Disclaimer Limitations. 10.1. LifeCell does not perform any medical Services, give any medical advice, or otherwise perform any Services other than those expressly indicated in this Agreement. It disclaims all other representations, guarantees, warranties or assurances express or implied.
Disclaimer Limitations. 11.1. The Service Provider does not perform any medical services, give any medical advise, or otherwise performs any Services other than those expressly indicated in this Agreement. It disclaims all other representations, guarantees, warranties or assurances expressed or implied.
Disclaimer Limitations. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRECEDING REPRESENTATIONS AND WARRANTIES ARE THE PARTIES' ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE LAWSUIT AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED.
Disclaimer Limitations. The provisions of this document are subject to the surviving terms and conditions of the Sale Agreement. Executed to be effective as of the date stated in the first section of this Assignment. CURRENT GP _____________________________________ By: _______________________________ Name: _________________________ Title:_________________________ NEW GP _____________________________________ By: _______________________________ Name: _________________________ Title:_________________________ CURRENT LP _____________________________________ By: _______________________________ Name: _________________________ Title:_________________________ NEW LP _____________________________________ By: _______________________________ Name: _________________________ Title:_________________________ EXHIBIT S NON-EXCLUSIVE SERVICE XXXX LICENSE AGREEMENT EXHIBIT S NON-EXCLUSIVE SERVICE XXXX LICENSE AGREEMENT FROM JPI DEVELOPMENT, L.P. TO THIS NON-EXCLUSIVE SERVICE XXXX LICENSE AGREEMENT (the "Agreement") is made as of the dates set forth by the parties' signatures below, although agreed by the parties to be effective as of ___________________ __, 2004 (the "Effective Date"), by and between JPI Development, L.P., a Delaware limited partnership ("Licensor"), whose sole general partner is Multifamily Development LLC, a Delaware limited liability company, having a place of business at 000 X. Xxx Xxxxxxx Xxxx., Xxxxxx, Xxxxx 00000 and Xxxxx & O'Hara Educational Properties, LLC, a Tennessee limited liability company ("Licensee"), having a place of business at 000 Xxx Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxx 00000 (Licensor and Licensee will be collectively referred to as the "Parties").
Disclaimer Limitations. 8.1Limited Utilization
Disclaimer Limitations. (i) SELLER SHALL NOT BE LIABLE TO THE BUYER OR ANY OTHER PARTY WITH RESPECT TO THE TRANSITION SERVICES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUSTAINED OR INCURRED BY SUCH OTHER PARTY, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH PARTY IS ACTING WITH NEGLIGENCE.
Disclaimer Limitations a. The Company does not make any, and expressly disclaims all, warranties other than as expressly made in this Section 14, whether oral or written, express or implied, or arising by usage of trade or course of dealing, including, without limitation, the warranties of merchantability and fitness for a particular purpose. The remedies set forth in this Section 14 shall be the sole and exclusive remedies of Distributor.
Disclaimer Limitations. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRECEDING REPRESENTATIONS AND WARRANTIES ARE THE PARTIES' ONLY REPRESENTATIONS AND WARRANTIES CONCERNING THE GENERIC PRODUCT AND ARE MADE EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OR OTHERWISE. EXCEPT AS MAY ARISE FROM DAMAGES OCCASIONED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF A PARTY OR A PARTY'S OBLIGATIONS UNDER SECTION 4.4, NEITHER PARTY NOR ANY AFFILIATE WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT OR FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS OR LOSS OF BUSINESS, WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT, STATUTES, OR ANY OTHER LEGAL THEORY.
Disclaimer Limitations. 8.1 We shall not be liable for any direct, indirect, consequential or other damages whatsoever arising out of the use or misuse of the products purchased. AUGUST INDUSTRIAL SUPPLIES disclaims all warranties, whether express or implied, with regard to any and all parts and/or replacement parts supplied or software modules installed under this Contract including but not limited to all implied warranties of merchantability and fitness for a particular purpose.
Disclaimer Limitations. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, AND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY (I) PUNITIVE, INDIRECT, INCIDENTAL, TREBLE, CONSEQUENTIAL, OR STATUTORY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT; (II) LOSS OF SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; OR (V) PERSONAL INJURY OR DEATH, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT CONSISTENT WITH APPLICABLE LAW, PAYMERANG DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, INCLUDING THOSE ARISING BY LAW, AND WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
