OTHER EXCLUSIONS FROM COVERAGE Sample Clauses

OTHER EXCLUSIONS FROM COVERAGE. Any loss/expense occurring out of the repair and /or replacement of a part not authorized by the ADMINISTRATOR.
Sample 1
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OTHER EXCLUSIONS FROM COVERAGE. 1) Loss or damage caused by workmanship performed by any person other than the Seller, an agent of the Seller, or an employee or subcontractor of the Seller; 2) Loss or damage caused by defective materials supplied by any person other that the Seller, an agent of the Seller, or an employee or subcontractor of the Seller; 3) Loss or damage caused by defective design provided by any person other that a design professional retained exclusively by the Seller; 4) After the FIRST YEAR BASIC coverage, loss or damage caused by non-load bearing concrete floors of basements and concrete floors of attached garages and porches; 5) Loss or damage of real property which is not part of the Dwelling covered by this Limited Warranty and which is not included in the purchase price of the Dwelling; 6) Damage to swimming pools and other recreational facilities; driveways; boundary walls; retaining walks; and bulkheads (except where boundary walls, retaining walls, and bulkheads are necessary for the structural stability of the Home); fences; landscaping; (including sodding, seeding, shrubs, trees, and plantings); sprinkler systems; patios, decks, xxxxxx, steps, and porches, outbuildings, detached carports, or any other appurtenant structure or attachment to the dwelling; or other additions or improvements not a part of your home; 7) Loss or damage to the extent that is caused or made worse by any of the following causes, whether acting alone or in sequence or concurrence with any other cause or causes whatsoever: a) negligence, improper maintenance, defective material or work supplied by or improper operation by anyone other than the Seller, its employees, agents or subcontractors including failure to comply with the warranty requirements or manufacturers of appliances, equipment or fixtures. b) failure by the Buyer or anyone other that the Seller, its employees, agents or subcontractors to comply with the warranty requirements of manufacturers or supplier of appliances, fixtures or items of equipment; or c) failure of the Purchaser to give notice to the Seller of any defects or damage within a reasonable time; or d) changes in the grading of the ground that does not comply with accepted grading practices, or failure to maintain the original grade by anyone other than the Seller, its employees, agents or subcontractors; or e) changes, alterations or additions made to the Dwelling by anyone after the Warranty Date; or f) dampness or condensation due to the failure of the Buyer...
Sample 1
OTHER EXCLUSIONS FROM COVERAGE. The following is a list of additional list items NOT covered by this Limited Warranty. Xxxxxxxxx Enterprises, Inc. shall NOT be liable under this Limited Warranty for any loss or damage caused by the following list of items. Titles and headings are used for convenience only and do not limit the scope of any particular exclusion of coverage. a) Products supplied by suppliers, manufacturers and trade contractors such as, but not limited to, doors, door hardware, windows, jalousies, skylights, roofing materials, cabinets, cabinet hardware, light fixtures, electric switches, receptacles, plumbing fixtures, tub and tub/shower units, floor coverings, countertops, tile, etc. that are warranted by the suppliers or manufacturers of those products are not covered by this Limited Warranty. b) Defects in design, installation, or materials which Purchaser supplies, installs, or has installed under their direction. c) Additions, alterations, or modifications to the Home or the real property on which it is located. d) Ground water or the introduction of excessive water into soils surrounding the Home by parties other than Xxxxxxxxx Enterprises, Inc. or parties not under the direct control of Xxxxxxxxx Enterprises, Inc. e) Normal wear and tear, normal deterioration, abusive use, or a failure to maintain the Home in good condition and repair. f) Normal settling of the Home. g) Xxxxxxxx and condensation caused by the failure to provide sufficient ventilation after occupancy by parties other than Xxxxxxxxx Enterprises, Inc. or parties not under the direct control of Xxxxxxxxx Enterprises, Inc. h) Changes in the grading of the ground around the Home by parties other than Xxxxxxxxx Enterprises, Inc. or parties not under the direct control of Xxxxxxxxx Enterprises, Inc. i) Failure to maintain the grades, xxxxxx, and drainage patterns established by Xxxxxxxxx Enterprises, Inc. which assure that any water falling on the property surrounding the Home, whether from natural precipitation or lawn irrigation, will flow positively away from the Home. The ground around the Home has been or will be graded in accordance with a city/county approved grading plan, if applicable, and any standards established by the city/county. It is important to maintain the established drainage of the Home properly. Purchaser’s failure to do so will not be covered by this Limited Warranty.
Sample 1

Related to OTHER EXCLUSIONS FROM COVERAGE

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from: A) war, insurrection, rebellion, or service in the armed forces of any country; B) voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of her regular occupation; C) intentionally self-inflicted injuries or illness.

  • 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.

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • 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.

