Other Exclusions. Parts and labor reimbursement by Enova is the only remedy to owners and users under this warranty. Enova does not authorize any person or party to assume or create for it any other obligation or liability in connection with the products or any part of the products. Enova's warranties shall not be enlarged by, nor shall any obligation or liability of Enova arise due to, Enova providing technical advice, facilities, or service in connection with any Product or Contract.
Other Exclusions. Consistent with Code §411(a)(4), any Year of Service the Employer elects to exclude under its Adoption Agreement, including Service during any period for which the Employer did not maintain the Plan or a Predecessor Plan. See Section 1.44(B).
Other Exclusions. 5.3.1 TBDS shall not be liable for the proper condition of vehicles belonging to the user for which the TBDS service is being provided. The TBDS service is merely intended to provide support to the user; responsibility for complying with legislation and for the use and condition of the vehicles shall remain with the owner or driver as appropriate.
5.3.2 The provision of RIO Boxes and/or RIO transmitter units is not covered by these Service T&Cs. No warranty shall be provided and no liability accepted under the terms of these Service T&Cs in this regard.
5.3.3 Likewise, no warranty shall be provided and/or no liability accepted under the terms of these Service T&Cs for defective TBDS services (particularly for missing or incorrect data) and/or for damages resulting from malfunctions and/or breakdowns of vehicles, RIO Boxes and/or RIO transmitter units, or from the incorrect data input by the user.
Other Exclusions. Also specifically excluded from this grievance procedure are any claims or disputes relating to the following issues:
Other Exclusions. Notwithstanding any other provision of this Agreement, Imatest shall have no obligation to resolve Supported Software errors or provide Support Services to correct errors that are the result of or caused by modification to the Supported Software not performed by Imatest, failure by Buyer to meet the Imatest system requirements, failure of third-party software or telecommunications services, or integration of the Supported Software with hardware, software and/or technology not supported by Imatest.
Other Exclusions. [Note: Any exclusion specified under Election 38(e) must be definitely determinable, and if the Plan is an ERISA Plan, must comply with ERISA
Other Exclusions. Grievances on the following matters are also excluded by this Agreement:
(1) Written notice of proposed action;
(2) Letters of counseling/warning/instruction;
(3) Performance progress reviews;
(4) Performance improvement plan;
(5) A management decision to make or terminate a temporary promotion, detail or reassignment;
(6) The adoption or non-adoption of a suggestion;
(7) The receipt or non-receipt of an honorary or cash award;
(8) The non-renewal or non-extension of a temporary employee, termination of a temporary appointment due to reduction in force or any other termination of the appointment of a temporary employee;
(9) Separation of a term, trial or excepted service employee;
(10) Non-selection for promotion;
(11) Removal of a probationary employee during probationary period;
(12) Removal of an employee pursuant to Title 5, U.S.C., Chapter 75, and the implementing regulations at Part 752 of Title 5, Code of Federal Regulations (C.F.R.);
(13) Removal of an employee pursuant to Title 5, U.S.C., Chapter 43;
(14) The content of published Agency-wide policy, except where it conflicts with this Agreement, law, or governmentwide regulations;
(15) Adverse personnel action (as enumerated in Section 7512 of Chapter 75 of Title 5, United States Code) taken against probationary, temporary or excepted service employees, except where appeal rights to the Merit Systems Protection Board exist under Chapter 75 or 43 of Title 5, U.S.C.;
(16) Adjudication of claims the jurisdiction over which is reserved by Statute and/or regulation to another department, such as, but not limited to, Department of Labor determinations on workers compensation;
(17) Claims alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et. seq.
(18) Actions taken by the Agency required by lawful court orders (e.g., garnishment of wages for indebtedness or child support) or actions that can be adjudicated in an alternate venue, (e.g., overpayment actions) which can be adjudicated through the Agency’s Office of Hearing and Appeals;
(19) Reduction in Force (RIF) actions;
(20) Actions taken by the Agency during an emergency, including emergency furloughs;
(21) Decisions regarding performance awards, on the spot awards or any other types of awards;
(22) Decisions regarding incentive pay;
(23) Disputes regarding the grant or denial of official time or leave without pay (LWOP) related to union activities;
(24) Determinations of an employee’s performance rating;
(25) Performance-based actio...
Other Exclusions. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT OR THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi OR STN (OR ANY OF THEIR AFFILIATES PROVIDING SOFTWARE OR SERVICES UNDER THIS AGREEMENT) OR ANY THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR TRADING LOSSES, INACCURATE DISTRIBUTIONS, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY OTHER LOSSES RESULTING FROM Citi’s USE OF THE LICENSED SYSTEM OR ANY OTHER SERVICES PROVIDED HEREUNDER, INCLUDING THE DATA TRANSMITTED ON THE LICENSED SYSTEM AND THE DATA AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF Citi, STN AND THEIR AFFILIATES AND THE THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES HAVE BEEN ADVISED OR WERE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE COMPANY’S USE OF THE LICENSED SYSTEM AND ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT SHALL NOT BE DEEMED LEGAL, TAX OR INVESTMENT ADVICE.
Other Exclusions. 4.1 QIWI shall not be liable in respect of any QIWI Warranty Claim if and to the extent that:
(a) the liability is caused by a breach by the Investor of any of its obligations under this Agreement;
(b) it arises, or is increased or extended by the passing of or any change in any legislation or regulation made on and/or after Completion Date 1;
(c) it arises, or is increased or extended by any change in the accounting reference date of QIWI made on and/or after Completion Date 1;
(d) it arises, or is increased or extended by any change in any accounting basis, policy, practice or approach of, or applicable to, the Investor, or any change in the way an accounting basis is adapted for tax purposes, in each case, made on and/or after Completion Date 1;
(e) the QIWI Warranty Claim is increased by virtue of the Investor failing to comply with the provisions of paragraph 5 below.
Other Exclusions. 4.1 The Investor shall not be liable in respect of any Warranty Claim if and to the extent that:
(a) solely in relation to Warranty Claims, the liability is caused by a breach by QIWI of any of its obligations under this Agreement;
(b) it arises, or is increased or extended by the passing of or any change in any legislation or regulation made on and/or after Completion Date 1;
(c) it arises, or is increased or extended by any change in the accounting reference date of the Investor or CIHRUS made on and/or after Completion Date 1;
(d) it arises, or is increased or extended by any change in any accounting basis, policy, practice or approach of, or applicable to, QIWI or a Group Company, or any change in the way an accounting basis is adapted for Tax purposes, in each case, made on and/or after Completion Date 1;
(e) the Warranty Claim is increased by virtue of QIWI failing to comply with the provisions of paragraph 5 below.
