Scope and Exclusions Sample Clauses

Scope and Exclusions. The SLA Plans do not cover third-party services, such as services provided by carriers integrated into the nShift DeliveryHub). nShift On-Premise and nShift Drop Zone are installed on Customer’s own infrastructure, and Supplier takes no responsibility for this infrastructure, e.g. in the event slow internet connections and Wi-Fi distribution increases process roundtrip. The SLA Plans do not cover Requests for Change. Such requests are scoped and priced on a case-by-case basis unless otherwise agreed in the Subscription Agreement. Supplier reserves the right to decline a Request for Change.
Sample 1Sample 2See All (4)
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Scope and Exclusions. This Agreement shall cover all employees of Wheatland Regional Centre Incorporated in the town of Rosetown represented by the Union except the: a) Chief Executive Officer b) Program Co-ordinator c) Confidential Secretary d) Residential Managers (Currently Vacant) e) Human Resources Manager (Currently Vacant) f) Industry Supervisor g) Payroll/Accounting Clerk h) SARCAN employees i) Contracted positions (externally funded positions such as summer students, Job Coach, Respite Workers, etc.)
Sample 1
Scope and Exclusions. The term “bargaining unit” defined in Section 2.01 means the Associates employed by Detroit Entertainment, L.L.C., d.b.a. MotorCity Casino (hereinafter referred to as “MotorCity” or the “Employer”), at its Detroit, Michigan hotel/gaming facility located at 0000 Xxxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx, 00000. The parties specifically agree that nothing in Section 2.01 above shall be construed to extend recognition to: • Persons working at MotorCity’s Detroit facility in classifications that are not listed in Exhibit I; • Persons working at MotorCity’s permanent hotel facility in classifications other than those established by Employer and subject to the previous interest arbitration agreement in the contract dated October 17, 2003; • Temporary Associates employed pursuant to a bona fide internship program through an accredited institution. The Employer and the Union will mutually agree on such programs, the approval of the Union shall not be unreasonably withheld. • Supervisors and guards as defined in the National Labor Relations Act.
Sample 1
Scope and Exclusions. The scope of the SLA Plans is the availability and performance of software services hosted by Consignor (“Consignor Cloud Platform”) and Customer Service. The SLA does not cover third-party services, such as services provided by carriers integrated in the Consignor Cloud Platform. Consignor On-Premise and Consignor Drop Zone are installed on customers own infrastructure, and Consignor takes no responsibility for this infrastructure. E.g. Slow internet connections and Wi-Fi distribution might increase process roundtrip. Enquiries accepted by Customer Service under any of the SLA Plans are Incidents and Service Requests. The SLA does not cover requests for Change; such requests are scoped and priced on a case by case basis unless otherwise agreed in the Subscription Agreement. Consignor reserves the right to decline a request for Change.
Sample 1
Scope and Exclusions. The parties agree that the bargaining unit covered by this Agreement is limited exclusively to the Employees defined in Section 2.01 and does not include any Employees working at Employer’s Brownstown Township, Michigan facility in classifications not listed in Exhibit 1 such as office clerical Employees, Data Analysts, Human Resource personnel, security guards, temporary Employees, employees of subcontractors, managerial Employees, confidential Employees, or Supervisors as defined in the National Labor Relations Act. The Agreement does not apply to any of the Employer’s facilities other than the Brownstown Township, Michigan MTESC facility.
Sample 1
Scope and Exclusions. The parties agree that the bargaining unit covered by this Agreement is limited exclusively to the Employees defined in Section 1 above and does not include any Employees working at Employer’s facility at 0000 Xxxxxxxxxx Xxxxx, Xxxxxxxxxx Xxxxxxxx, in classifications not listed in Section 1 such as office clerical Employees, Data Analysts, Human Resource personnel, security guards, employees of subcontractors, managerial Employees, confidential Employees, or Supervisors as defined in the National Labor Relations Act. The Agreement does not apply to any of the Employer’s facilities other than the 0000 Xxxxxxxxxx Xxxxx, Xxxxxxxxxx Xxxxxxxx MTESC facility.
Sample 1
Scope and Exclusions. 1. The procedures set forth in this Article shall be the procedures available to bargaining unit employees and the Parties to this Agreement for the resolution of grievances covered under the terms of this agreement.
Sample 1
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Related to Scope and Exclusions

  • 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.

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

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you: 1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence; 2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or 3. 6. 1. 3. for fraud. 2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software. 3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with: 1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors; 2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License; 3. 6. 3. 3. any use made of the Software; or 4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited. 4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Traction Software Limited’s negligence) will be limited to the higher of the price paid by you to use the Software or USD $1 00. 5. 6. 5. You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Software and you will accept such risk and/or insure accordingly. 6. 6. 6. Any rights that you have as a consumer are not affected by this clause 6.

  • 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.

