Remedies and Liabilities a) The remedies in this Agreement are Customer's sole and exclusive remedies.
Remedies and Liabilities. 4.1. The Client agrees to give Green Element a reasonable opportunity to remedy any failure or shortcoming in the provision by Green Element of the Services or deliverables comprised in the Project to the Client. Green Element undertakes, at its expense, to use all commercially reasonable efforts to implement such remedy as soon as reasonably practicable after any such failure or shortcoming is identified and reported to it by the Client in writing.
Remedies and Liabilities. (a) Subject to clauses 15(d) and 15(e), to the extent permitted by law, the respective rights, obligations and liabilities of each of us as set out in this Agreement (including the deed poll in Schedule 34) exclusively govern our rights in relation to this Agreement and the Works and we do not have any other rights or remedies arising out of or in connection with this Agreement and the Works, at law (including negligence) or equity, other than as set out in this Agreement.
Remedies and Liabilities. 8.1 To extent applicable, the liability provisions of Uniform Commercial Code (“UCC”) Articles 3 and 4 shall govern this Appendix, except as modified herein. To extent permitted by UCC Articles 3 and 4, the liability of Bank shall be subject to the provisions of Master Agreement, including, without limitation, any provision thereof that exclude or limit warranties made by, damages payable to or remedies available from Bank.
8.2 Each Presented Check which Bank pays in accordance with this Appendix will be deemed to be properly payable. Each Matching Check or other check authorized by Customer in accordance with this Appendix will be paid without Bank performing its check verification procedures and Bank shall have no liability for paying a check if its serial number or amount is altered, or it is counterfeit, bears a forged or unauthorized signature or was otherwise not validly issued. Each check which is not a Matching Check and which Bank returns pursuant to this Appendix will be deemed not to be properly payable.
Remedies and Liabilities. (a) Subject to clauses 14(d), 14(e) and any requirement of law, the respective rights, obligations and liabilities of each of us as set out in this Agreement exclusively govern our rights in relation to this Agreement and the Alliance Works and we do not have any other rights or remedies arising out of or in connection with this Agreement and the Alliance Works, at law (including negligence) or equity, other than as set out in this Agreement.
Remedies and Liabilities. 1.4.1.1 Checks Paid Under Agreement. With respect to any check paid by Us in accordance with this Agreement:
Remedies and Liabilities. 12.1 The remedies in this Agreement are viaLink's and HP's sole and exclusive remedies; provided, however, and notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall prevent either party from seeking in a court of law, at any time and without the need to pursue any of the Dispute Resolution Process set forth in this Agreement, injunctive relief for any violation or breach of Sections 5 or 9 of this Agreement or from seeking injunctive relief to enjoin violation or infringement of any Intellectual Property Rights of the party seeking such injunctive relief.
Remedies and Liabilities. 14.1 The Customer agrees to give Ekco a reasonable opportunity to remedy any failure or shortcoming in the provision, by Xxxx, of Services as outlined in Schedule 1, including, without limitation, any failure to achieve specified service levels. Ekco undertakes, at its expense to use all reasonable efforts to implement such remedy in accordance with the Service Level Agreement.
Remedies and Liabilities. 15 6.4.5 Reimbursement for Costs and Expenses.........................15 6.4.6 Cessation of Standby Boiler Operating Rights ...............16 6.4.7 Training.....................................................16 6.5
Remedies and Liabilities. 17.1 EXCEPT AS STATED IN SECTION 18, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, ANY SUBCONTRACTOR, OR OTHER THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY OR ANY OTHER CAUSE OF ACTINO FOR ANY LOSS OF INTEREST, DATA OR INFORMATION, LOSS OF USE, LOST PROFITS OR LOST OPPORTUNITY OR LOST REVENUE BY THE OTHER PARTY OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
