When These Exclusions May Not Apply Sample Clauses

When These Exclusions May Not Apply. The provisions of any local law which implies terms into this Agreement will not apply to the extent that local law permits the parties to contract out of the law. However, the limitations and exclusions in this Agreement do not change Company’s rights if the laws of its state, province or country do not allow. For example, the limitations on liability may not apply to Company if applicable law does not allow it. If applicable law gives Company any implied terms, despite the exclusions and limitations in this Agreement, then to the extent permitted by applicable law, Company’s remedies are limited to repair or replacement of the Product and if Microsoft cannot repair or replace the Product, Microsoft will refund the amount Company paid for it.
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Related to When These Exclusions May Not Apply

  • WHAT WE EXCLUDE In addition to the exclusions appearing in the section "Which general exclusions apply to all of our covers?", we do not cover interruptions following: • cosmetic treatment, health cure, voluntary termination of pregnancy, in vitro fertilisation and its consequences; • depressive, mental or psychological illness without hospitalisation of less than three days; • epidemics or pandemics. WHAT WE EXCLUDE Apart from the exclusions appearing in the section “Which general exclusions apply to all our covers?", we cannot intervene or compensate if the immobilisation is due to: • running out of fuel or using the wrong fuel; • puncture; • losing, mislaying, theft or breakage of keys other than breakage of the key in the vehicle's steering anti-theft system; • repeated breakdowns of the same type caused by failure to repair the vehicle after our agents have initially intervened during the month preceding the event; • air conditioning problems and breakdowns; • unless stated otherwise in the policy, damage to bodywork that does not result in immobilisation of the vehicle; • consequences immobilising the vehicle for servicing; • Failures of alarm systems not fitted as standard. Our cover excludes reimbursements of: • fuel costs; • personal items and effects left in and/or on the vehicle; • customs and surveillance costs other than those previously agreed on by the assistance service; • goods and animals being carried; • vehicle repair and towing costs, spare parts; • all costs other than coverage of a replacement vehicle within the limits provided for in the Schedule of Cover. Immobilisation of the following vehicles is excluded from replacement vehicle cover: • motorcycles under 125 cc; • mopeds, scooters; • luggage trailers of a gross vehicle weight of more than 750 kg; • non-standard trailers and all trailers other than those intended for carrying luggage, as well as boat trailers and vehicle-carrying trailers; • registered motorised quadricycles driven without a licence; • vehicles intended to carry people for money such as driving-school cars, ambulances, taxis, hearses and hired vehicles; • vehicles designed to carry goods and animals. should comply with the following weight and dimensions: • Maximum weight: Less than 10 kilograms Maximum dimensions: the sum of the length, width and height of the parcel must not exceed 150 centimetres. Under no circumstances can the Insurer be held liable for: • delays attributable to the transport providers selected to deliver the forgotten item. the breakage, loss, damage or theft of the forgotten Item during transportation; • consequences resulting from the nature of the forgotten item; a refusal by national or international customs to authorise the shipment of the forgotten item.

  • INCOME NOT EXPRESSLY MENTIONED Items of income of a resident of a Contracting State which are not expressly mentioned in the foregoing Articles of this Agreement shall be taxable only in that Contracting State except that if such income is derived from sources in the other Contracting State, it may also be taxed in that other State.

  • Remedies Not Exclusive The remedies for breach set forth in this Contract are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this Contract does not preclude resort by either Party to any other remedies provided by law.

  • Singular and Plural; Gender In this Agreement whenever the male pronoun is used, it shall be deemed to include the female pronoun or vice versa and, likewise, whenever the singular is used, it shall be deemed to include the plural, as the context requires.

  • General Exclusion Neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective gross negligence, wilful default or fraud. In no circumstance, shall we have liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our negligence.

  • Not Exclusive Nothing herein shall be construed as prohibiting you or your affiliates from acting as an underwriter or financial adviser or in any other capacity for any other persons (including other registered investment companies or other investment managers).

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regard- less of any other cause or event contributing concur- rently or in any sequence to the loss.

  • Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule.

  • Singular Includes the Plural; Gender; Title Reference Whenever the singular number is used in this Contract and when required by the context, the same shall include the plural, and the use of any gender, be it masculine, feminine or neuter, shall include all of the genders, and the word “person” or “entity” shall include corporation, firm, partnership, or any other combination or association. The use of the title “Bidder”, “Vendor”, “Contractor” or “Consultant” within this contract or associated bid documents shall be deemed interchangeable and shall refer to the person or entity with whom the City of Sparks is contracting for the service or product referenced within this contract.

  • Variation of these clauses The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.

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