LIMITATION OF REMEDIES definition

LIMITATION OF REMEDIES. Pitney Bowes' entire liability and Client's exclusive remedy shall be the replacement of any LICENSED PROGRAMS and/or media which are returned to Pitney Xxxxx. IN NO EVENT WILL PITNEY XXXXX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF SUCH LICENSED PROGRAMS BY CLIENT OR ANY THIRD PARTY EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT’S MAXIMUM LIABILITY FOR A BREACH OF THE OWNERSHIP AND USE AND OTHER RESTRICTIONS SECTIONS OF THIS SOFTWARE LICENSE EXHIBIT WILL BE LIMITED TO THE THEN CURRENT COMMERCIAL LIST PRICE FOR SUCH BREACH AS IF THE BREACH HAD NOT
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LIMITATION OF REMEDIES. ALL WARRANTIES OR GUARANTEES MADE BY NDS IN CONNECTION WITH ITS SERVICES ARE LIMITED TO THOSE SET FORTH IN THIS ARTICLE 11. NDS MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WHETHER FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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Examples of LIMITATION OF REMEDIES in a sentence

  • THIS BASIC MANUFACTURER’S LIMITED WARRANTY IS SUBJECT TO THE TERMS AND PROVISIONS IN SUBSECTION (i), (LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES) SET FORTH BELOW IN THE EVENT OF ANY INCONSISTENCY BETWEEN SUBSECTION (A) AND SUBSECTION (i) OF THIS PRODUCT WARRANTY, THE PROVISIONS OF SUBSECTION (i) SHALL PREVAIL.

  • Buyer’s remedy shall be limited to and pro-rated as follows: APPLICABLE REMEDY FROM DATE OF PURCHASE (i) LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIESEXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE HEREBY EXCLUDED AND DISCLAIMED.THE REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE BUYER.

  • Buyer’s remedy shall be limited to and pro-rated as follows:APPLICABLE REMEDY FROM DATE OF PURCHASE(i) LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIESEXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE HEREBY EXCLUDED AND DISCLAIMED.THE REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE BUYER.

  • LIMITATION OF REMEDIES, LIABILITY, AND DAMAGES EXCEPT AS SET FORTH HEREIN WITH RESPECT TO THE PRODUCT, THERE ARE NO WARRANTIES BY EITHER PARTY UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED.

  • THE LIMITATION OF REMEDIES IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  • THIS BASIC MANUFACTURER’S LIMITED WARRANTY IS SUBJECT TO THE TERMS AND PROVISIONS IN SUBSECTION (F), (LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES) SET FORTH BELOW IN THE EVENT OF ANY INCONSISTENCY BETWEEN SUBSECTION (A) AND SUBSECTION (F) OF THIS PRODUCT WARRANTY, THE PROVISIONS OF SUBSECTION (F) SHALL PREVAIL.

  • THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.

  • THE REMEDIES SET FORTH IN THIS PARAGRAPH ARE SUBJECT TO THE "LIMITATION OF REMEDIES" SET FORTH BELOW IN SECTION 14.

  • LIMITATION OF REMEDIES: PURCHASER'S EXCLUSIVE REMEDY FOR ANY DEFECTIVE GOOD IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE GOOD.

  • THE PROVISIONS OF THIS SECTION LIMITING REMEDIES TO REFUND OR REPLACEMENT, LIMIT LIABILITY AND EXCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE INDEPENDENT PROVISIONS AND ANY DETERMINATION THAT ANY SUCH LIMITATION OF REMEDIES FAIL, OR ITS ESSENTIAL PURPOSE OR ANY OTHER DETERMINATION THAT ANY OF THE AFOREMENTIONED PROVISIONS UNENFORCEABLE SHALL NOT BE CONSTRUED TO MAKE ANY OTHER PROVISION UNENFORCEABLE.

Related to LIMITATION OF REMEDIES

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Notice of Removal means a notice, under clause 17.4.5, from an Association to a Nominated Person Removing the Nominated Person.

  • 13 Interest Rate Agreements"..............................................................13 "Inventory Facility"....................................................................14 "Investment"............................................................................14 "Issue Date"............................................................................14 "Lien"..................................................................................14 "Liquidated Damages"....................................................................14 "Manufacturer"..........................................................................15 "Maturity"..............................................................................15 "Moody's"...............................................................................15 "Net Cash Proceeds".....................................................................15 "Non-U.S. Person".......................................................................16 "Officers' Certificate".................................................................16 "Opinion of Counsel"....................................................................16 "Opinion of Independent Counsel"........................................................16 "Outstanding"...........................................................................16 "Pari Passu Indebtedness"...............................................................17 "Paying Agent"..........................................................................17 "Permitted Guarantor Junior Payment"....................................................17 "Permitted Holders".....................................................................17 "Permitted Investment"..................................................................18 "Permitted Junior Payment"..............................................................19 "Permitted Subsidiary Preferred Stock"..................................................19 "Person"................................................................................19 "

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Non-Consolidation Opinion means that certain substantive non-consolidation opinion delivered to Lender in connection with the closing of the Loan.

  • 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.

  • law enforcement means the prevention, detection or investigation of terrorist offences or other serious criminal offences;

  • Event of Default Under the Trust Indenture With respect to any MBS, any “Event of Default” under the Trust Indenture pursuant to which such MBS was issued. Xxxxxx Xxx: Federal National Mortgage Association, a body corporate organized and existing under the laws of the United States, or its successor in interest or any successor appointed as herein provided. Unless the context requires otherwise, the term “Xxxxxx Mae” shall be deemed to refer to the Federal National Mortgage Association acting in its corporate capacity and not in its capacity as Trustee hereunder.

  • Default Under the Trust Indenture With respect to any MBS, any condition, occurrence or event which, if continued for any specified period of time after the giving of any requisite notice, would be an “Event of Default” under the Trust Indenture pursuant to which such MBS was issued.

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • Event of Eminent Domain with respect to any Property, (a) any compulsory transfer or taking by condemnation, seizure, eminent domain or exercise of a similar power, or transfer under threat of such compulsory transfer or taking or confiscation of such Property or the requisition of the use of such Property, by any agency, department, authority, commission, board, instrumentality or political subdivision of any state, the United States or another Governmental Authority having jurisdiction or (b) any settlement in lieu of clause (a) above.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Exclusive Right to Sell listing means that if you, the owner of the property, find a buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker.

  • Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activi- ties.

  • Severability If any provision of this Consulting Agreement is invalid, illegal, or unenforceable, the balance of this Consulting Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

  • freezing of funds means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;

  • Performance of duties means duties performed within the employee’s authorized scope of employment and performed in the line of duty.

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.

  • Law enforcement unit means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

  • Special Purpose Provisions has the meaning specified in Section 11.02 of the LLC Agreement.