Sole and Exclusive Remedies. THE PARTIES ACKNOWLEDGE THAT THE REMEDIES IN THIS SECTION 2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF BUYER AND THE SOLE AND EXCLUSIVE LIABILITY OF SELLER FOR THE FAILURE OF THE COMMENCEMENT DATE TO OCCUR PRIOR TO THE SCHEDULED SERVICE DATE OR ANY OTHER DELAY IN PROVIDING THE SERVICE.
Sole and Exclusive Remedies. BluBØX’s sole and exclusive liability for any warrantied Hardware will be (at BluBØX’s option) to i) credit Reseller’s account for the original purchase price of the Hardware, or to i) either repair or replace the Hardware. Repairs shall be completed with new, reconditioned, or factory-rebuilt parts at BluBØX’s sole option. Warranty benefits shall be extended only if: (i) BluBØX is promptly notified by Reseller in writing upon discovery (and within the applicable Warranty Period) that the BluBØX Hardware was found to have failed or be defective – and the notification contains a detailed explanation of any alleged deficiencies, (ii) such BluBØX Hardware is returned to BluBØX, F.O.B. BluBØX’s factory or warehouse, and (iii) BluBØX’s examination of the returned Hardware indicates that the alleged deficiencies actually exist and were not caused by accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing. If the returned Hardware is found to be defective, BluBØX will reimburse Reseller for the reasonable transportation charges paid by Reseller for the return of the Hardware. Reseller must fill-in a Return Materials Authorization form (RMA) for the return of the Hardware and must obtain an RMA number from BluBØX before returning the Hardware. The Hardware must be returned with complete identification, freight prepaid, and in accordance with BluBØX’s instructions or it will not be accepted. In no event will BluBØX be responsible for goods returned without proper authorization.
Sole and Exclusive Remedies. End User must report any alleged breach of the warranties contained in this Section 9 to Agilos in writing during the applicable Warranty Period, and provide to Agilos such information and materials as Agilos may reasonably request to document and reproduce an issue. End User’s exclusive remedy and Agilos sole liability with regard to a breach of warranty shall be as follows: - with respect to any alleged breach of the warranty set forth in Section 9.1 (Performance), at Agilos option and expense, to either: (i) repair or replace the non-conforming Software; or (ii) return the Software license and Maintenance fees paid (if any) with respect to the non- conforming Software; - with respect to any alleged breach of the warranty set forth in Section 9.2 (Viruses and Disabling Code), to replace all copies of the affected Software in the possession of End User with copies that do not contain such virus or disabling code. If End User is asked by Agilos to return the applicable license and Maintenance fees paid for the non- conforming Software pursuant to Section above: (i) End User shall promptly return the non-conforming Software to Agilos or establish to Agilos satisfaction that it has destroyed/uninstalled the applicable Software; and (ii) the licenses granted to End User hereunder in respect of such non-conforming Software shall automatically terminate.
Sole and Exclusive Remedies. This Article 10 sets forth Lessee's sole and exclusive remedies in the event of a Taking. Each Party hereby waives the provisions of Sections 1265.120 and 1265.130 of the California Code of Civil Procedure and the provisions of any successor or other law of like import.
Sole and Exclusive Remedies. (a) In the event a Non-Glass Component fails due to a defect in manufacturing, materials, or workmanship, within the Limited Warranty Period, Seller will, at its option (i) provide replacement part(s) (labor not included); (ii) repair the defective component at no cost to Buyer; or (iii) credit or refund the price paid for such defective Non-Glass Component at the pro rata contract rate, provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such defective component to Seller. Such replacement parts or repairs are warranted for the remainder of the original Limited Warranty Period.
(b) Seller shall not be liable for a breach of Seller’s Limited Warranty unless: (i) Buyer provides Seller with written notice of defective Goods that reasonably describes such defect(s) within two (2) days of the time Buyer discovers or should reasonably have discovered the defect(s); (ii) Seller is given a reasonable opportunity after receiving such notice to examine such Goods; (iii) Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and (iv) Seller reasonably verifies Buyer's claim that the Goods are defective.
(c) Seller shall not be liable for breach of Seller’s Limited Warranty if: (i) Buyer makes any further use of such Goods after giving the notice described in the immediately preceding subparagraph (b) above; (ii) the defect results from Buyer’s failure to follow Seller's instructions; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.
