Excluded Causes definition

Excluded Causes means (i) any failures that are the result of a Force Majeure; (ii) any failures that are caused by the failure of Owner to store or handle the Centrifuge Machines in accordance with the guidelines mutually agreed upon by Owner and Contractor and set forth in a written Memorandum of Understanding; (iii) changes or modifications to parts supplied by Contractor (other than mutually agreed items as defined in Article 17.4 below); or (iv) any failures that result from a design defect.
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Excluded Causes means (a) any modification, reconfiguration, or maintenance of the Software performed by any party other than ICTECT; (b) any use of the Software on a system that does not meet ICTECT’s minimum standards as set forth in Exhibit C for such Software, including use on a modified or unsupported operating system or environment (c) any hardware or non-ICTECT software; (d) failure to implement all Updates issued by ICTECT of which licensee is advised to be required by ICTECT; (e) use of the Software in a manner for which it was not designed as reflected in documentation; and/or (f) accident, or negligence, or misuse of the Software.
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Excluded Causes. Means: a. a defect in the manufacturer’s design of the Supported Equipment; b. faulty materials or workmanship in the manufacture of the Supported Equipment; c. use of the Supported Equipment with computer equipment or materials not supplied or approved in writing by the Supplier; d. any maintenance, alteration, modification or adjustment of the Supported Equipment performed by persons other than the Supplier or its employees or agents, unless approved by the Supplier in accordance with Paragraph 6.1.3 of Schedule A; e. the neglect or misuse of the Supported Equipment; f. the use of the Supported Equipment in breach of any of the provisions of the agreement under which the Supported Equipment was supplied; g. a failure, interruption or surge in the electrical power or its related infrastructure connected to the Supported Equipment; h. the Customer or a third party moving the Supported Equipment; i. a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the Supported Equipment, or an error or omission in the correct use of that air conditioning or other environmental controls by the Customer; j. force majeure; k. neglect or misuse of the Supported Equipment; or l. use of Unsupported Equipment. Fault A reproducible fault which hinders or prevents the Customer from using a material part of the functionality of the Hardware or Software in question. Force Majeure Event Any circumstance not within the Supplier’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; or non-performance by suppliers or subcontractors. Good Working Order The Hardware or Goods (as the context dictates) operate in accordance with the respective operating manuals and specifications. Hardware The hardware (or part of them) which make up all or part of the Goods specified in the Quotation, and any other hardware which the parties agree in writing to be supported under this agreement. Helpdesk The platform at URL xxxxx://xxxxxxx.xxxxxxxxx.xxx (as amended from time to time) via which Support Requests may be submitted by the Customer. Initial Period The minimum initial term for which the Support Se...
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Examples of Excluded Causes in a sentence

  • As soon as practicable after the Effective Date, Noteholder Newco shall be substituted as the plaintiff in all Excluded Causes of Action that were commenced by the Debtors before the Effective Date.

  • Without limiting the generality of the foregoing, Seller agrees to hold Buyer harmless from and indemnify Buyer against all Costs with respect to all Mortgage Loans relating to or arising out of any violation or alleged violation of any environmental law, rule or regulation or any consumer credit laws, including ERISA, the Truth in Lending Act, the Home Ownership and Equity Protection Act and/or the Real Estate Settlement Procedures Act, that, in each case, results from anything other than Excluded Causes.

  • Except as otherwise provided in the Plan or Confirmation Order, on the Effective Date, all property of the Estates of HCS and SCC other than Excluded Causes of Action shall vest in Reorganized HCS and Reorganized SCC, respectively, free and clear of all claims, liens, charges, other encumbrances and interests other than Assumed Liabilities.

  • In accordance with section 1123(b)(3) of the Bankruptcy Code and except as otherwise provided in this Plan, Reorganized HCS and Reorganized SCC shall retain and may (but are not required to) enforce all or any Rights of Actions (excluding Excluded Causes of Action transferred to Noteholder Newco) and all other similar claims arising under applicable state laws, if any, and all other Rights of Action of a trustee under the Bankruptcy Code.

  • In accordance with Section 1123(b)(3) of the Bankruptcy Code and except as otherwise provided in this Plan, Noteholder Newco, as a representative of the estate appointed for this purpose, shall retain and may (but is not required to) enforce all or any Excluded Causes of Action.

  • The (i) Preferred Partnership Distributions, (ii) New Noteholder Partnership Interests, (iii) $200,000 in cash plus excess cash as provided in Section 4.12(vi), and (iv) the Excluded Causes of Action, shall be distributed to Noteholder Newco.

  • Except for monetary liability arising out of the Excluded Causes and payment of any past-due Charges and Reimbursable Expenses, ADT's total monetary liability to IFOX (in contract, tort, indemnity or otherwise) for any acts or omissions arising from or relating to the performance of this Agreement will be limited to payment of actual damages.

