Limits and Exclusions. THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, i- PRO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. i-PRO DOES NOT REPRESENT THAT THE PRODUCTS WILL BE MEET YOUR REQUIREMENTS, OR THAT ANY ERRORS OR DEFECTS IN THE PRODUCTS WILL BE CORRECTED. i-PRO DOES NOT ASSUME, AND SHALL NOT BE LIABLE OR RESPONSIBLE UNDER ANY THEORY OF LIABILITY FOR, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF OR CORRUPTION OF DATA, OR BUSINESS INTERRUPTION EXPENSES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES. IN NO EVENT MAY i-PRO’S TOTAL, AGGREGATE LIABILITY FOR ANY DAMAGES ARISING UNDER THESE END USER TERMS OR RELATING TO THE PRODUCTS EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Limits and Exclusions. (1) The insurer is not liable under paragraph (1) of clause 2 of this Section
(a) in any event to pay in respect of any one (1) accident a total amount in excess of the minimum limit for a contract evidenced by a motor vehicle liability policy established under subsection 243(1) of the Insurance Act.
(b) where an accident occurs in a jurisdiction other than New Brunswick, to pay in respect of the accident a total amount in excess of
(i) the minimum limit for motor vehicle liability insurance coverage in the other jurisdiction, or
(ii) the minimum limit referred to in paragraph (a), whichever is less, regardless of the number of persons sustaining bodily injury or dying or the amount of damages for accidental damage to the insured automobile or its contents or both the insured automobile and its contents,
(c) to make any payment to a claimant who claims damages resulting from an accident that occurred in a jurisdiction in which the claimant may make a valid claim for payment of such damages from an unsatisfied judgment fund or similar fund,
(d) to make any payment to a claimant who is legally entitled to recover a sum of money under the third party liability section of any motor vehicle liability policy,
(e) to make any payment to a claimant who would otherwise be legally entitled to recover a sum of money under any contract of insurance as a result of the accident, other than money payable on death, that exceeds the sum that the person is legally entitled to recover under paragraph
(1) of clause 2 of this section,
(f) subject to paragraphs (a), (b) and (e), to pay a claimant with respect to any one (1) accident a sum in excess of the difference between the sum that the claimant is legally entitled to recover as damages from the owner or driver of the automobile and the sum that the claimant is otherwise legally entitled to recover under any valid contract of insurance, other than money payable on death, as a result of the accident,
(g) to pay a claimant the first two hundred and fifty ($250.00), in respect of any damages for accidental damage to the insured automobile or its contents or to both the insured automobile and its contents, resulting from any one (1) accident, and
(h) to make any payment respecting bodily injury, death or damage caused directly or indirectly by radioactive material.
(2) Where, by reason of any one (1) accident, liability results from bodily injury or death and from damage to the insured automobile or its contents or to both the ...
Limits and Exclusions. 8.1 The Client shall indemnify and keep NCC indemnified against any and all proceedings, damages, losses and liabilities resulting from;
(a) Any claims brought against NCC based upon any goods, materials or business writing prepared, supplied or specifically approved (either orally or in writing) by the Client particularly in relation to proceedings under the Trade Descriptions Act 1968; or
(b) Any act, neglect of default of the Client; or
(c) The proven infringement of the Intellectual property rights of any third party; or
(d) Any successful claim by any third party alleging libel or slander, provided any such liability has not been incurred through the neglect or default of NCC.
8.2 NCC shall not be responsible for any loss, damage, cost or expense arising from, or from any defect, mistake or inaccuracy in any Client materials or information specified or supplied by the Client; any loss, damage, cost or expense arising there from shall be for the sole account of the Client.
Limits and Exclusions. 4.1 The Service Provider will be freed from its obligations in the event of the Beneficiary’s failure to fulfil its contractual obligations, and more specifically in the event of the intervention of a Third Party or of the Beneficiary in the GPAO Software, the object of the present Support Agreement. In such case the Service Provider will not be responsible.
4.2 If the provider of the GPAO Software opposes the Beneficiary’s use of the GPAO Software, the Service Provider agrees to negotiate with the said provider in order to allow such use in return for payment of a reasonable supplementary cost which (in that case) will be paid by the Beneficiary.
Limits and Exclusions. Benefits are limited to no more than a 30-day supply for covered drugs purchased at a retail pharmacy, and no more than a 90-day supply for covered drugs purchased by mail order. All prescriptions are subject to the quantity limitations imposed by state and federal statutes.
Limits and Exclusions. An independent study or directed reading course cannot be taken Pass/Fail.
Limits and Exclusions. The Customer acknowledges and agrees that the following limits and exclusions apply:
a) If there is any CPU contention, the CPU time will automatically be balanced between requesting resources.
b) Once Storage capacity has been created, it cannot be decreased.
c) The Customer is responsible for backups.
d) 2degrees does not include any Disaster Recovery Services unless expressly agreed otherwise on the Service Order.
e) Monitoring and alerting of a Customer’s VMs is not provided.
f) Implementation services, including but not limited to, importing VMs, importing data, and configuration of the virtual Data Centre environment are excluded.
Limits and Exclusions. The Customer acknowledges and agrees that the following limits and exclusions apply:
a) If the supply of the Firewall Service causes an adverse effect on the 2degrees Firewall Service as a whole, or any part of the 2degrees network, or any Customer Equipment or 2degrees Equipment, 2degrees may at its discretion suspend the Service immediately pending resolution of the issue.
b) Configuration of the Firewall Service will be enacted by 2degrees under the direction of the Customer. The impact of any rule set or other configuration applied at the Customer’s instruction or request is the responsibility of the Customer.
c) The Firewall Service is provided on a reasonable efforts basis and does not guarantee security. the Customer accepts that 2degrees is not responsible for any breaches of security, attempted or successful intrusion, loss or damage incurred by the Customer as a result of or related to any actual or perceived failure of the Firewall Service or other breach of the Customer’s security.
Limits and Exclusions. The Customer acknowledges and agrees that Backup Plans are based on a finite rate of change of the protected data of 1% between restore point. Where a Customer’s average rate of change exceeds an average of 1% in a month, the Customer accepts that a revised rate may be payable for future backups. cannot be guaranteed for example due to compatibility issues, from the manufacturer or tape failure.
Limits and Exclusions. The Customer is responsible for properly configuring and using Datahub and taking appropriate action to secure, protect and backup the Customer’s content in a manner that will provide appropriate security and protection, which might include use of encryption to protect from unauthorized access.
