Limits on Obligations. Notwithstanding anything to the contrary in this Agreement, in no event will the Sub-Advisor be obligated to effect any transaction or instruction it believes (without verification or inquiry) would violate any law, rule or regulation; the rules or regulations of any regulatory or self-regulatory body; or the Sub-Advisor’s legal, regulatory, or operational policies and procedures; provided, however, that the Sub-Advisor must provide the Advisor written notice of its decision not to effect a transaction within one business day of such decision.
Limits on Obligations. Notwithstanding anything to the contrary in this Agreement, in no event will the Trader be obligated to effect any transaction or instruction it believes (without verification or inquiry) would violate any law, rule or regulation; the rules or regulations of any regulatory or self-regulatory body; or the Trader’s legal, regulatory, or operational policies and procedures; provided, however, that the Trader must provide the Advisor written notice of its decision not to effect a transaction within one business day of such decision.
Limits on Obligations. No interest shall accrue or otherwise be due in the event the Company delays the payment of the Cash Dividends beyond the holding period for administrative reasons. Any delay shall be in accordance with the requirements of Paragraph 23. However, the Company shall not be liable to the Employee or any successor in interest for damages relating to any delays in issuing or delivering the shares via electronic delivery or in payment of Cash Dividends to the Employee or any successor in interest, or any mistakes or errors in the issuance or delivery of the shares or in payment or delivery of shares or cash amounts payable under this Restricted Stock Agreement.
Limits on Obligations. A Party will not have to observe any duty of confidentiality concerning Confidential Information that:
(a) prior written consent: the other Parties all give their prior written consent to the disclosure of;
(b) required by law: is required to be disclosed by law or any legislative or regulatory authority in any competent jurisdiction that has jurisdiction over the Party;
(c) listing rules and continuous disclosure: is required to be disclosed or announced in accordance with the listing rules or continuous disclosure rules of any recognised securities exchange;
(d) necessary for performance: is necessary to be disclosed to enable a Party to perform its obligations under this agreement; or
(e) information in the public domain: at the time of disclosure is in, or subsequently enters, the public domain otherwise than by breach of any duty of confidentiality under this agreement.
Limits on Obligations. No interest shall accrue or otherwise be due in the event the Company delays the payment of the PSUs or dividend equivalents beyond the applicable Payment Date for administrative reasons. Any delay shall be in accordance with the requirements of Code Section 409A. However, the Company shall not be liable to the Employee or any successor in interest for damages relating to any delays in issuing and delivering the shares via electronic delivery or in payment of dividend equivalents to the Employee or any successor in interest, or any mistakes or errors in the issuance or delivery of the shares or in payment or delivery of shares or cash amounts payable under this Performance Award Agreement.
Limits on Obligations. 13.1 The Parties‟ total liability to each other under, or in relation to, the Agreement, or in relation to the subject matter of the Agreement (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) is set out in this Section 13.
(i) Subject to sub-section (ii) below, each Party is responsible for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of the Party, the Party‟s service provider or its employees, agents or subcontractors, for fraud, breach of intellectual property or confidentiality obligations and any other liability but only to the exact extent which cannot be restricted or excluded by law.
(ii) Except for death or personal injury, fraud or such other liability in respect of which limitations cannot be made, this liability is limited to the lesser of 125% of the value of any individual Product (including services and/or software) order which is affected or £500,000 (five hundred thousand pounds) / €500,000 (five hundred thousand Euro) or the equivalent amount in the currency of the country in which the Reseller / Partner is located, using the Dell currency conversion rate applicable on the date of order confirmation.
13.3 Notwithstanding the responsibilities and limitations detailed in section 13.2 and unless otherwise provided in this Agreement, neither Party is responsible for:
13.3.1 indirect or consequential loss;
13.3.2 loss of business profits, salary, revenue, savings, customers or contracts;
13.3.3 loss avoidable by a Party through reasonable conduct and /or in accordance with Dell‟s advice or instructions;
13.3.4 any loss arising out of failure by the suffering Party to keep full and up-to-date security copies of computer programs and data;
13.3.5 all items excluded from the warranty;
13.3.6 loss of or damage to reputation; or
13.3.7 damage caused by a Force Majeure event. These limitations are reasonable in the context of the Dell – Reseller / Partner relationship on the basis of clear communication of terms and reasonable expectations of the Parties in each of the above circumstances.
13.4 In addition to the limitations in 13.3 above, Dell is not responsible for:
(i) damage remedied or repaired by Dell within a reasonable time; or
(ii) loss which arises as a consequence of Dell using Customer provided or specified materials or instructions (e.g. CFI services).
13.5 In addition to the responsibilities detailed in 13.2...
Limits on Obligations. 13.1 The Parties‟ total liability to each other under, or in relation to, the Agreement, or in relation to the subject matter of the Agreement (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) is set out in this Section 13.
2 a) Neither Party excludes or limits liability to the other party for (1) death or personal injury resulting from negligence, (2) fraud or (3) fraudulent misrepresentation or (4) any other liability that cannot be excluded by law.
Limits on Obligations. A Party will not have to observe any duty of confidentiality concerning Confidential Information that:
(a) the other Party gives its prior written consent to the disclosure of;
(b) is required to be disclosed by law or any legislative or regulatory authority;
(c) is required to be disclosed or announced in accordance with the listing rules or continuous disclosure rules of any recognised securities exchange including under the NASDAQ Stock Market Rules;
(d) is necessary to be disclosed to enable a Party to perform its obligations under this agreement; or
(e) at the time of disclosure is in, or subsequently enters, the public domain otherwise than by breach of any duty of confidentiality under this agreement.
Limits on Obligations. No interest shall accrue or otherwise be due in the event the Company delays the payment of the RSUs beyond the applicable payment date for administrative reasons. Any delay shall be in accordance with the requirements of Section 12. However, the Company shall not be liable to the Participant or any successor in interest for damages relating to any delays in issuing and delivering the Shares to the Employee or any successor in interest, or any mistakes or errors in the issuance or delivery of the Shares or in payment or delivery of Shares or cash amounts payable under this Agreement.
Limits on Obligations. No interest shall accrue or otherwise be due in the event the Company delays the payment of the shares of Common Stock or Cash Dividend Equivalents beyond the holding period for administrative reasons. Any delay shall be in accordance with the requirements of Paragraph 22. However, the Company shall not be liable to the Employee or any 2022 Executive Chairman RSU successor in interest for damages relating to any delays in issuing or delivering the shares via electronic delivery or in payment of Cash Dividend Equivalents to the Employee or any successor in interest, or any mistakes or errors in the issuance or delivery of the shares or in payment or delivery of shares or cash amounts payable under this Restricted Stock Unit Agreement.