  • Spin-Off Litigation Trust A litigation trust (the “Spin-Off Litigation Trust”) will be formed by the Plan to pursue the Excluded Causes of Action.

  • On the Plan Effective Date, the Debtors’ rights, title and interest in the Excluded Causes of Action will vest in the Spin-Off Litigation Trust and will be administered by a trustee (“Spin-Off Litigation Trustee”) as set forth in the Plan.

  • All of the assets and properties of the bankruptcy estate of HCS (other than Excluded Causes of Action and the cash to be distributed under the Plan) will be property of Reorganized HCS, which will continue to exist as a Louisiana general partnership.


More Definitions of Excluded Causes

Excluded Causes means any of the following: misuse, incorrect use of or damage from whatever cause (other than any act or omission by Paninsight), including failure or fluctuation of electrical power; failure by the Customer to maintain the necessary environmental conditions for use; use in combination with software which suffers a fault; any breach of the Customer's obligations under this Agreement howsoever arising; any modification not authorised by Xxxxxxxxxx; or operator error;
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Excluded Causes has the meaning given to it in clause Clause 5.1;
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Excluded Causes has the meaning set forth in Section 6.1.
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Excluded Causes means: (i) a defect in the manufacturer's design of the Maintained Equipment; (ii) faulty materials or workmanship in the manufacture of the Maintained Equipment; (iii) use of the Maintained Equipment with equipment or materials not supplied or approved in writing by the Company; (iv) any maintenance, alteration, modification or adjustment performed by persons other than the Company or its employees or agents; (v) the Customer or a third party moving the Maintained Equipment; (vi) the use of the Maintained Equipment in breach of the Operating Manual or any other reasonable instructions of the Company; (vii) a failure, interruption or surge in the electrical power or its related infrastructure connected to the Maintained Equipment; (viii) a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the Maintained Equipment, or an error or omission in the correct use of that air conditioning or other environmental controls by the Customer; or (ix) the neglect or misuse of the Maintained Equipment.
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Excluded Causes shall have the meaning ascribed to it in Section 17.2(c).
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Excluded Causes means (i) modification of the Fluidigm Technology by Novartis, its Affiliates or sublicensees unless Fluidigm has been notified of such modification in writing and fails to reasonably object to such modification by written notice to Novartis within sixty (60) days following such notification; (ii) the combination by Novartis, its Affiliates, its sublicensees and their respective customers of Fluidigm Technology with any product or item not provided by or on behalf of Fluidigm or any of its Affiliates unless Fluidigm has been notified of such combination in writing and fails to reasonably object to such combination by written notice to Novartis within sixty (60) days following such notification; (iii) Fluidigm’s compliance with Novartis’ specifications or designs if, prior to such compliance, Fluidigm reasonably objects to such compliance by written notice to Novartis; or (iv) any name or xxxx included on a Novartis Licensed Product not applied by Fluidigm (or applied at Novartis’ request). In addition, Fluidigm shall have no liability or obligation under Section 8.2 or this Section 8.3 with respect to items incorporated into Fluidigm Products at Novartis’ request (and in the manner specified by Novartis, if Novartis has specified a manner in writing), including reagents and mastermixes if, prior to such incorporation, Fluidigm reasonably objects to such incorporation by written notice to Novartis within thirty (30) days of such request (“Additional Excluded Items”).
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Related to Excluded Causes

  • Excluded Cash means, as of any date, (a) any cash or cash equivalents allocated for, reserved or otherwise set aside to pay royalty obligations, working interest obligations, vendor payments, suspense payments, similar payments as are customary in the oil and gas industry, severance and ad valorem taxes, payroll, payroll taxes, other taxes, employee wage and benefit payments and trust, fiduciary, or other obligations of the Credit Parties then due and owing (or to be due and owing within five (5) Business Days) and for which the Credit Parties have issued checks or has initiated wires or ACH transfers (or, in such Credit Parties’ discretion, will issue checks or initiate wires or ACH transfers within five (5) Business Days) in order to pay, (b) any cash or cash equivalents allocated for, reserved or otherwise set aside to pay other amounts due and owing as of such date (or to be due and owing within five (5) Business Days) to Persons who are not Affiliates of the Credit Parties, (c) any cash or cash equivalents of the Credit Parties constituting pledges and/or deposits securing any binding and enforceable purchase and sale agreement with any Persons who are not Affiliates of the Credit Parties, in each case to the extent permitted by this Agreement, (d) any cash or cash equivalents of any Credit Party to be used by such Credit Party within five (5) Business Days to pay the purchase price for any acquisition of any assets or property by such Credit Party pursuant to an executed and binding agreement between such Credit Party and a third-party seller that is not an Affiliate of such Credit Party (to the extent such acquisition is permitted by this Agreement), (e) any cash collateral account in respect of letters of credit permitted under this Agreement, (f) any cash required to be applied to any mandatory prepayment of the Revolving Loans pursuant to Section 2.10(a), as applicable, and (g) to the extent not otherwise included in the preceding clauses (a) through (f), any cash contained in any Excluded Accounts (other than such Excluded Accounts referred to clause (g) in the definition thereof).

