Sole and Exclusive Clause Samples
The 'Sole and Exclusive' clause establishes that a particular right, remedy, or obligation specified in the contract is the only one available to the parties regarding a certain subject matter. In practice, this means that if a party is entitled to a specific remedy for a breach, they cannot pursue any additional remedies outside of what is expressly provided in the agreement. This clause serves to limit the parties' options, ensuring predictability and preventing disputes over whether other rights or remedies might be implied or available under law.
POPULAR SAMPLE Copied 1 times
Sole and Exclusive. This INDEMNITIES section states ▇▇▇▇▇▇▇▇’s entire liability for claims the Offering infringe intellectual property rights. The indemnification and defense obligations expressly stated in this INDEMNITIES section are the only indemnification and defense obligations of Provider, notwithstanding any language to the contrary which might be set forth in the Order and any such additional obligations shall be void.
Sole and Exclusive. Remedy This shall be the sole and exclusive 13 procedure for the disputes concerning any type of discipline or discharge actions.
Sole and Exclusive. The V. T. A. will have exclusive rights to the privileges enumerated in this Article.
Sole and Exclusive. LPS’s sole and exclusive remedy for FNF’s failure to perform its obligations described in this Agreement (including Section 17.1(d)(1), but excluding Section 16 or use of LPS intellectual property right beyond the scope permitted by this Agreement), and for the occurrence of an FNF Interruption Event shall be limited as provided in this Section 15.3. In no event shall Section 15.2 affect LPS’s right to claim (i) Fees due under this Agreement for Services actually performed and (ii) damages to LPS for the termination of this Agreement in whole, or in part, by FNF (which termination LPS establishes is a breach of this Agreement) equal to the Termination Fee (described in Section 18.5) plus the Fees from the date of termination through the notice period described in Section 18.1. LPS’s failure to timely or duly perform Services hereunder shall not be a breach hereof to the extent resulting, in whole or in part, from an FNF Interruption Event.
Sole and Exclusive. This sub-section A.8 states Annodata's entire liability for claims of intellectual property infringement.
Sole and Exclusive. FIS'S sole and exclusive remedy for FNT's failure to perform its obligations described in this Agreement (including Section 17.1(d)(1), but excluding Section 16 or use of FIS intellectual property right beyond the scope permitted by this Agreement), and for the occurrence of an FNT Interruption Event shall be limited as provided in this Section 15.3. In no event shall Section 15.2 affect FIS'S right to claim (i) Fees due under this Agreement for Services actually performed and (ii) damages to FIS for the termination of this Agreement in whole, or in part, by FNT (which termination FIS establishes is a breach of this Agreement) based on the lesser of (a) the Termination Fee (described in Section 18.5) plus the Fees from the date of termination through the notice period described in Section 18.1 and (b) Fees based on the volumes of resources multiplied by the number of months from the date of termination through the end of the Term. FIS'S failure to timely or duly perform Services hereunder shall not be a breach hereof to the extent resulting, in whole or in part, from an FNT Interruption Event.
Sole and Exclusive. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE WARRANTIES IDENTIFIED IN SECTION 13.1 ARE APPLERA’S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO THE PRODUCTS AND ARE IN LIEU OF ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR REGARDING RESULTS OBTAINED THROUGH THE USE OF ANY PRODUCT (INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INACCURATE, INVALID OR INCOMPLETE RESULTS), WHETHER ARISING FROM A STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE. 14 Limitation of Liability
Sole and Exclusive. This Section 10 states the sole and exclusive obligations and liabilities of ClinicDr for any Third-Party IP Claims.
Sole and Exclusive. This sub-section A.3 states HP's entire liability for claims of 15 intellectual property infringement. 16
Sole and Exclusive. Rights The sole and exclusive rights and authority of the City include specifically, but are not limited to, the rights listed in O.R.C. Section 4117.08(C), numbers 1-9:
(1) Determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure;
(2) Direct, supervise, evaluate, or hire employees;
(3) Maintain and improve the efficiency and effectiveness of governmental operations;
(4) Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted;
(5) Suspend, discipline, demote, or discharge for just cause, or lay-off, transfer, assign, schedule, promote, or retain employees;
(6) Determine the adequacy of the work force;
(7) Determine the overall mission of the employer as a unit of government;
(8) Effectively manage the work force;
(9) Take actions to carry out the mission of the public employer as a governmental unit.