有限责任 Sample Clauses

有限责任. 无论何种原因造成或与此等原因相关而导致因被许可方使用或无法使用本软件,由第三方对被许可方提出的损害赔偿主张, 或个人伤害、死亡或任何偶然、特殊、间接或后果性损害,包括但不限于利润损失、收入损失或未能实现预期的节省、数据 丢失和/或受损、数据泄漏、业务中断或任何其他商业损害或损失,包括与通信网络中数据使用相关的成本(如手机),不 管责任理论(合同、侵权或其他)如何规定,即便 SOTI 在得知有可能造成上述损害的情形下,但在法律允许的最大范围内, SOTI 或其供应商都不负有责任。如被许可方受指控或实际上使用或安装本软件不当,受指控或实际有疏忽行为或不作为、 故意不当行为、欺诈,或因第三方软件或被许可方网络造成软件失灵,对于因此或与此相关而造成的任何直接损失,SOTI 及其供应商都不负有责任。在任何情形下,SOTI 及其供应商承担的全部责任以在主张提出之前十二(12)个月内(简称 “期限”)被许可方为该软件实际支付的金额,减去在主张提出之前的期间内为支持和维护软件支付的金额,以此得出的金 额为限。 任何一方均应使另一方,包括其工作人员、高级职员、董事、合伙人和控制人,免于因赔偿方以下行为或因与其相关而导致的任何及所有由第三方提出的索赔主张:(i)被指称或实际存在与本协议有关的疏忽行为或不作为 、故意不当行为或欺诈行为,(ii)被指称或实际违反本协议,(iii)被指称或实际违反任何法规、法律、法令或规定,或(iv)被指称或实际侵犯任何专利、版权、商标、商业机密或其他知识产权,或第三方的其他权利。
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有限责任. 在适用法律允许的最大限度内,卖方、其联 营公司、供应商和分包商在任何情况下都不应对买方或任 何第三方承担任何特殊、间接、附带或间接损害赔偿责任,包括但不限于利润损失、使用损失、资本成本、替代设备 成本、停机时间等.无论是基于合同、担保、侵权、过失、严格责任还是其他方面的索赔,延误或处罚都是如此.卖方对任何此类索赔的责任,不论是在合同、保证、疏忽、侵权、严格责任或其他方面,还是由于与本协议有关的任何损失或损害,或由于设备的任何设计、销售、安装、操作或使用或履行本协议所涵盖的任何服务而造成的任何损失或损害,在任何情况下均不得超过买方为引起索赔的具体设备或部分或服务向卖方支付的购买价格.

Related to 有限责任

  • Participation in Plans Notwithstanding any other provision of this Agreement, the Executive shall have the right to participate in any and all of the plans or programs made available by the Company (or it subsidiaries, divisions or affiliates) to, or for the benefit of, executives (including the annual stock option and restricted stock grant programs) or employees in general, on a basis consistent with other senior executives.

  • Reconfirmed in Position Where a position is to be transferred into a new structure in the same location and grade, where there is one clear candidate for the position, the employee is to be confirmed in it. Where there is more than one clear candidate the position will be advertised with appointment made as per normal appointment procedures.

  • Leave Loading The employer and the individual employee must have genuinely made the agreement without coercion or duress.

