Claim Minimums Sample Clauses

Claim Minimums. NOTWITHSTANDING SECTION 20.1.1, SECTION 20.1.2 OR ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR OR SEEK RECOVERY FOR ANY DAMAGES FROM THE OTHER PARTY, ARISING FROM OR IN CONNECTION WITH ANY PARTICULAR CLAIM UNDER THIS AGREEMENT, TO THE EXTENT SUCH DAMAGES ARE LESS THAN [***]*; PROVIDED, THAT ONCE THE AMOUNT OF ALL SUCH CLAIMS OF ANY PARTY EXCEEDS [***]* IN ANY CALENDAR YEAR, THEN SUCH PARTY MAY SEEK RECOVERY FOR DAMAGES IN ACCORDANCE WITH THIS AGREEMENT AND THE OTHER PARTY SHALL BE LIABLE THEREFOR. THE PARTIES SHALL USE CHANGE CONTROL MANAGEMENT TO ADDRESS THE UNDERLYING CAUSES, IN THE EVENT (1) A SINGLE CLAIM FOR SUCH DAMAGES IS EQUAL TO OR GREATER THAN [***]* OR (2) THE AGGREGATE AMOUNT OF ALL CLAIMS FOR SUCH DAMAGES IS EQUAL TO OR GREATER THAN [***]* DURING ANY CALENDAR YEAR. IN CONNECTION WITH THE USE OF CHANGE CONTROL MANAGEMENT IN ACCORDANCE WITH THIS SECTION 20.1.3, THE PARTIES SHALL DISCUSS THE UNDERLYING CAUSES OF SUCH CLAIMS AND CONSIDER ANY APPROPRIATE MEASURES THAT CAN BE TAKEN TO MINIMIZE FUTURE CLAIMS.
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Claim Minimums. NOTWITHSTANDING SECTION 25.01(a) AND SECTION 25.01(b) OR ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE FOR OR SEEK RECOVERY FOR ANY DAMAGES BY WAY OF ARBITRATION OR COURT PROCEEDING FROM THE OTHER PARTY, ARISING FROM OR IN CONNECTION WITH ANY PARTICULAR CLAIM UNDER THIS AGREEMENT TO THE EXTENT SUCH DAMAGES ARE LESS THAN [***]*; PROVIDED THAT THIS PROVISION DOES NOT PREJUDICE THE NON-DEFAULTING PARTY FROM SEEKING REMEDIES THROUGH THE PROVISIONS OF ARTICLE 21 AND/OR EXHIBIT T. THE PARTIES SHALL USE CHANGE CONTROL TO ADDRESS THE UNDERLYING CAUSES IN THE EVENT A SINGLE CLAIM FOR SUCH DAMAGES IS EQUAL TO OR LESS THAN [***]* AND IN ADDITION, IN CONNECTION WITH THE USE OF CHANGE CONTROL IN ACCORDANCE WITH THIS SECTION 25.01(d), THE PARTIES SHALL DISCUSS THE UNDERLYING CAUSES OF SUCH CLAIMS AND CONSIDER ANY APPROPRIATE MEASURES THAT CAN BE TAKEN TO MINIMIZE FUTURE CLAIMS.

Related to Claim Minimums

  • Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non-owned and hired vehicles $1,000,000 per occurrence

  • Indemnity Limitation for TIPS Sales Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.

  • Minimum Limits The minimum limits to be maintained by the School (inclusive of any amounts provided by an umbrella or excess policy) shall be $1 million per occurrence/$3 million annual aggregate.

  • Excess/Umbrella Liability Excess/umbrella liability insurance may be included to meet minimum requirements. Umbrella coverage must indicate the existing underlying insurance coverage.

  • Liability Limitation CHANNELADVISOR IS NOT LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE FAILURE OF A PERSON TO ENTER INTO A TRANSACTION BY MEANS OF CUSTOMER’S USE OF THE CHANNELADVISOR PLATFORM, ANY MODULE (OR OTHER SOFTWARE LICENSED) OR THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR ALL SELECTION OF PARTIES WITH WHOM CUSTOMER DOES BUSINESS, AND FOR TERMS AND CONDITIONS OF CUSTOMER’S AGREEMENTS WITH THOSE PARTIES AND WITH NETWORK SITES AND FLEX FEED DESTINATIONS. CHANNELADVISOR HAS NO RESPONSIBILITY FOR THE QUALITY OR AVAILABILITY OF GOODS OR SERVICES PROVIDED BY CUSTOMER, ANY BUYER'S ABILITY TO PAY, ANY THIRD PARTY'S COMPLIANCE WITH THE TERMS OF A TRANSACTION, OR FOR ANY INJURY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE GOODS OR SERVICES OBTAINED BY A BUYER OR SOLD BY CUSTOMER THROUGH USE OF THE SERVICES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT OR ANY APPLICABLE SOW, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CHANNELADVISOR’S AGGREGATE LIABILITY UNDER THIS AGREEMENT OR APPLICABLE SOW WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER UNDER THE APPLICABLE SOW GIVING RISE TO THE CLAIM DURING THE TWELVE MONTH PERIOD IMMEDIATELY BEFORE THE DATE THE CLAIM AROSE. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF CERTAIN DAMAGES RELATED TO A PARTICULAR CAUSE OF ACTION, THEN THIS LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • Types of Insurance and Minimum Limits (1) Worker’s Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONTRACTOR has no employees and certifies to this fact by initialing here

  • Xxxxxx Limitation The Service reserves the right to refuse to pay any Xxxxxx to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Xxxxxx designated by you. as set forth in Section 13 of the General Terms (Prohibited Payments) or an Exception Payment under this Agreement.

  • Annual maximums State Dental Plan coverage is subject to a one thousand dollar ($1,000) annual maximum benefit payable (excluding orthodontia) per person. "Annual" means per insurance year.

  • Liability Limits Notwithstanding anything to the contrary set forth herein:

  • Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability – Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000

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