence of Quorum and Participation by Audio or Video; Disaster Declaration The ability of the Board to meet in person with a quorum physically present at its meeting location may be affected by the Governor or the Director of the Ill. Dept. of Public Health issuing a disaster declaration related to a public health emergency. The Board President or, if the office is vacant or the President is absent or unable to perform the office’s duties, the Vice President determines that an in- person meeting or a meeting conducted under the Quorum and Participation by Audio or Video Means subhead above, is not practical or prudent because of the disaster declaration; if neither the President nor Vice President are present or able to perform this determination, the Superintendent shall serve as the duly authorized designee for purposes of making this determination. The individual who makes this determination for the Board shall put it in writing, include it on the Board’s published notice and agenda for the audio or video meeting and in the meeting minutes, and ensure that the Board meets every OMA requirement for the Board to meet by video or audio conference without the physical presence of a quorum.

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