  • Purchased Leave Notwithstanding any other provision of this Agreement, an employee may, with the agreement of the employer, work between 44 weeks and 51 weeks per year. Access to this entitlement may only be granted on application from an employee and cannot be required as a precondition for employment. Where the employer and employee agree to a reduction in the number of working weeks the employee will receive additional annual leave as follows: 44/52 weeks Additional 8 weeks' leave 12 weeks in total 45/52 weeks Additional 7 weeks' leave 11 weeks in total 46/52 weeks Additional 6 weeks' leave 10 weeks in total 47/52 weeks Additional 5 weeks' leave 9 weeks in total 48/52 weeks Additional 4 weeks' leave 8 weeks in total 49/52 weeks Additional 3 weeks' leave 7 weeks in total 50/52 weeks Additional 2 weeks' leave 6 weeks in total 51/52 weeks Additional 1 weeks' leave 5 weeks in total The employee will receive a salary equal to the period worked (i.e. 46 weeks, 49 weeks) which will be spread over a 52 weeks period and accrual of sick leave and long service leave by the employee shall remain unchanged. As an alternative to entering into this arrangement, the employee may request that one or more weeks of their recreation leave entitlement each be converted to two weeks leave on half pay. The employer will endeavour to accommodate employee requests for arrangements under this clause, and where such requests are granted will make proper arrangements to ensure that the workloads of other employees are not unduly affected and that excessive overtime is not required to be performed by other employees as a result of these arrangements. An employee may revert to ordinary 52 week employment by giving the employer no less than four weeks written notice. Where an employee reverts to 52-week employment in this way, appropriate pro rata salary adjustments will be made.

  • Military Leave An employee will be granted unpaid Military Leave in accordance with the Employment Standards Act. The employee will give as much notice as is reasonably possible and will provide a copy of the Military Notice when received.

  • Discretionary Leave 1. Full-time employees, including those on extended contract, will be entitled to three (3) days of discretionary leave per school year. Employees on a contract of at least 50% but less than 100% will be awarded discretionary leave on a pro-rated basis. Short-term (less than 50% or less than 90 days) contracted employees are not eligible for discretionary leave. (Revised 1995, 1999, 2004) 2. Discretionary leave may be utilized for circumstances that are significant to the employee. (Revised 1995) 3. Except for emergencies, the employee will provide five (5) days prior written notice to his/her immediate supervisor. In emergency situations, the employee will, within two (2) days upon his/her return from such leave, submit the discretionary leave form. 4. Not more than 10% of the employees in any building may be absent on the same day for discretionary leave reasons. If more than 10% submit discretionary leave forms for the same day, leave will be granted based on the order in which forms are received in the principal's office. This limitation will not apply to emergency matters. 5. Discretionary leave is cumulative to five (5) days. (Revised 1995) 6. Discretionary leave accrued in excess of five (5) days will be added to accrued sick leave. (Revised 1995, 1999) 7. No more than five (5) days of discretionary leave may be used in any school year. 8. Discretionary leave not used at the time of termination of employment will be added to accrued sick leave for compensation under the Sick Leave Reimbursement Plan. (Revised 1995) 9. In the event of an emergency, the employee having used all accrued discretionary leave, may request up to two (2) additional days of leave with stated reasons and be docked the cost of the substitute. Such request is subject to Superintendent approval. 10. Discretionary leave will be used for approved sick leave purposes once the accrued and projected sick leave has been exhausted. Employees may not access the Sick Leave Bank or Sick Leave Donation until accrued and projected sick leave days and discretionary days have been used. See Sick Leave. (Adopted 1984; Revised 1988, 1995, 1999)

  • Military Leaves 1. Short Term Military Leaves of Absence (Reserve or National Guard Duty)--Less Than 90 Days Per Calendar Year a. Subject to the terms and conditions provided in subsections 1.b. through 1.d. of this Article, below, employees shall be entitled to time off with pay when they are required to take a leave of absence for: (i) military training duty and/or (ii) military duty in the State of Wisconsin because of riot or civil disturbance.

  • Vacation Sell Back Unit members may sell-back to the City up to twenty (20) days of accrued vacation each calendar year:

  • Reallocation to a Class with a Lower Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position and chooses to remain in the reallocated position, the employee retains the existing appointment status and has the right to be placed on the Employer’s internal layoff list for the classification occupied prior to the reallocation. 2. If the employee chooses to vacate the position or does not meet the skills and abilities requirements of the position, the layoff procedure specified in Article 31 of this Agreement applies.

  • Callback Pay When an employee is called back to work after having completed their normal workday, they shall be granted a minimum of two (2) hours pay at time and one half. This provision shall not apply when the hours worked are an extension of the employee's workday.

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