Damage Exclusions Sample Clauses

Damage Exclusions. EXCEPT WITH REGARD TO APPLICABLE INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 HEREOF, NEITHER OF THE PARTIES HERETO NOR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES WILL BE LIABLE TO ONE ANOTHER FOR ANY COMPENSATION, REIMBURSEMENT FOR INVESTMENTS OR EXPENSES, LOST PROFITS, LOST GOOD WILL, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR EXPENDITURES MADE IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT, OR FOR ANY INDIRECT, INCIDENTAL, EXPECTATION, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER, THE RELATIONSHIP BETWEEN THE PARTIES ESTABLISHED HEREBY, OR EITHER PARTY’S EXERCISE OF ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
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Damage Exclusions. Notwithstanding anything to the contrary contained in this Agreement or provided for under any applicable Law, no Party shall be liable to any other Person for, either in contract or in tort, and Losses shall not include, any direct punitive damages of such other Person, unless awarded in a Third Party Claim.
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Damage Exclusions. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THIS AGREEMENT, NONE OF THE PARTIES SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST SALES OR PROFITS IN CONNECTION WITH ANY MATTERS RELATING IN ANY MANNER TO THIS AGREEMENT OR OTHERWISE RELATING TO THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTIES.
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Damage Exclusions. In any claim for indemnification under this Agreement, neither SELLER nor BUYER shall be required to indemnify any Person for special, exemplary or consequential damages, including loss of profit or revenue, any multiple of reduced cash flow, interference with operations, or loss of lenders or investors of BUYER in connection with the Acquisition.
Sample 1
Damage Exclusions. EXCEPT FOR BREACHES OF CONFIDENTIALITY OBLIGATIONS OR LICENSE RESTRICTIONS, IN NO EVENT SHALL ANY PARTY HERETO BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST SALES OR PROFITS IN CONNECTION WITH ANY MATTERS RELATING TO THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTY. THE FOREGOING SHALL NOT APPLY TO KNC’S LIABILITY IN THE EVENT THAT KNC HAS INTENTIONALLY OR WILLFULLY BREACHED THIS AGREEMENT BY FAILING TO PERFORM ITS OBLIGATIONS HEREUNDER, OR BY GROSS NEGLIGENCE HAS FAILED TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. [Signature Page Follows] *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
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Damage Exclusions. APART FROM ANY OTHER PROVISION IN THIS AGREEMENT EXCLUDING OR LIMITING THE LIABILITY OF EITHER PARTY, AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 13 HEREOF, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, BY REASON OF ANY MATTERS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OTHER ASPECT OF THE PARTIES' BUSINESS RELATIONSHIP.
Sample 1
Damage Exclusions. In no event will Infinidat, its affiliates, suppliers, or licensors be liable for any direct, consequential, indirect, special, incidental, exemplary, or punitive damages; loss of profits (whether arising as actual or consequential damages), loss of business, loss of revenue, loss of anticipated savings; any loss of, or damage to, data, reputation, or goodwill; or costs associated with loss of Services, your inability to access the Services, our termination or suspension of the Services, discontinuance of the Services or a part thereof, Services downtime, your investment or other expenditures related to using the Services, or procuring substitute goods or services.
Sample 1
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Related to Damage Exclusions

  • SERVICE EXCLUSIONS All of an Employee's years of Service with the Employer shall be counted to determine the vested interest of such Employee except:

