Claims Limitation. Any claim, action, or proceeding alleging breach of warranty, tort, negligence, misrepresentation, strict or product liability, or overpayment of any amounts due or paid under this Agreement (collectively the “Limited Claims”) must be filed with a competent court or body within one (1) year of the termination or expiration of this Agreement, unless a shorter time period is otherwise specified in this Agreement. Any Limited Claims that are not brought within the applicable time period shall be forever barred, without regard to any other limitations period set forth by law or statute.
Claims Limitation. To the maximum extent permitted by law, Licensee expressly, knowingly and voluntarily agrees that any and all lawsuits, causes of action and/or claims against Keysight and/or its affiliates shall be forever waived, barred and released unless properly brought and filed in a court of competent jurisdiction within one (1) year from the date upon which said lawsuit, cause of action or claim accrued.
Claims Limitation. No claims may be made for replacement or repair of personal property, used in the course and scope of his/her work, valued at less than ten ($10) dollars.
Claims Limitation. The total claims limitation under this Contract is the original purchase price of Your Product minus sales tax, claims paid, delivery and installation. During the term of the Contract We may elect, at Our option, to buyout the Contract for the original purchase price of the covered Product minus claims paid, less sales tax, delivery and installation, or replace the Product with a comparable Product. Technological advances may result in a replacement Product with a lower selling price than the original Product. In the event We reimburse You or replace the Product We shall have satisfied all obligations under this Contract and the covered Product becomes the property of Service Net and We may, at Our discretion, require the Product to be returned to Us (or Our designee) at Our expense.
Claims Limitation. 18.1 Idearc shall submit Claims for Services not later than two (2) years of the xxxx date unless otherwise provided by tariff or Applicable Law. Service is considered rendered when the PAR report is submitted to Idearc. No Claims may be made under this Agreement or referred to the dispute resolution procedures set forth in Section 19 more than two (2) years after the xxxx date of the Ancillary Xxxx or the PAR report date. Failure to make such Claim within two (2) years shall bar any course of action before a judicial or regulatory body unless otherwise provided by tariff or Applicable Law. Claims for indemnity under this Agreement shall not be limited by the two (2) year limitation provided, but shall be governed by the appropriate statute of limitation.
Claims Limitation. (a) Seller shall not have any liability or obligation for any Damages under this Agreement unless (i) the aggregate amount of all such Damages equals or exceeds $500,000, and then for the full amount of such Damages; and (ii) notice of the claim for such Damages shall have been given to Seller prior to the end of the survival period for such claim.
Claims Limitation. Total claims for services provided under this Contract shall be limited to the retail price you paid for your Product minus sales tax and delivery and installation charges. During the term of this Contract, we may elect, at our option and in lieu of performing service repairs, to either replace the Product with a product with equivalent specifications or provide a cash settlement, in either case for an amount not to exceed the retail you price paid for your Product minus sales tax, claims paid, and delivery and installation charges. In the event that the retail price you paid for your Product is not available, such limit will be, as determined by us, the current market value of the Product or a product with equivalent specifications. In the event we buy out the Contract or replace the Product as set forth in this section, all contractual obligations under this Contract shall have been fulfilled. Modification / Transfer: No modification or change of this Contract can be made, including transfer of ownership of the Product, except with our written consent. State Addendum: The following additional terms and conditions apply to your Contract and supersede any other provisions herein to the contrary:
Claims Limitation. Total Claims for Services provided under this Contract shall be limited to the retail price You paid for Your Product minus sales tax and delivery and installation charges. During the Term of this Contract, We may elect, at Our option and in lieu of performing Repair Service, to either replace the Product with a product with equivalent specifications or provide a cash settlement, in either case for an amount not to exceed the retail price You paid for Your Product minus sales tax, Claims paid, and delivery and installation charges. In the event that the retail price You paid for Your Product is not available, such limit will be, as determined by Us, the current market value of the Product or a product with equivalent specifications. In the event We buy out the Contract or replace the Product as set forth in this section, all contractual obligations under this Contract shall have been fulfilled.
Claims Limitation. (a) The Purchaser specifically agrees that the Seller shall not have any liability or obligation for any Damages under Section 10.1 (other than liabilities for Taxes under the Tax Sharing Agreement related to any period up to and including the Closing Date) or Section 10.2 hereof unless: (j) the aggregate amount of all such Damages exceeds $1 million and then only for the amount of such Damages in excess of $1 million; and (ii) notice of the claim for such Damages shall have been given to the Seller in accordance with this Article X and the other provisions of this Agreement prior to the end of the survival period for such claim.
Claims Limitation a) An Indemnifying Party shall not have any liability or obligation for any Damages under this Agreement unless the aggregate amount of all Damages charged to such party exceeds $250,000, in which case such Indemnifying Party shall be liable only for the amount of such Damages over $250,000. For purposes of the foregoing, Myer and the Marketing Companies shall constitute one party. The foregoing limitations shall not apply to:
