Maximum liability ASR Warranty Claim Sample Clauses

Maximum liability ASR Warranty Claim. 21.4.1 If Aegon has taken out a W&I Policy: a. Aegon’s primary source of recourse in respect of any Warranty Claims shall be against the insurance provider under the W&I Policy and Aegon shall only be entitled to claim against ASR for any Warranty Claims if and to the extent such Warranty Claim is not covered by the W&I Policy (e.g. because it (i) exceeds the policy limit under the W&I Policy, (ii) (part of) such Warranty Claim is not covered because of the Aegon Annual Report on Form 20-F 2022 | 533 About Aegon Governance and risk management Financial information Non-financial information deductible under the W&I Policy, or (iii) any such Warranty Claim falls under the W&I Excluded Warranties; and b. the maximum aggregate liability of ASR with respect to: i. any Warranty Claims under the ASR’s Warranties shall be an amount equal to EUR 375,000,000 (three hundred seventy five million euro), minus the insured amount under the W&I Policy; provided that (i) such maximum liability shall not apply in respect of Warranty Claims under the ASR’s Fundamental Warranties to the extent not covered by the W&I Policy and (ii) such maximum liability shall not be reduced by the insured amount under the W&I Policy for claims with respect to Warranty Claims under the W&I Excluded Warranties; and ii. any Warranty Claims under the ASR’s Fundamental Warranties shall be an amount equal to EUR 2,500,000,000 (two billion five hundred million euro). 21.4.2 If Aegon has not taken out a W&I Policy, the maximum aggregate liability of ASR with respect to: a. any Warranty Claim under the ASR’s Warranties shall be an amount equal to EUR 375,000,000 (three hundred seventy five million euro), provided that such maximum liability shall not apply in respect of Warranty Claims under the ASR’s Fundamental Warranties; and b. any Warranty Claims under the ASR’s Fundamental Warranties shall be an amount equal to EUR 2,500,000,000 (two billion five hundred million euro). 21.4.3 The aggregate liability of ASR in respect of any and all claims (including a breach of the ASR’s Fundamental Warranties) under or otherwise in connection with this Agreement shall not exceed EUR 5,000,000,000 (five billion euro) except for any claim in respect of the Cash Consideration Adjustment which are not capped.
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Related to Maximum liability ASR Warranty Claim

  • Maximum Liability The provisions of this Loan Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Loan Guarantor under this Loan Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Loan Guarantor’s liability under this Loan Guaranty, then, notwithstanding any other provision of this Loan Guaranty to the contrary, the amount of such liability shall, without any further action by the Loan Guarantors or the Lenders, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Loan Guarantor’s “Maximum Liability”. This Section with respect to the Maximum Liability of each Loan Guarantor is intended solely to preserve the rights of the Lenders to the maximum extent not subject to avoidance under applicable law, and no Loan Guarantor nor any other person or entity shall have any right or claim under this Section with respect to such Maximum Liability, except to the extent necessary so that the obligations of any Loan Guarantor hereunder shall not be rendered voidable under applicable law. Each Loan Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of each Loan Guarantor without impairing this Loan Guaranty or affecting the rights and remedies of the Lenders hereunder, provided that, nothing in this sentence shall be construed to increase any Loan Guarantor’s obligations hereunder beyond its Maximum Liability.

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Warranty Claims 8.1 The Supplier shall be obliged to inspect the quantity and the quality of the goods before delivery. 8.2 We shall have no duty to inspect the goods nor to notify any detected defects within a specific time period. In any event, a warranty claim will be timely made if raised prior to the expiration of the warranty period set forth in sub- clause 8.7 hereof. 8.3 We are entitled to demand, at our discretion, that the Supplier either replace defective goods or remedy the defect. The Supplier may only refuse the form of supplementary performance we have chosen on the grounds of dispropor- tionate cost where such costs would exceed the value of the goods in defect-free condition. 8.4 The Supplier warrants that the supplied goods are free of any fault or defect, whether of design, workmanship or materials. 8.5 Where supplementary performance fails, we are entitled to withdraw from the contract according to applicable law. Supplementary performance shall be deemed to have failed after one unsuccessful attempt, provided that the type of product or defect does not indicate that we are required to accept a further attempt at supplementary perfor- xxxxx. 8.6 We are entitled to remedy defects ourselves or to have them remedied at the expense of the Supplier, or to under- take shortfall purchases, where exigency or particular urgency applies and it is no longer possible to notify the Sup- plier with a deadline because of such particular urgency. 8.7 The Supplier shall be liable for any breach of the warranties if, within 18 months after the delivery date, we give no- xxxx in writing to the Supplier of any defect in the goods which shall arise from faulty design, materials or xxxxxxx- ship. This warranty period starts upon delivery of the goods and shall be suspended while the Supplier attempts supplementary performance. With respect to replaced or repaired goods, a new warranty period shall commence upon delivery of the replaced or repaired goods. 8.8 We expressly reserve the right to claim damages under applicable law. Warranty disclaimers and/or limitations of li- ability on the part of the Supplier do not apply. The foregoing warranties shall be without prejudice to any other rights and remedies available to us. 8.9 The Supplier indemnifies and holds us harmless against third party claims in connection with defective, delayed or in other manners faulty delivery, including court and attorney fees.

  • Aggregate Liability The aggregate liability of either: (a) Customer, its Affiliates and Participating Entities; or (b) Verizon and its Affiliates, to the others collectively for any and all Events in an Annual Period is limited to an amount equal to 12 times the Average Monthly Charges during the Annual Period in which an Event first occurred. For the purpose of this clause and calculation, where: (i) an Event gives rise to a number of separate liabilities, claims or causes of action, and/or (ii) there is a series of connected Events, such will be considered a single Event and will be deemed to have occurred in the Annual Period in which the first Event occurred.

  • DEFECT LIABILITY It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.

  • Defects Liability Period (i) The Contractor shall be responsible for all the Defects and deficiencies, except usual wear and tear in the Project Highway or any Section thereof, till the expiry of a period of commencing from the date of Completion Certificate (the “Defects Liability Period”) as specified below: (a) 5 (five) years from the date of completion in case of a road being constructed with flexible pavement; (b) 10 (ten) years from the date of completion in case of road being constructed with rigid pavement; (c) 10 (ten) years from the date of completion in case of road being constructed with flexible pavement using perpetual design; (d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.

  • Excess Liability Developer will purchase and maintain excess liability insurance in an amount not less than $5,000,000.

  • Vehicle Liability Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.

  • Liability Limit THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST US WILL BE LIMITED TO DIRECT, ACTUAL DAMAGES, AND NEITHER NEXTERA ENERGY SERVICES OHIO, LLC NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT (INCLUDING LOSS OF PROFITS) OR PUNITIVE DAMAGES.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

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