  • Specific Exclusions Apart from the exclusions common to all covers, the following are also excluded. We do not intervene for:  Travel taken for the purpose of diagnosis and/or treatment,  Medical and hospitalisation expenses in the country of residence,  Drunkenness, suicide or attempted suicide and their consequences,  Any voluntary mutilation of the insured,  Ailments or benign injuries which can be treated on site and/or which do not prevent the Beneficiary/Insured from continuing his trip,  The states of pregnancy, unless there are unforeseeable complications, and in all cases, the states of pregnancy beyond the 36th week, voluntary termination, the aftermath of childbirth,  Convalescence and ailments during treatment, not yet consolidated and involving a risk of sudden aggravation,  Illnesses diagnosed previously that have resulted in hospitalisation in the 6 months preceding the date of departure on the trip,  Events related to medical treatment or surgery that are not unforeseen, fortuitous or accidental,  Prosthesis costs: optical, dental, acoustic, functional, etc.  The consequences of infectious risk situations in an epidemic context that are subject to quarantine or preventive measures or specific surveillance by the international health authorities and/or local health authorities of the country where you are staying and/or national authorities of your country of origin, unless otherwise specified in the cover.  The costs of spa treatment, cosmetic treatment, vaccination and resultant costs,  Stays in a rest home and the resultant costs,  Rehabilitation, physiotherapy, chiropractic and resultant costs,  Scheduled hospitalisations. In the event of significant trauma following your quarantine related to a context of epidemic or pandemic, we can, at your request, put you in contact with a psychologist by telephone, within the limit indicated in the Schedule of Cover. These sessions are strictly confidential. This listening work is not to be confused with the psychotherapeutic work done by licensed practitioners. Under no circumstances can this service be a substitute for psychotherapy, due to the physical absence of the caller. EMERGENCY SUITCASE In the event that you no longer have enough usable personal effects at your disposal due to your quarantine or your hospitalisation following an epidemic or pandemic, we pay, on presentation of supporting documents, for basic necessities, up to the amount indicated in the Schedule of Cover. DOMESTIC HELP Following your repatriation by us following an illness linked to an epidemic or a pandemic, if you cannot perform your usual household chores, we look for, arrange and pay for domestic help assistance, within the limit indicated in the Schedule of Cover. DELIVERY OF HOUSEHOLD SHOPPING Following your repatriation by us following an illness linked to an epidemic or a pandemic, if you are not able to leave your home, we organize and cover, within the limit of local availability, the costs of delivery of your shopping within the limit set in the Schedule of Cover. PSYCHOLOGICAL SUPPORT UPON YOUR RETURN HOME In the event of significant trauma following an event related to a context of epidemic or pandemic, we can, at your request, put you in contact with a psychologist by telephone after you return home, within the limit indicated in the Schedule of Cover. These sessions are strictly confidential. This listening work is not to be confused with the psychotherapeutic work done by licensed practitioners. Under no circumstances can this service be a substitute for psychotherapy, due to the physical absence of the caller. NEED ASSISTANCE? Contact us, 7 days/week and 24 hours/day By ‘phone from France: By e-mail +00 0 00 00 00 00 (Call not surcharged, cost according to operator, call may be recorded) xxxxxxxxxx@xxxxxxxx.xx To allow us to intervene under the best conditions, remember to prepare the following information that will be requested when you call: › Your policy number, › Your last and first names, › Your home address, › The country, city or town where you are at the time of the call, › Specify the exact address (no., street, hotel possibly, etc.), › The phone number where we can reach you, › The nature of your problem. When you call initially, you will be given an assistance file number. State it systematically during any subsequent contacts with our Assistance Service.  General Provisions - the policy came with the purchase of goods or a service sold by a supplier; - you can show that you are already covered for one of the risks covered by this new policy; - the policy you wish to cancel has not been fully established; - you have not declared any loss covered by this policy. In this situation, you can exercise your right to cancel this policy by letter or in any lasting medium sent to the insurer of the new policy, together with documentary proof that you already have cover for one of the risks covered by this new policy. The insurer must reimburse you the premium paid within thirty days of your cancellation. If you wish to cancel your policy but do not meet all the above conditions, please check the cancellation procedure stipulated in your policy. Like any insurance policy, this one comprises mutual rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set forth in the following pages. This is a collective damage insurance policy taken out by Gritchen Affinity with MUTUAIDE ASSISTANCE with optional membership.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Additional Exclusions The Insurer shall not be liable for:

  • GENERAL EXCLUSIONS We do not insure for loss caused directly or indirectly by any of the following. Such loss is excluded regard- less of any other cause or event contributing concur- rently or in any sequence to the loss.

  • Damage Limitation IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE SUBSCRIBER FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL BE INTERPRETED AND HAVE EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE OR REGULATION.

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • Acts of Terrorism Exclusion With respect to each Mortgage Loan over $20 million, and to Seller’s knowledge with respect to each Mortgage Loan of $20 million or Exh. C-11 less, as of origination, the related special-form all-risk insurance policy and business interruption policy (issued by an insurer meeting the Insurance Rating Requirements) do not specifically exclude Acts of Terrorism, as defined in the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 and the Terrorism Risk Insurance Program Reauthorization Act of 2015 (collectively referred to as “TRIA”), from coverage, or if such coverage is excluded, it is covered by a separate terrorism insurance policy. With respect to each Mortgage Loan, the related Mortgage Loan documents do not expressly waive or prohibit the Mortgagee from requiring coverage for Acts of Terrorism, as defined in TRIA, or damages related thereto except to the extent that any right to require such coverage may be limited by commercial availability on commercially reasonable terms; provided that if TRIA or a similar or subsequent statute is not in effect, then, provided that terrorism insurance is commercially available, the Mortgagor under each Mortgage Loan is required to carry terrorism insurance, but in such event the Mortgagor shall not be required to spend on terrorism insurance coverage more than two times the amount of the insurance premium that is payable in respect of the property and business interruption/rental loss insurance required under the related Mortgage Loan documents (without giving effect to the cost of terrorism and earthquake components of such casualty and business interruption/rental loss insurance) at the time of the origination of the Mortgage Loan, and if the cost of terrorism insurance exceeds such amount, the Mortgagor is required to purchase the maximum amount of terrorism insurance available with funds equal to such amount.

  • Related Exclusions This agreement does NOT cover custodial care, respite care, day care, or care in a facility that is not approved by us. See Section 4.6.

  • Specific Exclusion Stanford does not:

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