(d) THE REMEDIES SET FORTH HEREIN SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SHALL CONSTITUTE SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF SELLER’S LIMITED WARRANTY.
(e) IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(f) IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), O...
Sole and Exclusive Remedies. The liquidated damages, termination rights, cancellation rights, and interest payment and other remedies outlined in this Agreement and in the Company’s tariffs for non-performance herein shall be Company and Agents’ sole and exclusive remedies for such non- performance. In no event shall either party be liable for special, incidental, exemplary, punitive, indirect or consequential damages including, but not limited to, loss of profit or revenue, cost of capital, cost of substitute products, downtime costs, or claims for damages by third parties upon Company or Agent. This applies whether claims are based upon contract, warranty, tort, (including negligence and strict liability), or other theories of liability.
Sole and Exclusive Remedies. Except as provided in Section 6.1 (d) Buyer's right to suspend deliveries and purchase substitute coal and the possible resulting cancellation of this Agreement, and Buyer's right to reject deliveries, all pursuant to Section 6.1, together with the compensation for variations in quality provided for under Article X and Section 6.1 (f) and Buyer's right to damages under Section 16.4, shall be Buyer's sole and exclusive remedies for Seller's failure to deliver coal which conforms to any of the quality specifications herein.
Sole and Exclusive Remedies. If a warranted Product accepted by Customer does not conform to or is defective under HOC’s warranty as contained herein (“Nonconforming Product”), HOC’s sole and exclusive liability and Customer’s exclusive remedy shall be for HOC (at HOC’s option and subject to applicable exclusions and to Customer’s compliance with the requirements of this Paragraph), within a reasonable time: (i) to refund the purchase price of the Nonconforming Product; (ii) to deliver to Customer a replacement of such Nonconforming Product; or (iii) to repair such Nonconforming Product. All returns must be made pursuant to HOC’s Return Materials Authorization procedures and HOC shall reimburse Customer for the reasonable transportation charges thereunder.
Sole and Exclusive Remedies. Notwithstanding any other term of this Agreement, subsequent to the Effective Time the sole and exclusive remedies of Buyer, each of Buyer’s Other Indemnified Persons, the Selling Parties and each of the Selling Party’s Other Indemnified Persons for any Losses or Liabilities arising out of, relating to or resulting from any breach of any representation, warranty, covenant or agreement in this Agreement, any certificate delivered pursuant hereto or the transactions contemplated hereby, or the interpretation, making, performance, breach or termination thereof, will be strictly and exclusively limited to those contained in this Article 8. Except to the extent expressly stated herein to the contrary, the rights and obligations (including remedies) arising out of, relating to, resulting from or in connection with any Ancillary Document are not limited by this Agreement. In furtherance of the foregoing, to the maximum extent permitted by Applicable Law, each Party hereby waives and (if necessary to give effect to this Section 8.3) will cause each of its Other Indemnified Persons to waive, all claims, causes of action and other remedies of such Party against each other as a matter of Contract, equity, under or based upon any Applicable Law or otherwise (including for rescission), except to the extent expressly stated in this Agreement.
(1) Each Party, on behalf of itself and each of its Other Indemnified Persons, hereby expressly waives any rights or benefits available under the provisions of Section 1542 of the California Civil Code, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
(2) Each Party, on behalf of itself and each such Person, fully understands the statutory language of said statute and nevertheless elects to and hereby does waive all claims it may have against any of them expressly provided in Section 8.3(i), whether known or unknown, arising from the subject matter of this waiver and specifically waives any rights which it may have under said statute. Each Party, on behalf of itself and each such Person, fully understands that if the facts with respect to this waiver are found hereafter to be other than or different from the facts now believed to be true, it expressly accepts and assumes the risk of such possible difference in fact notwithstan...
Sole and Exclusive Remedies. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED(INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). THE REMEDIES SET FORTH, FOR THE TIME AND IN THE MANNER PROVIDED ABOVE, SHALL BE CUSTOMER’S EXCLUSIVE REMEDIES FOR FAILURE OF SERVICE PROVIDER TO MEET ITS WARRANTY OBLIGATIONS, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE.
