Standard Exclusions Sample Clauses

Standard Exclusions. Notwithstanding the foregoing in Section 3, Confidential Information does not include information that (a) was in receiving party’s possession before receipt from the disclosing party; (b) is or becomes a matter of public knowledge through no fault of receiving party; (c) is received by receiving party from a third party having an apparent bona fide right to disclose the information without a duty of confidentiality to the disclosing party, or (d) is independently developed by receiving party without use of the disclosing party’s Confidential Information.
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Standard Exclusions. Notwithstanding the foregoing, KnowBe4 will have no obligation with respect to any claim of infringement to the extent it is based upon or arises out of Customer’s (including its representatives): (a) use or combination of the Subscription Services with any third-party intellectual property not authorized by KnowBe4; (b) modification or alteration of the Subscription Services by Customer, or Customer’s representatives, not authorized KnowBe4 or the Documentation; (c) use of the Subscription Services in excess of the permissible uses in the Agreement or the Documentation; (d) specifications or other intellectual property provided by Customer; or (e) failure to implement updates, modifications, or replacements issued by KnowBe4 to the Subscription Services (collectively, the “Excluded Claims”).
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Standard Exclusions. Unless specifically included as a line item in this quotation’s scope of supply the following are excluded from our scope of deliverables:  L&I filing fees, prevailing wage compliance.  Electrical installation.  Stamped seismic calculations for Seismic Zone compliance.  Conduit, wire or cable external to the control system panels listed in this scope  Mounting brackets, stanchions, supports, pads that are not integral to the control system panels or process instruments listed in this scope.  Liquidated damages (available upon request and definition of scope)  Credit Card payment (service available for additional fee)  Cost of Utility service (cost provided by City of Bainbridge Island) Upgrades for Water 2019 9.0% Creosote Road Tank S&B Model A- 16I8Q4AI-TP7 -I- 1 $7,300.00 $7,252.00 $10,600.00 $1,358.00 $1,076.22 $27,586.22 Xxxxxxxx PRV S&B Xxxxx X- 00X0X0XX-XX0 -X- 4 $8,390.00 $7,252.00 $9,900.00 $2,670.00 $1,131.30 $29,343.30 Cherry PRV S&B Model A- 16I8Q8AI-TP7 -I- 4 Complete in Future CIP Ferncliff S&B Model X- 00X0X0XX-XX0 -X- 0 $8,820.00 $9,276.00 $13,030.00 $2,670.00 $1,413.00 $35,209.00 Grow and Xxxxx S&B Model X- 00X0X0XX-XX0 -X- 0 Complete in Future CIP Xxxxxx Ave Well S&B Model B- 16I8Q4AI-TP7 -I- 1 $9,040.00 $7,252.00 $11,230.00 $1,010.70 $28,532.70 Upgrades for Sewer 2019 Lower Xxxxxx Pump Station S&B Model X- 00X0X0XX-XX0 -X- 0 -XXX $7,110.00 $7,252.00 $10,890.00 $1,336.00 included $1,100.34 $27,688.34 Island Terrace Pump Station use RTU from old Village LS $- $7,252.00 $1,500.00 $1,336.00 included $255.24 $10,343.24 Xxxxxxxx Pump Station S&B Model X- 00X0X0XX-XX0 -X- 0 -XXX $7,110.00 $7,252.00 $10,890.00 $1,336.00 included $1,100.34 $27,688.34 Ferry Terminal Pump Station S&B Model A- 16I8Q8AI-TP7 -I- 4X-ISR $7,110.00 $7,252.00 $11,520.00 $1,336.00 included $1,157.04 $28,375.04 Klickitat Pump Station S&B Model X- 00X0X0XX-XX0 -X- 0 -XXX $7,110.00 $7,252.00 $10,890.00 included $980.10 $26,232.10 Move existing PLC RTUs from obsolete TI545PLC to S7 PLC Sunday Cove S&B Model 6000-C7 $3,460.00 $- $1,950.00 existing $175.50 $5,585.50 Vineyard S&B Model 6000-C7 $- $- $2,300.00 existing $207.00 $2,507.00 Sakai Village S&B Model 6000-P4 $3,460.00 $- $1,950.00 existing $175.50 $5,585.50 Rockaway S&B Model 6000-C7 $3,460.00 $- $1,950.00 existing $175.50 $5,585.50 North Town Xxxxx S&B Model 6000-P4 $3,460.00 $7,252.00 $1,950.00 $2,800.00 $427.50 $15,889.50 Lynnwood S&B Model 6000-P4 $3,460.00 $7,252.00 $1,950.00 $4,600.00 $589.50 $17,851.50 SCAD...
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Standard Exclusions. Notwithstanding the foregoing, KnowBe4 will have no obligation with respect to any claim of infringement to the extent it is based upon or arises out of Customer’s (including its representatives): (a) use or combination of the Subscription Services with any third-party intellectual property not authorized by KnowBe4; (b) modification or alteration of the Subscription Services by Customer, or Customer’s representatives, not authorized KnowBe4 or the Documentation; (c) use of the Subscription Services in excess of the permissible uses in the Agreement or the Documentation;
