Other Exclusions and Limitations Sample Clauses

Other Exclusions and Limitations. Who is covered?
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Other Exclusions and Limitations. 11.3.1 No Claim may be made against the Seller in respect of any Loss which has been recovered by the Buyer or by the Company, as the case may be, under a policy of insurance or from any third-parties to the extent of the amount recovered, net of recovery costs, including reasonable legal fees and court costs. In the event that (i) the Seller has paid any indemnification to the Buyer under clause 10, and (ii) the Buyer or the Company subsequently receives or recovers from any insurers or any third-parties a sum in respect of the same Loss which gave rise to the Claim, the Buyer shall repay, or cause the Company to repay, to the Seller the amount so received or recovered (net of recovery costs, including reasonable legal fees and court costs), up to the amount which had been paid by the Seller in respect of such Claim not later than 5 (five) Business Days after the abovementioned sum is actually received from the Company or the Buyer, as the case might be. 11.3.2 In the event that and to the extent that the Company (or the Buyer, as the case might be) might be entitled to receive a sum under any Insurance Policy (as defined in clause 9.1 of Schedule 1, Part A) or from any third-parties in respect of any Claim which was indemnified by the Seller or for which indemnification is requested by the Buyer pursuant to clause 10, the following shall apply: (a) the Seller shall submit a notice proposing the Buyer to procure that the Company pursues any actions or claims the Company might validly have under a specific Insurance Policy or against any third-parties in respect of any matter for which the Buyer or the Company are entitled to be indemnified from the Seller; (b) within 15 (fifteen) Business Days of receipt of the notice under letter (a) above, or within a shorter period if the circumstances so require, the Buyer shall have the right to reasonably dispute, in whole or in part, the content of any request made by the Seller (only to the extent such request is materially detrimental to the Buyer and/or to the Company); in the absence of any dispute, the request of the Seller shall be deemed to be accepted by the Buyer; (c) the ability of the Buyer and/or the Company, as the case may be, to be indemnified from the Seller under this Agreement – and the Seller’s obligation to pay the Buyer and/or the Company, as the case may be, under this Agreement – shall not be prejudiced by the undertakings set forth under this clause 11.3.2, including for example the submissi...
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Other Exclusions and Limitations. 1. Regulations regarding services for inmates exclude certain treatments for certain conditions, such as services designated as typically not being medically necessary. See, e.g., California Code of Regulations (CCR), Title 15, Division 3, Chapter 1, Subchapter 4, Article 8, Section §3350.1, which can be located at the following link: Contractor and its Providers may request approval for an otherwise excluded or limited treatment from the DAR/DPHCRC via the SD or designee, but should do so only if the treatment is determined to be reasonable and necessary to protect life, prevent significant illness or disability, or alleviate severe pain, and supported by outcome data as being effective care. 2. Contractor and its Providers may request or recommend approval for treatment of a pre- existing condition(s) from the DAR/DPHCRC via the SD or designee, but should do so only if the service is determined to be reasonable and necessary to protect life, prevent significant illness or disability, or alleviate severe pain, and supported by outcome data as being effective care.
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Other Exclusions and Limitations. Seller shall not be liable for any Warranty Claim (excluding a claim under the Tax Warranties, to which the relevant provisions of Schedule 6.01 apply) to the extent that:
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Other Exclusions and Limitations. 9.1 The Seller shall not be liable in respect of any Non-Tax Claim if, but only to the extent that, such Non‑Tax Claim arises from or is otherwise attributable to, or the amount of such Non-Tax Claim is increased as a result of: (a) the failure by the Purchaser to comply with the provisions of this schedule; (b) any change in legislation or law, administrative or regulatory practice or in the generally accepted interpretation or application of any legislation or law, in each case occurring after the date of this agreement; (c) Completion or any other act, omission, transaction or arrangement contemplated by any of the Acquisition Documents; (d) any voluntary act, transaction or omission of the Purchaser at any time, or any Target Group Entity after Completion, which is outside the ordinary course of its business as conducted at Completion, save where pursuant to a legally binding commitment entered into on or before Completion by any Target Group Entity; (e) any act, omission, transaction or arrangement carried out by a Target Group Entity before or on Completion at the written request, or with the prior written consent, of the Purchaser; or (f) any lost profit, goodwill or business, whether actual or prospective, or any indirect or consequential loss. 9.2 The Seller shall not be liable in respect of any Non-Tax Claim if, but only to the extent that, the matter or thing giving rise to such Non-Tax Claim has been or is made good or is otherwise compensated for without cost to the Purchaser or any Target Group Entity.
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Other Exclusions and Limitations. 8.1 No Seller shall be liable in respect of any General Warranty Claim to the extent that such Claim arises from or is otherwise attributable to, or the amount of such Claim is increased as a result of any change in legislation or law, administrative or regulatory practice or in the generally accepted interpretation or application of any legislation or law, in each case occurring after the date of this agreement; 8.2 No Seller shall be liable in respect of any claim or demand under this agreement: 8.2.1 to the extent that the matter or thing giving rise to such Claim has been or is made good or is otherwise compensated for without cost to the Purchaser or any member of the Purchaser Group; 8.2.2 to the extent that the amount claimed has been recovered (after deduction of all costs, charges and expenses incurred in the recovery of such sum) by the Purchaser Group under any insurance policy, or would have been so recoverable but for any change effected by the Purchaser Group on or after Completion to the terms, amount and/or scope of any applicable insurance policy.
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Related to Other Exclusions and Limitations

