Restriction on claims. Save as otherwise expressly provided in this contract, neither party may recover or seek to recover from the other party any amount in respect of any loss of revenue, loss of profits, goodwill, reputation or other consequential, indirect or special damages in connection with the subject matter of this contract, which is or is alleged to be caused to it by the other party, save in respect of death or injury to persons or physical damage to property.
Restriction on claims. 40. Any Class Member who does not submit a Claim Form and required supporting documentation with the Administrator on or before the Claims Bar Deadline, will not be permitted to participate in the Distribution without permission of the applicable Court. The Administrator will not accept or process any Claim Form received after the Claims Bar Deadline unless directed to do so by the applicable Court. NO ASSIGNMENT
Restriction on claims. You agree not to bring any claim (including a claim in negligence) against any A&P subcontractor, partner, member, director or employee in connection with the services.
Restriction on claims. Save as otherwise expressly provided in this Contract, neither party may recover or seek to recover from the other party any amount in respect of any loss of revenue, loss of profits, goodwill, reputation or other consequential, indirect or special damages in connection with the subject matter of this Contract, which is or is alleged to be caused to it by the other party, save in respect of death or injury to persons or physical damage to property. Exclusion of Property Damage The Facility Owner’s total liability to the Train Operator, arising under or in connection with this Contract in accordance with this clause 10, for damage to the Train Operator’s property (whether owned or leased) caused by the Facility Owner’s gross negligence shall be limited to the higher of the Liability Cap or any insurance level maintained in accordance with clause 10.5.2.
Restriction on claims. 42. Any Class Member who does not submit a Claim Form and required Supporting Documents with the Administrator on or before the Claims Bar Deadline, will not be permitted to participate in the Distribution. However, Class Counsel and the Administrator may jointly agree to extend the Claims Bar Deadline if, in their opinion, doing so would not adversely affect the efficient administration of the Settlement and it is in the best interests of the Class to do so.
Restriction on claims. Neither OWNER nor the OPERATOR may assert or pursue against the other, or against any person named as Additional Insured Parties on any policy carried under this clause (or any directors, employees or agents thereof), any claims for any losses, damages, liability or expenses (including legal fees) incurred or sustained by any of them on account of injury to persons or damage to property arising out of the ownership, operation and maintenance of the Hotel, except to the extent that the same are not covered by the insurance required and effected under this section or as provided under any indemnity provision in this Agreement.
Restriction on claims. The remedies expressly set forth in this Agreement shall provide the exclusive remedies for, and each Party hereby waives any Claim for any other remedy with respect to, any misrepresentation, breach of representation, warranty or covenant, or other Claim arising out of this Agreement or the Transaction, including, without limitation, any Claim in respect of any certificate or other document delivered pursuant to this Agreement; provided, however, that it is understood and agreed that, in addition to the remedies specifically set forth in this Agreement, each Party shall be entitled to specific performance and injunctive relief as a remedy where available under applicable law. Following the Closing, each Party hereby agrees to limit its recourse for breach of representation, warranty or covenant by another Party hereunder, and not make any Claim for any Damages or other matter, under, relating to or arising out of such breach, whether based on contract, tort, strict liability, other Regulations or otherwise, except for Claims for indemnification pursuant to Section 8.2 or Section 8.5.
Restriction on claims. The Buyer must not make a Warranty Claim, and the Seller will not be in breach of a Warranty, to the extent the Warranty is qualified and limited in accordance with clause 10.2.
