Excluded Claims definition

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 Claims means (a) any claim arising from Customer’s breach of Section 1.4 (Use Restrictions), 2.3 (Rights in Customer Data); (b) any amounts payable to third parties pursuant to Customer’s indemnification obligations under Section 2.4 (Indemnification by Customer) or AvePoint’s indemnification obligations under Section 8 (Indemnification); (c) Customer’s breach of Section 3 (Ownership); or (d) unlawful or willful misconduct or gross negligence.

Excluded Claims has the meaning set forth in Section 1.09(b).

Examples of Excluded Claims in a sentence

• Customer will defend and indemnify TBHD and hold it harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees) incurred by TBHD as a result of any claim by a third party arising from (i) Customer’s use of the Software in breach of this Agreement or (ii) the Excluded Claims.

• Except for Excluded Claims each Party’s aggregate maximum liability for damages or other obligations arising out of or in connection with this Agreement, whether based upon a theory of contract or tort (including negligence) or otherwise, shall not exceed (i) the total amount of the Fee paid or due during the prior 12 month period or (ii) $10,000, whichever is greater (the “Base Cap”).

• In the event either party asserts against the other party in a judicial forum both Arbitrable Claims and also Excluded Claims and/or Waived Claims, then such claims shall be bifurcated as follows: (a) Arbitrable Claims shall be subject to arbitration and (b) all Excluded Claims and any Waived Claims that a court or arbitrator in any proceeding between the Parties determines cannot lawfully be waived shall be adjudicated in court or such other forum as provided by law and not in arbitration.

• With respect to Excluded Claims, in no event will TT’s aggregate maximum liability for damages or other obligations arising out of or in connection with this Agreement, whether based upon a theory of contract or tort (including negligence) or otherwise, exceed the greater of five (5) times the Base Cap or One Hundred Thousand United States Dollars (US $100,000).

More Definitions of Excluded Claims

Excluded Claims means any claim arising (a) from Customer’s breach of Section 5 (General Restrictions), Section 2.6 (Third Party Terms), or Section 10 (Confidential Information); or (b) under Section 3 (Customer Data).

Excluded Claims are causes of action or claims: (i) under Section 7 of the National Labor Relations Act, (ii) for representative actions under the California’s Private Attorneys’ General Act (“PAGA”), (ii) under the California Workers’ Compensation Act, (iv) for unemployment compensation benefits; (v) for benefits under a plan that is governed by the Employee Retirement Income Security Act of 1974, (vii) occurring after a Change in Control, and (viii) expressly prohibited from mandatory arbitration under applicable law. To the extent permitted by law, individual Claims under PAGA or Claims under California Labor Code section 558(a) are not Excluded Claims, and thereby are subject to arbitration pursuant to this Agreement.

Excluded Claims has the meaning assigned in Section 9.6(d).

Excluded Claims means the claims excluded from the definition of TRW Claimants as described in paragraph 26 of Appendix “C” to the Sixth Report.

Excluded Claims means any claims of any person or entity who or which timely and validly seeks exclusion from the Settlement Class or whose request for exclusion is accepted by the Court.

Excluded Claims means any dispute, claim or action concerning the validity, enforceability, infringement, misappropriation or violation of our intellectual property rights or those of our licensors and all such Excluded Claims shall be brought in any court of competent jurisdiction.

Excluded Claims shall have the meaning set forth in Section 2.12(c) hereof.