Exclusive Remedy definition

Exclusive Remedy. The dispute resolution mechanism of this Agreement is the exclusive remedy for resolving disputes regarding a teacher’s compliance with the standards of the CACS.
Exclusive Remedy. Buyer's exclusive remedy and Nunhems’ sole liability for loss or damage arising from purchase or use of the Products shall be an amount equal to the price paid, if any, for the relevant Products used. Additionally, if any of the Products are repackaged, all remedies against Xxxxxxx will be waived, including return of the purchase price, and Nunhems will have no liability whatsoever to any other party.
Exclusive Remedy. LICENSEE'S EXCLUSIVE REMEDY AGAINST ANY PARTY FOR BREACH OF THIS AGREEMENT IN THE PERFORMANCE OF THE SOFTWARE SHALL BE, AT BROOKLINE'S CHOICE, (A) CORRECTION OF ANY ERROR OR DEFECT IN THE SOFTWARE AS TO WHICH LICENSEE HAS GIVEN NOTICE AT NO CHARGE TO LICENSEE, (B) REPLACEMENT OF THE SOFTWARE INVOLVED, OR (C) IN THE EVENT THE SOFTWARE DEFECT IS NOT REMEDIED BY CORRECTION OR REPLACEMENT WITHIN 90 DAYS OF LICENSEE NOTIFYING BROOKLINE IN WRITTEN DETAIL OF THE DEFECT(S) AT ISSUE, LICENSEE SHALL BE REFUNDED IN FULL ANY AND ALL PAYMENTS MADE FOR THE SOFTWARE AND WHEREUPON THIS AGREEMENT SHALL BE TERMINATED.

Examples of Exclusive Remedy in a sentence

  • Construction Manager’s Exclusive Remedy: In the event the construction Substantial or Final Completion date is extended in accordance with section 10.2, regardless of whether delay is caused by any act or neglect of the Owner or the Architect/Engineer, or is attributable to the Owner or the Architect/Engineer, the Construction Manager's sole and exclusive remedy is an extension of the construction completion date.

  • Design-Build Firm's Exclusive Remedy: In the event the Construction Substantial or Final Completion date is extended, regardless of whether delay is caused by any act or neglect of the County, or is attributable to the County, the Design-Build Firm's sole and exclusive remedy is an extension of the Construction completion date.

  • The Terms of Use (including, without limitation, Sections 18 (Disclaimer of Warranties), 19 (Limitation of Liability; Sole and Exclusive Remedy), 21 (Dispute Resolution and Governing Law) and 22 (Binding Arbitration)) are hereby incorporated into this Investor Acknowledgement by this reference.

  • The Terms of Use (including, without limitation, Sections 19 (Disclaimer of Warranties), 20 (Limitation of Liability; Sole and Exclusive Remedy), 22 (Dispute Resolution and Governing Law) and 23 (Binding Arbitration)) are hereby incorporated into this Investor Acknowledgement by this reference.

  • Exclusive Remedy; Release Players who are alleged to have committed a Doping Offense, or who seek to appeal the denial of a TUE, must raise all of their claims and defenses through the procedures specified in this Protocol and are precluded from any other form of dispute resolution.

  • Alvarado, that there could be more than one employer for purposes of the Workers’ Compensation Act and its Exclusive Remedy Doctrine.

  • The exception to the Exclusive Remedy Doctrine arises when an employee is fatally injured.

  • The immunity protections provided by the Exclusive Remedy Doctrine will then apply and equally protect the general contractor from being sued by any injured employee of the participating subcontractor.

  • From a statutory standpoint, in Texas, a construction worker who is injured in the course and scope of his employment and who is provided workers’ compensation coverage is legally barred from suing his employer pursuant to the Exclusive Remedy Doctrine.

  • SURVIVAL 44 10.1 Survival of Representations and Warranties 44 10.2 Indemnification by Seller 44 10.3 Indemnification by Purchaser 45 10.4 Indemnification Procedures 46 10.4 Escrow 46 10.5 Exclusive Remedy 58 Article 11.


More Definitions of Exclusive Remedy

Exclusive Remedy. LICENSEE'S EXCLUSIVE REMEDY AGAINST ANY PARTY FOR NONPERFORMANCE OF THE WARRANTY SHALL BE LICENSOR'S CORRECTION OF ANY ERROR OR DEFECT IN THE PROGRAM OF WHICH LICENSEE HAS GIVEN NOTICE TO LICENSOR.
Exclusive Remedy. The dispute resolution mechanism of this Agreement is the exclusive remedy for resolving disputes regarding a teacher’s compliance with the standards and payments of the SLPATPPS system. Section 2. Procedures:
Exclusive Remedy. The dispute resolution mechanism of this Agreement is the exclusive remedy for resolving disputes regarding a teacher’s compliance with the standards of the MVTPPS.
Exclusive Remedy. The exclusive remedy of Subscriber for any reason and for any cause of action whatsoever in connection with or relating to the Agreement, the Software, Services, or any transaction involving the Software or Services, regardless of the form of action, whether in contract or in tort, shall be limited to repair or replacement of the Software or re-performance of Services, as determined by Licensor.
Exclusive Remedy. The warranty and remedy set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No GKI dealer, distributor, agent or employee is authorized to make modification or addition to this warranty. This warranty gives you specific legal rights and you may also have rights which vary from state to state. After expiration of the Warranty period (the "Warranty Period"), you or your customer, and not GKI or its dealers, distributors, agents, or employees, assume the entire cost of all necessary service, repair or correction.
Exclusive Remedy. In the event of a breach of the limited warranty above, your exclusive remedy relative to the Programs shall be for Cloud Linux, at Cloud Linux's option, to either: (i) replace the Programs that does not meet the limited warranty; or (ii) refund to you the Programs license fees (and no other fees) paid by you, during the 12 month period immediately preceding the breach of the limited warranty, for the Programs which fails to comply with the limited warranties.

Related to Exclusive Remedy

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.