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Standard Exclusions. Support Services of the Product is limited to the Product as shipped and configured in accordance with Moogsoft Documentation. Support Services do not apply to any item or matter including, but not limited to, the End User's: 1) Operating software pertaining and delivered with devices such as, by way of example only, personal computers, database computers and similar devices, which operate in conjunction with the Product but are equipped with operating software not produced by Moogsoft. Should such devices exist, Moogsoft's responsibility under this Support Addendum is limited to the Product that is loaded within such devices but not the devices; 2) Custom software and third party software developed by End User or a third party (including any software developed by End User or a third party based on sample-only custom software developed by Moogsoft or using or referencing Moogsoft Toolkits and API’s); 3) Local area networks and wide area networks, including router and remote access links and other network connectivity; 4) Database administration and support, relating to database installations, upgrades, and data backups/restores (for Product hosted on the End User’s premises); 5) Operating platform administration and support, for example, installations, hardware diagnostics, patch maintenance; 6) Network element management systems, network elements and associated firmware; and 7) Business processes, methods and procedures, or custom training courseware.
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Standard Exclusions. Unless specifically included in the “General Scope of Work” section above, this Agreement does not include labor or materials for the following work: Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). Custom milling of any wood for use in project. Moving Owner’s property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Final construction cleaning (Contractor will leave site in “broom swept” condition). Landscaping and irrigation work of any kind. Correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh which may be discovered in the removal of walls or the cutting of openings in walls (except as otherwise noted). Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor’s good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Exact matching of existing finishes. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. Cost of correcting errors and omissions by the Owner’s design professionals and separate contractors or agents. Cost of correcting/testing/remediating mold/fungus/mildew and organic pathogens unless caused by the sole and active negligence of Contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. Cost to modify and/or remanufacture custom brackets and other custom-fabricated materials that are manufactured per plans and/or specifications but do not fit properly into the structure.
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Standard Exclusions. Unless specifically included in the “General Scope of Work” section above, this Agreement does not include labor or materials for the following work: engineering fees or governmental permits and fees of any kind. Additional work required by governmental plan checkers on final “Red Lined” Job Copy of plans that are yet to be issued. Testing, removal, and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). Custom milling of any wood for use in Project. Moving Owner’s property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning (Contractor will leave site in “broom swept” condition). Landscaping and irrigation work of any kind. Temporary sanitation, power, or fencing. Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh that may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor’s good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes; construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). Exact matching of existing finishes. Public or private utility connection fees. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. Cost of corr...
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Standard Exclusions. The Company shall not be liable to make any payment under the policy, in respect of any expenses incurred in connection with or in respect of:
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Related to Standard Exclusions