  • Excluded Capital Stock means:

  • Excluded Claims means (a) a party’s breach of its obligations in Section 5 (Confidential Information) (but excluding obligations and/or claims relating to Customer Data); (b) either party’s express obligations under Section 11 (Indemnification); and (c) liability which, by law, cannot be limited.

  • Excluded Contract means, at any date, any rights or interest of the Borrower or any Guarantor under any agreement, contract, license, instrument, document or other general intangible (referred to solely for purposes of this definition as a “Contract”) to the extent that such Contract by the terms of a restriction in favor of a Person who is not the Borrower or any Guarantor, or any requirement of law, prohibits, or requires any consent or establishes any other condition for or would terminate because of an assignment thereof or a grant of a security interest therein by the Borrower or a Guarantor; provided that (i) rights under any such Contract otherwise constituting an Excluded Contract by virtue of this definition shall be included in the Collateral to the extent permitted thereby or by Section 9-406 or Section 9-408 of the Uniform Commercial Code and (ii) all proceeds paid or payable to any of the Borrower or any Guarantor from any sale, transfer or assignment of such Contract and all rights to receive such proceeds shall be included in the Collateral.

  • Excluded Claim means a dispute, controversy or claim that concerns (a) the validity or infringement of a patent, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory.

  • Excluded Costs means all of the following costs and expenses incurred in connection with the provision of the Management Services hereunder:

  • Excluded Contribution means net cash proceeds, marketable securities or Qualified Proceeds received by the Issuer from

  • Excluded Debt means (i) intercompany Indebtedness between or among the Borrower and any of its Subsidiaries, (ii) credit extensions under the Existing Credit Agreement and the Existing Securitization Facility, (iii) (x) credit extensions under any Indebtedness of any Subsidiary of the Borrower arising from cash pooling and related overdraft arrangements in the ordinary course of business and (y) credit extensions under any Indebtedness of any Subsidiary of the Borrower set forth on Schedule 1.01 (for the avoidance of doubt, excluding debt securities and syndicated credit facilities) and any refinancing, renewal, refunding, extension or replacement thereof (in each case, except to the extent constituting Indebtedness of the Borrower (other than a Guarantee by the Borrower) and excluding debt securities and syndicated credit facilities) in an aggregate principal amount not to exceed the refinanced, renewed, refunded, extended or replaced funded amount thereof plus accrued and unpaid interest or premiums thereon and fees and expenses incurred in connection therewith plus (without duplication) an amount equal to any commitment unutilized thereunder and (iv) other Indebtedness (other than debt securities and syndicated credit facilities) not included in clauses (i), (ii) and (iii) above in an outstanding aggregate principal amount not to exceed $150,000,000; provided, further, in no event shall any Indebtedness (other than credit extensions pursuant to immediately preceding clause (ii)) which gives effect (whether in whole or in part) to the refinancing, renewal, refunding, extension or replacement of the Borrower’s existing 6.625% Notes due 2016 constitute “Excluded Debt”.

  • Excluded Contracts has the meaning set forth in Section 2.02(a).

  • Excluded Issuance means an issuance and sale of Qualified Capital Stock of Holdings, to the extent such Qualified Capital Stock is used, or the Net Cash Proceeds thereof shall be, within ninety (90) days of the consummation of such issuance and sale, used, without duplication, to finance Capital Expenditures or one or more Permitted Acquisitions.

  • Excluded Contributions means the Cash Equivalents or other assets (valued at their Fair Market Value as determined in good faith by senior management or the Board of Directors of the Issuer) received by the Issuer after the Issue Date from:

  • Excluded Matter means any action, suit or proceeding by the Corporation or one of its subsidiaries against any Indemnitee who is or was an employee, but not an officer, of the Corporation, or is or was serving at the request of the Corporation as an employee, but not as a director or officer, of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise.

