TO THE Sample Clauses
TO THE. FUND PARTICIPATION AGREEMENT
TO THE. REFERENCE TRUST AGREEMENT
TO THE. Reinsurance Agreement (effective November 1, 1985 for facultative reinsurance effective April 1, 1986 for automatic reinsurance) Between LIFE INSURANCE COMPANY OF VIRGINIA (Ceding Company) and SECURITY LIFE OF DENVER INSURANCE COMPANY (Security Life) The parties agree to reinsure under the terms and conditions of the Agreement issues of your Graded Premium Whole Life product (Form No. P1410 - 3/87) where the policy issue dates are on or after May 1, 1987, for issue ages 0-70. In addition, the following conditions shall apply to the reinsurance of the above named plan:
TO THE. FULL EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 11.2 BELOW, FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, ARCTIC WOLF WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR: (A) DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SOLUTIONS, LOST REVENUES OR PROFITS, LOSS OF SOLUTIONS, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION, BREACHES BY AN AUTHORIZED PARTNER, OR BREACHES IN CUSTOMER’S SYSTEM SECURITY; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (C) ANY AMOUNTS THAT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SOLUTIONS THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT ARCTIC WOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES UNDERSTAND AND AGREE THAT THE LIMITATIONS OF LIABILITIES FOR EACH PARTY SET FORTH IN THIS AGREEMENT ARE REASONABLE AND THEY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS OF LIABILITY IN THIS SECTION 11, WITH RESPECT TO ARCTIC WOLF AUSTRALIAN CUSTOMERS, ARE SUBJECT TO THE COMPETITION AND CONSUMER ACT 2010 (CTH) SCH 2 AND SECTION
TO THE. SUPPLIER MASTER AGREEMENT
TO THE. General Terms and Conditions’ clauses listed below which differ from ordinary contractual practice or which are held to be important for other reasons: 3.3, 14.6, 15.7, 17.3, 17.4, 19.2, 20.3, 20.13, 22.3, 26.1., Chapter V.
TO THE. Stockholders Agreement ---------------------- substantially in the form of Exhibit D attached hereto shall have each been executed and delivered by the parties (other than the Investors) thereto.
TO THE. TUFTS UNIVERSITY LICENSE AGREEMENT
TO THE. Employment Agreement