  • Additional Exclusions IT IS EXPRESSLY UNDERSTOOD THAT THE SUPPORT SERVICE FEE DOES NOT INCLUDE WORK REQUIRED DUE TO DAMAGE, PROBLEMS OR DEFECTS ARISING AS A CONSEQUENCE OF DISASTERS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WARS, EARTHQUAKES, STORMS, FLOODS, DESTRUCTION, FIRES, EXPLOSIONS, RIOTS, STRIKES, LOCK-OUTS OR ANY OTHER SIMILAR OCCURRENCES DUE TO EXTERNAL INFLUENCES, SUCH AS IMPROPER POWER SUPPLY; USE OF THE COVERED EQUIPMENT IN CONJUNCTION WITH USE OF NON GRASS VALLEY FURNISHED EQUIPMENT OR SOFTWARE UNLESS APPROVED BY GRASS VALLEY IN WRITING; FAILURE TO FOLLOW INSTALLATION, OPERATION, MAINTENANCE OR CARE INSTRUCTIONS, FAILURE TO PERMIT GRASS VALLEY TIMELY ACCESS, REMOTE OR OTHERWISE, FAILURE TO IMPLEMENT ALL NEW UPDATES OR UPGRADES TO SOFTWARE TO THE EXTENT SUCH UPDATE OR UPGRADES ARE MADE AVAILABLE TO CUSTOMER; IMPROPER EXECUTION OF CUSTOMER MAINTENANCE TASKS OR DAILY UPKEEP, FAULTY OPERATION, MISUSE OR NEGLIGENCE; IMPROPER STORAGE, POWER SUPPLY OR AIR-CONDITIONING; DAMAGE CAUSED BY PERSONNEL OTHER THAN GRASS VALLEY REPRESENTATIVES TO INSTALL, REPAIR OR SERVICE COVERED EQUIPMENT, A PROBLEM OR DEFECT WHICH CANNOT BE REPRODUCED BY GRASS VALLEY OR CUSTOMER; TRANSPORTATION; ACCIDENTS; ANY FAULT CAUSED BY ANY ASSOCIATED EQUIPMENT OR ACCESSORIES NOT PROVIDED BY GRASS VALLEY; VIRUSES OR MALWARE THAT COMES INTO CONTACT WITH THE COVERED EQUIPMENT AFTER THE DATE OF SHIPMENT; OR REPLACEMENT OF CONSUMABLES; AND SERVICES, IMPROVEMENTS TO HARDWARE OR SOFTWARE, OR THIRD PARTY SOFTWARE THAT MAY BE REQUIRED IN ORDER TO SATISFACTORILY IMPLEMENT AN UPDATE OR UPGRADE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ALL SERVICES TO BE PERFORMED IN ORDER TO RECTIFY THE DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT AS SET OUT ABOVE ARE OUTSIDE THE SCOPE OF THE SUPPORT AGREEMENT AND WILL BE CHARGED SEPARATELY AT GRASS VALLEY’S THEN CURRENT RATES. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED THAT THE COVERED EQUIPMENT WILL BE MAINTAINED AT OPERATIONAL CONDITION, TAKING INTO ACCOUNT ITS AGE AND NORMAL WEAR AND TEAR AND NOTHING HEREIN OBLIGATES GRASS VALLEY TO MAINTAIN COVERED EQUIPMENT IN NEW OR LIKE NEW CONDITION. WHERE PERMITTED BY LAW, GRASS VALLEY RESERVES THE RIGHT TO CHARGE A REASONABLE SUPPORT AGREEMENT FEE FOR ANY UNCOVERED PERIODS BETWEEN THE EXPIRATION OF THE WARRANTY TERM AND THE PURCHASE OF THE SUPPORT AGREEMENT.

  • 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.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply: a) if the Product was not purchased and installed in Australia; b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data; c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function; d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered; e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or f) if the serial number on the Product can no longer be identified or has been modified.

  • 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.

  • 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.

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