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to: (a) indemnify or advance funds to Indemnitee for Expenses or Losses with respect to proceedings initiated by Xxxxxxxxxx, including any proceedings against the Company or its directors, officers, employees or other indemnitees and not by way of defense, except: (i) proceedings referenced in Section 4 above (unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such proceeding was not made in good faith or was frivolous); or (ii) where the Company has joined in or the Board has consented to the initiation of such proceedings; (b) indemnify Indemnitee if a final decision by a court of competent jurisdiction determines that such indemnification is prohibited by applicable law; (c) indemnify Indemnitee for the disgorgement of profits arising from the purchase or sale by Indemnitee of securities of the Company in violation of Section 16(b) of the Exchange Act, or any similar successor statute; or (d) indemnify or advance funds to Indemnitee for Indemnitee’s reimbursement to the Company of any bonus or other incentive-based or equity-based compensation previously received by Indemnitee or payment of any profits realized by Indemnitee from the sale of securities of the Company, as required in each case under the Exchange Act (including any such reimbursements under Section 304 of the Xxxxxxxx-Xxxxx Act of 2002 in connection with an accounting restatement of the Company or the payment to the Company of profits arising from the purchase or sale by Indemnitee of securities in violation of Section 306 of the Xxxxxxxx-Xxxxx Act).

  • Other Exceptions Notwithstanding any other provision of this Section 8.2, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.

  • Excess Public Liability Insurance over and above the Employers’ Liability Commercial General Liability and Comprehensive Automobile Liability Insurance coverage, with a minimum combined single limit of Twenty Million Dollars ($20,000,000) per occurrence/Twenty Million Dollars ($20,000,000) aggregate.

  • Exclusions from General Release Excluded from the Release are any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation. Executive is, however, waiving the right to recover any money in connection with a charge or investigation. Executive is also waiving the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency.

  • Special Provisions Applicable to LIBOR Rate (i) The LIBOR Rate may be adjusted by Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar deposits or increased costs, in each case, due to changes in applicable law occurring subsequent to the commencement of the then applicable Interest Period, including any Changes in Law (including any changes in tax laws (except changes of general applicability in corporate income tax laws)) and changes in the reserve requirements imposed by the Board of Governors, which additional or increased costs would increase the cost of funding or maintaining loans bearing interest at the LIBOR Rate. In any such event, the affected Lender shall give Borrowers and Agent notice of such a determination and adjustment and Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, Borrowers may, by notice to such affected Lender (A) require such Lender to furnish to Borrowers a statement setting forth in reasonable detail the basis for adjusting such LIBOR Rate and the method for determining the amount of such adjustment, or (B) repay the LIBOR Rate Loans of such Lender with respect to which such adjustment is made (together with any amounts due under Section 2.12(b)(ii)). (ii) In the event that any change in market conditions or any Change in Law shall at any time after the date hereof, in the reasonable opinion of any Lender, make it unlawful or impractical for such Lender to fund or maintain LIBOR Rate Loans or to continue such funding or maintaining, or to determine or charge interest rates at the LIBOR Rate, such Lender shall give notice of such changed circumstances to Agent and Borrowers and Agent promptly shall transmit the notice to each other Lender and (y) in the case of any LIBOR Rate Loans of such Lender that are outstanding, the date specified in such Lender’s notice shall be deemed to be the last day of the Interest Period of such LIBOR Rate Loans, and interest upon the LIBOR Rate Loans of such Lender thereafter shall accrue interest at the rate then applicable to Base Rate Loans, and (z) Borrowers shall not be entitled to elect the LIBOR Option until such Lender determines that it would no longer be unlawful or impractical to do so.

  • Certain Exclusions For purposes of determining whether and the extent to which the Total Payments will be subject to the Excise Tax, (i) no portion of the Total Payments the receipt or enjoyment of which the Executive shall have waived at such time and in such manner as not to constitute a “payment” within the meaning of Section 280G(b) of the Code shall be taken into account; (ii) no portion of the Total Payments shall be taken into account which, in the written opinion of an independent, nationally recognized accounting firm (the “Independent Advisors”) selected by the Company, does not constitute a “parachute payment” within the meaning of Section 280G(b)(2) of the Code (including by reason of Section 280G(b)(4)(A) of the Code) and, in calculating the Excise Tax, no portion of such Total Payments shall be taken into account which, in the opinion of Independent Advisors, constitutes reasonable compensation for services actually rendered, within the meaning of Section 280G(b)(4)(B) of the Code, in excess of the “base amount” (as defined in Section 280G(b)(3) of the Code) allocable to such reasonable compensation; and (iii) the value of any non-cash benefit or any deferred payment or benefit included in the Total Payments shall be determined by the Independent Advisors in accordance with the principles of Sections 280G(d)(3) and (4) of the Code.

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