  • Excluded Issuances means any issuance or sale (or deemed issuance or sale in accordance with Section 4(c)) by the Company after the Original Issue Date of: (a) shares of Common Stock issued upon the exercise of this Warrant; or (b) shares of Common Stock (as such number of shares is equitably adjusted for subsequent stock splits, stock combinations, stock dividends and recapitalizations) issued directly or upon the exercise of Options to directors, officers, employees, or consultants of the Company in connection with their service as directors of the Company, their employment by the Company or their retention as consultants by the Company, in each case authorized by the Board and issued pursuant to the Company’s Amended and Restated 2018 Stock Incentive Plan (including all such shares of Common Stock and Options outstanding prior to the Original Issue Date), so long as the exercise price in respect of any Options is not less than the Fair Market Value of the Common Stock as of the date such Option is issued.

  • Excluded Country means one of the following countries from which Non-Medical Emergency Evacuations are not available such as Afghanistan Chechnya Democratic Republic of the Congo Iran Iraq Israel West Bank Israel Gaza Strip Ivory Coast Lebanon Libya North Korea Somalia Sudan Syria or any country subject to the administration and enforcement of U.S. economic embargoes and trade sanctions by the OFFICE OF FOREIGN ASSET CONTROLS (OFAC);

  • Excluded IP has the meaning assigned to such term in the U.S. Security Agreement.

  • Excluded Collateral shall have the meaning assigned to such term in the Security Agreement.

  • Excluded Equity means any Voting Stock in excess of 66% of the total outstanding Voting Stock of any direct Subsidiary of any Grantor that is a Non-U.S. Person. For the purposes of this definition, “Voting Stock” means, as to any issuer, the issued and outstanding shares of each class of capital stock or other ownership interests of such issuer entitled to vote (within the meaning of Treasury Regulations § 1.956-2(c)(2)).

  • Excluded Matters shall have the meaning given such term in Section 13.3 hereof.

  • Excluded Day shall have the meaning set forth in Section 2.3.1(b).

  • Excluded Stock means:

  • Excluded Withholding Taxes means (i) withholding Taxes imposed by the United States except to the extent that such United States withholding Taxes are imposed or increased as a result of any change in applicable law (excluding from change in applicable law for this purpose a change in an applicable treaty or other change in law affecting the applicability of a treaty) after the date hereof, or in the case of a successor Liquidity Provider (including a transferee of an Advance) or Facility Office, after the date on which such successor Liquidity Provider obtains its interest or on which the Facility Office is changed, (ii) any withholding Taxes imposed by the United States which are imposed or increased as a result of the Liquidity Provider failing to deliver to the Borrower any certificate or document (which certificate or document in the good faith judgment of the Liquidity Provider it is legally entitled to provide) which is reasonably requested by the Borrower to establish that payments under this Agreement are exempt from (or entitled to a reduced rate of) withholding Tax and (iii) Taxes imposed under Sections 1471 through 1474 of the Internal Revenue Code of 1986, as amended.

  • Available Excluded Contribution Amount means the aggregate amount of Cash or Cash Equivalents or the fair market value of other assets (as determined by the Borrower in good faith, but excluding any Cure Amount) received (or deemed received) by the Borrower or any of its Restricted Subsidiaries after the Closing Date from:

  • Excluded Events has the meaning set forth in Section 6.1(d)(ii).

  • Excluded Entity means a corporation or other entity of which the holders of voting capital stock of the Company outstanding immediately prior to such transaction are the direct or indirect holders of voting securities representing at least a majority of the votes entitled to be cast by all of such corporation’s or other entity’s voting securities outstanding immediately after such transaction.

  • Excluded Real Property means (a) any fee-owned real property with a purchase price (in the case of real property acquired after the Effective Date) or Fair Market Value (in the case of real property owned as of the Effective Date, with Fair Market Value determined as of the Effective Date) of less than $3,500,000 individually, (b) any real property that is subject to a Lien permitted by Sections 6.02(iv), (xix), (xxii), (xxiii), (xxviii) or (xxxi), (c) any real property with respect to which, in the reasonable judgment of the Term Administrative Agent (confirmed by notice to the Borrower) the cost (including as a result of adverse tax consequences) of providing a Mortgage shall be excessive in view of the benefits to be obtained by the Lenders, (d) any real property to the extent providing a mortgage on such real property would (i) be prohibited or limited by any applicable law, rule or regulation (but only so long as such prohibition or limitation is in effect), (ii) violate a contractual obligation to the owners of such real property (other than any such owners that are the Borrower or Affiliates of the Borrower) that is binding on or relating to such real property (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code) but only to the extent such contractual obligation was not incurred in anticipation of this provision or (iii) give any other party (other than the Borrower or a wholly-owned Restricted Subsidiary of the Borrower) to any contract, agreement, instrument or indenture governing such real property the right to terminate its obligations thereunder (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code or other applicable law) and (e) any Leasehold.

  • Excluded Obligations has the meaning set forth in Section 2.5.