Remedies and Limitations. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any claim of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the claims procedures provided to the Recipient under this Agreement.
Remedies and Limitations. 18.1 If any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Product. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails to perform any Services in accordance with Article 16 and Customer notifies Corvis of such failure within twelve (12) months of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Customer. Corvis will pay the costs of transportation of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer.
18.2 In the event Customer returns Products for repair that are not defective, Corvis may require that Customer pay with respect to any subsequently returned Products which prove not to be defective a fee which reflects Corvis' cost of handling, inspecting and testing and, if applicable, travel and related expenses by Corvis' employees.
18.3 The parties acknowledge that disclosure of any Proprietary Information other than as allowed by Article 12 or Article 15 may give rise to irreparable injury and may be inadequately compensable in monetary damages and therefore the affected party will be entitled to seek injunctive or other equitable relief against the breach or threatened breach of the obligations of ...
Remedies and Limitations. Each Party recognizes that its remedy at law for breach of the terms in this Section 6 would necessarily be inadequate and incapable of reasonable calculation and it thus stipulates that in the event of a breach of the terms contained in this Section 6, the other Party shall be entitled to appropriate equitable relief or specific performance. However, no Party shall be liable for any punitive or consequential damages for any reason related to the performance of this Section 6.
Remedies and Limitations. A. The Owner(s) understands that the sole remedies under this Express Limited Warranty Agreement are repair and replacement, as set forth herein.
B. With respect to any future claim whatsoever that may be asserted by the Owner(s) against the Contractor, or the Contractor's employees, the Owner(s) understands that the Owner(s) will have no right to recover, or to request compensation for, and the Contractor shall not be liable for any of the following:
(1) Incidental, consequential, secondary, or punitive damages;
(2) Damages for aggravation, mental anguish, emotional distress, or pain and suffering;
(3) Attorney's fees or costs.
C. THE OWNER(S) UNDERSTANDS AND AGREES THAT NO IMPLIED WARRANTIES WHATSOEVER APPLY TO THE STRUCTURE OF THE HOME, OR TO ITEMS THAT ARE FUNCTIONALLY PART OF THE HOME. THE CONTRACTOR DISCLAIMS, AND THE OWNER(S) WAIVES, ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THESE LIMITATIONS SHALL BE ENFORCEABLE TO THE EXTENT PERMITTED BY THE LAW.
D. This Warranty is personal to the original Owner(s) and does not run with the property, or the items contained in the Home. The original Owner(s) may not assign, transfer, or convey this Warranty without the prior written consent of the Contractor.
Remedies and Limitations. 29 ARTICLE 16.
Remedies and Limitations. 10.1. HUGE’sentireliabilityandReseller’sremediesareset outinthis Agreement.Theseremediesare Reseller’s exclusive remedies and are in lieu of any other remedy at law or in equity. Except as expressly set out in this Agreement, all warranties, representations or agreements, whether oral or in writing and whether express or implied, are excluded to the extent permitted by law.
10.2. Subject to Clause 10.4, the liability of HUGE to Reseller arising by reason of or in connection with the Master Reseller Agreement shall be limited to:
10.2.1. for any one incident or series of events arising from a single incident – six months Charges paid by the Reseller to HUGE in respect of the Service(s) that were impacted by such event or series of events;
10.2.2. notwithstanding sub-Clause 10.2.1, a maximum of twelve months of Charges paid by the Reseller to HUGE; and
10.2.3. in the event of incorrect billing subsequent to a Service being terminated – six months Charges paid by the Reseller to HUGE in respect of the Service(s) that were impacted by such event.
10.3. Subject to Clause 10.4, neither Party shall be liable to the other arising out of any cause of action for any indirect or consequential loss or damage or for any loss of revenue, profit, anticipated savings or business whatsoever.
10.4. Nothing in this Agreement shall serve to limit either parties’ liability in respect of death or personal injury caused byHUGE’ negligence.
10.5. Should any limitation or provision contained in this Clause 10 be held to be invalid under any applicable statute or rule of law, it shall but only to that extent be deemedomitted.
Remedies and Limitations. The delineation of the parties’ rights to terminate this Agreement prior to the Closing is not intended to limit either party from exercising any other remedy for such default provided under law or equity except as limited by this Agreement. In addition to the other limitations set forth in this Agreement, and notwithstanding anything to the contrary contained in this Agreement, City and Developer hereby also waive any claim against each other, the Indemnitees and the Developer Releasees for punitive damages, consequential damages, lost profits, and special and speculative damages, whether based on common law, statute, equity or otherwise. The limitations of liability contained in this Section are in addition to, and not in limitation of, any limitation on liability applicable by law or equity. The provisions of this Section shall survive the termination of this Agreement and the Close of Escrow and shall not be merged with the Grant Deed(s).
Remedies and Limitations. Remedies of the parties outlined or referred herein are not intended to be exclusive and shall be in addition to any other remedies at law or in equity which may be available to an aggrieved party, except as limited by this Agreement.
Remedies and Limitations. Service Provider’s obligations and liabilities under Section 10 (Warranty) shall be limited, at Service Provider’s option, to (i) reperformance of any Services necessary to correct the defect(s) discovered, (ii) repayment of or reduction in a reasonable portion of the fees paid by Service Recipient for Services covered by the Service Order, or (iii) in the case of any products delivered hereunder, repair or replacement at the option of Service Provider. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 11, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SERVICE PROVIDER SHALL NOT BE LIABLE TO SERVICE RECIPIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, COVER, OR ANY LOSS OF INFORMATION, PROFIT, REVENUE OR USE RESULTING FROM BREACH OF WARRANTY OR ANY OTHER PROVISION OF THIS AGREEMENT.
Remedies and Limitations. No Party hereto shall be liable to any other, and Purchaser shall not be liable to any Shareholder nor shall any Shareholder, to the extent if at all he or it is construed to have any obligations hereunder, be liable to any Party hereto for punitive damages claimed by such other Party resulting from such first Party’s breach of its obligations, agreements, representations or warranties hereunder.