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to a) Failure to pay the purchase price towards Peimar or its subsidiaries which have put the modules on the market provided that (i), the payment was due and (ii) the Buyer who has obtained the modules from Peimar or one of its distributors (Direct Customer) is not entitled to withhold the purchase price or parts of the purchase price. Xxxxxx must inform the Buyer about the non- payment and provide the name and the full address of the Direct Customer which has failed to pay the modules. In case that Xxxxxx can reject the claim under this warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the warranty claims; b) Failure to comply with Xxxxxx’s installation manual applicable during the Validity of this Limited Warranty pursuant to Sec 10; c) Service by service technicians who are not qualified under the relevant law and/or applicable regulations at the place of installation; d) The Product's type, nameplate or module serial number is changed, erased or made illegible (other than by any act or omission of Peimar); e) The Product’s installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore-structures; f) Exposure to voltage in excess to the maximum system voltage or power surges; g) Defective components in the construction on which the module is mounted; h) exposure to mold discoloration or similar external effects; i) exposure to any of the following: extreme thermal or environmental conditions or rapid changes in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening, servicing by use of unauthorized spare parts, accident, force of nature (such as lightning strike, earthquake), influence from chemical products or other acts beyond Peimar’s reasonable control (including damage by fire, flood, etc.);

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • Limitations and exclusions of liability NONE OF THE TMLS AFFILIATES SHALL BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE TMLS SERVICE, INCLUDING RELIANCE BY SUBSCRIBER ON ANY INFORMATION OBTAINED THROUGH USE OF THE TMLS SERVICE; MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE TMLS SERVICE; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE TMLS SERVICE AND RELATED INFORMATION, RECORDS AND PROGRAMS.

  • Exclusions and Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.

  • Exceptions and Limitations For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

  • Restrictions and Limitations (a) The Trust shall not lend assets of the Trust to any officer or Trustee of the Trust or to any officer, director, or stockholder (or partner of a stockholder) of, or person financially interested in, the investment adviser or any underwriter of the Trust, or to the investment adviser of the Trust or to any underwriter of the Trust. (b) The Trust shall not restrict the transferability or negotiability of the shares of the Trust, except in conformity with the statements with respect thereto contained in the Trust's Registration Statement, and not in contravention of such rules and regulations as the SEC may prescribe. (c) The Trust shall not permit any officer or Trustee of the Trust, or any officer, director, or stockholder (or partner of a stockholder) of the investment adviser or any underwriter of the Trust to deal for or on behalf of the Trust with himself as principal or agent, or with any partnership, association or trust in which he has a financial interest; provided that the foregoing provisions shall not prevent, to the extent consistent with applicable securities laws: (1) officers and Trustees of the Trust from buying, holding, redeeming, or selling shares in the Trust, or from being officers, directors, or stockholders (or partners of a stockholder) of or otherwise financially interested in the investment adviser or any underwriter of the Trust; (2) purchases or sales of securities or other property by the Trust from or to an affiliated person or to the investment adviser or any underwriter of the Trust, if such transactions are not prohibited by the 1940 Act or have been exempted by SEC order from the prohibitions of the 1940 Act; (3) purchases of investments for the portfolio of the Trust through a securities dealer who is, or one or more of whose partners, stockholders, officers, or directors is, an officer or Trustee of the Trust, if such transactions are handled in the capacity of broker only and commissions charged do not exceed customary brokerage charges for such services; (4) employment of legal counsel, registrar, transfer agent, dividend disbursing agent, or custodian who is, or has a partner, stockholder, officer, or director who is, an officer or Trustee of the Trust, if only customary fees are charged for services to the Trust; (5) sharing statistical research, legal and management expenses and office hire and expenses with any other investment company in which an officer or Trustee of the Trust is an officer, trustee, or director or otherwise financially interested.

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area.

  • Usage Limitations You shall use best efforts to ensure that only Authorized Customer Support Users are provided access to the Service Desk Infrastructure and Student Support Services, including not causing or permitting third parties to access such infrastructure or services.

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