No Refund. In the event that a validity or non-infringement challenge of a Licensed Patent brought by ***** is successful, ***** will have no right to recoup any royalties paid before or during the period challenge.
No Refund. Credits are applicable only toward use of the Service and are not convertible into cash or any type of refund.
No Refund. The PS Payment (including any capacity reservation fees paid with the PS Payment) is non-refundable and cannot be transferred or applied to another project or 142 property.
No Refund. In the event this Agreement is terminated pursuant to this Section 11, or expires as provided for in Section 10, BCM is under no obligation to refund any payments made by LICENSEE to BCM prior to the effective date of such termination or expiration.
No Refund. No fees paid by Licensee shall be refunded unless and to the extent specifically provided otherwise in this SLA. Pursuant to Labor Code section 6705, if the work under this SLA requires the excavation of any trench or trenches five (5) feet or more in depth, the Licensee shall, in advance of excavation, promptly submit to Judicial Council and/or a registered civil or structural engineer employed by Judicial Council, a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches.
No Refund. All payments made by COMPANY or its SUBLICENSEES under this Agreement are nonrefundable and noncreditable against each other.
No Refund. If you don’t use all of the credit in any Top-Up or Add-on that you purchase, or such Top-Up or Add-on expires (if applicable) then we will not give you a refund for it. If this Agreement is cancelled (unless you cancel in accordance with clause 5.4) then you will also lose any credit you have on your account and we will not refund it to you.
No Refund. No refund shall be made of any paid moorage fees in any circumstances. Limitation of Liability: THE OWNER IS ADVISED TO CHECK THE VESSEL REGULARLY. The Owner acknowledges thatboatingandthe maintenanceofa marinevesselinvolvemanyinherentrisks,dangersandhazardsandhereby agrees and acknowledges that:
a) The Owner fully assumes and accepts all such risks, dangers and hazards, including without limitation the possibility of personal injury, death, and loss or theft of the Vessel, its contents, and personal property. The Vessel, its contents and any personal property moored or stored at the Marina are done so at the Owner’s sole and exclusive risk;
b) During the duration of this Contract, the Owner shall obtain insurance coverage for the full value of the Vessel, its contents and any personal property moored or stored at the Marina, whichinsurance shall includewithout limitation a minimum $1,000,000.00 third party liability coverage. The owner acknowledges and agrees that the Company shall not be responsible for providing any insurance coverage;
c) Subject to the rights granted to the Company under Section 8 of this Contract, the Company does not in any way take possession of, or undertake any duty to take care of, any vessel berthed under this Contract or otherwise at the Marina. The Company does not represent that the berth or the floats are fit for any purpose. The Owner accepts the Marina premises on an “as is, where is” basis and acknowledges that, in its own judgment, the Marina is suitable and appropriate for their Vessel;
d) The Company is not liable or responsible for, and the Owner hereby waives and releases the Company from, any loss, theft, damages or expenses, of any nature whatsoever (including without limitation those arising or resulting from personal injury, death, or loss or theft of or damage to vessels, contents, or personal property, and those suffered or incurred by any of the Owner Parties), however caused, whether by negligence of the Company or the acts of third parties or otherwise;
e) The Owner shall hold harmless and indemnify the Company in respect of any and all liability for personal injury, death, or loss of or damage to vessels or contents suffered by the Company, any of the Owner Parties, or third parties (including without limitation to any children or minors under the supervision of the Owner or the Owner Parties), as a result of the Owner Parties’ attendance at the Marina, or the Owner’s mooring or occupying a vessel at the Ma...
No Refund. University has no duty to provide to Member any refund or waiver of fees paid if, during the Term:
1. Member terminates under the Agreement; 2. two or more Consortium Members merge with each other;
3. Member is acquired by another Consortium Member; or
4. any combination of Consortium Member companies results from merger, acquisition or otherwise.
No Refund. All payments made by COMPANY (or, as the case may be, by Affiliates and Sublicensees and Sales Partners) under this Agreement are non-refundable and, except as set forth in Section 5.2, non-creditable against each other. This Section 5.10 shall apply, without limitation, in the event this Agreement is terminated prematurely in accordance with Article 9.