  • Specific Exclusions Apart from the exclusions common to all covers, the following are also excluded. We do not intervene for: EMERGENCY SUITCASE DOMESTIC HELP DELIVERY OF HOUSEHOLD SHOPPING PSYCHOLOGICAL SUPPORT UPON YOUR RETURN HOME To allow us to intervene under the best conditions, remember to prepare the following information that will be requested when you call: When you call initially, you will be given an assistance file number. State it systematically during any subsequent contacts with our Assistance Service. - the policy came with the purchase of goods or a service sold by a supplier; - you can show that you are already covered for one of the risks covered by this new policy; - the policy you wish to cancel has not been fully established; - you have not declared any loss covered by this policy. In this situation, you can exercise your right to cancel this policy by letter or in any lasting medium sent to the insurer of the new policy, together with documentary proof that you already have cover for one of the risks covered by this new policy. The insurer must reimburse you the premium paid within thirty days of your cancellation. If you wish to cancel your policy but do not meet all the above conditions, please check the cancellation procedure stipulated in your policy.

  • 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.

  • Additional Exclusions The Insurer shall not be liable for: (i) expenses for “clean-up” away from or beyond the “premises” resulting from any spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants” even if the “pollutants” emanated from the “premises”; (ii) expenses for “clean-up” of any spill discharge, emission, dispersal, seepage, leakage, migration or escape of “pollutants” that began before the effective date of this Policy; (iii) fines, penalties, punitive or exemplary damages; (iv) expenses incurred for the “clean-up” of “pollutants” at or from any “premises”, site or location which is or was at any time used by or for any Insured or others for the handling, storage, disposal, processing or treatment of waste.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Related Exclusions This agreement does NOT cover custodial care, respite care, day care, or care in a facility that is not approved by us. See

  • Certain Limited Exclusions Notwithstanding anything herein or in any other Secured Debt Document to the contrary, in no event shall the Collateral include or the security interest granted under Section 2.1 hereof attach to (a) any lease, license, contract or agreement to which any Grantor is a party, and any of its rights or interest thereunder, if and to the extent that a security interest is prohibited by or in violation of (i) any law, rule or regulation applicable to such Grantor, or (ii) a term, provision or condition of any such lease, license, contract or agreement (unless such law, rule, regulation, term, provision or condition would be rendered ineffective with respect to the creation of the security interest hereunder pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equity); provided, however, that the Collateral shall include (and such security interest shall attach) immediately at such time as the contractual or legal prohibition shall no longer be applicable and to the extent severable, shall attach immediately to any portion of such lease, license, contract or agreement not subject to the prohibitions specified in (i) or (ii) above; provided, further, that the exclusions referred to in clause (a) of this Section 2.2 shall not include any Proceeds of any such lease, license, contract or agreement; (b) in any of the outstanding voting Equity Interests of a Foreign Subsidiary or a Disregarded Domestic Subsidiary in excess of 65% of the voting power of all classes of Equity Interests of such Foreign Subsidiary or Disregarded Domestic Subsidiary entitled to vote; provided that immediately upon the amendment of the Internal Revenue Code to allow the pledge of a greater percentage of the voting power of Equity Interests in a Foreign Subsidiary or a Disregarded Domestic Subsidiary without adverse tax consequences, the Collateral shall include, and the security interest granted by each Grantor shall attach to, such greater percentage of Equity Interests of each Foreign Subsidiary or Disregarded Domestic Subsidiary, as applicable; (c) any “intent-to-use” application for registration of a Trademark filed pursuant to Section 1(b) of the Xxxxxx Act, 15 U.S.C. § 1051, prior to the filing of a “Statement of Use” pursuant to Section 1(d) of the Xxxxxx Act or an “Amendment to Allege Use” pursuant to Section 1(c) of the Xxxxxx Act with respect thereto, solely to the extent, if any, that, and solely during the period, if any, in which, the grant of a security interest therein would impair the validity or enforceability of any registration that issues from such intent-to-use application under applicable federal law; and (d) Equity Interests in any joint venture or any entity that is not a Subsidiary, other than proceeds thereof, but only to the extent that (x) the creation of a security interest in such Equity Interests is prohibited or restricted by the Organizational Documents of such entity or by any contractual restriction contained in any agreement with third party holders of the other Equity Interests in such entity which holders are not Affiliates of a Grantor (except to the extent any such prohibition or restriction is deemed ineffective under the UCC or other applicable law), in each case, in existence prior to the date hereof and (y) the Grantors used their commercially reasonable efforts, and did not succeed, to remove such prohibition or restriction. Notwithstanding anything set forth in this Agreement to the contrary, the Grantor shall not be required to register, or disclose any information which would result in a Regulatory Exception, provided that Grantor provide notice to Collateral Agent of any such determination along with such additional information as the Collateral Agent may reasonably request to verify to their satisfaction that such information is subject to a Regulatory Exception.

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