Exception to Limitations and Exclusions Sample Clauses

Exception to Limitations and Exclusions. Business Associate’s obligations under this Agreement and any breach by Business Associate of the obligations in this Agreement shall not be subject to any limitations on damages suffered by Covered Entity that may be specified in any agreement, invoice, statement of work or similar document setting forth the services Business Associate is providing to Covered Entity (“Contract”). No limitation or exclusion in any Contract shall limit Covered Entity’s rights to recover from Business Associate damages, losses or sanctions suffered by Covered Entity to the extent of amounts recovered by, or sanctions awarded to, a third party which are caused by Business Associate’s breach of the obligations in this Agreement, regardless of how such amounts or sanctions awarded to such third party are characterized.
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Exception to Limitations and Exclusions. The limitations and exclusions in cl 8.2 and 8.3 do not apply to a party’s liability for Loss covered by an indemnity under this Agreement.
Exception to Limitations and Exclusions. The limitations set forth in Section 9.2 and 9.3 shall not apply to (i) a breach of Section 6 (“Confidentiality”) which shall be capped at $2 Million Dollars ; (Section 2.4 (“Use Restrictions”); and (iii) a party’s indemnification obligations under Section 9 (“Mutual Indemnification which shall be capped at $2 Million Dollars.
Exception to Limitations and Exclusions. Business Associate’s obligations under this Agreement and any breach by Business Associate or its Subcontractors of the obligations in this Agreement shall not be subject to any limitations on damages that may be specified in any agreement, invoice, statement of work or similar document setting forth the services Business Associate is providing to Covered Entity.
Exception to Limitations and Exclusions. The limitations set forth in Section 10.2 and

Related to Exception to Limitations and Exclusions

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • Scope of Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to Applicable Law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of fraud or fraudulent misrepresentation. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care.

  • Conditions and Exclusions ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:

  • Limitations and Exceptions In calculating a Recovery, the following shall not be included:

  • Limitations and exclusions of liability 16.1 Nothing in this Agreement will:

  • 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.

  • Warranty and Exclusions If you paid a charge for the IBM SaaS then the Section 17 Warranty and Exclusions is replaced in its entirety by the following:

  • Warranties and Exclusions 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release.

  • EXCLUSIONS AND EXCEPTIONS 12.1 DBS shall not be responsible or liable to the Cardmember or any Cardholder for any loss or damage incurred or suffered as a consequence of:

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:

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