Excluded Causes Clause Samples

Excluded Causes. As defined in Section 2.10.2.

Excluded Causes. If the only dispute relates to unpaid fees, costs or other charges, the party owed the money may commence legal action in court for outstanding moneys due under this Agreement.

Excluded Causes. 4.1 In addition to any Excluded Causes under the General Terms and Conditions, K3 shall not be liable for any delay or failure to perform the Agreement (including the Hardware Support Services) to the extent caused or contributed to by, and the Hardware Support Services do not include any service or requirement to the extent that such service or requirement is, or arises as a result of: (a) any issue with Supported Hardware other than fair wear and tear of Supported Hardware; (b) external surfaces of the Supported Hardware not being kept clean and in good condition; (c) firmware updates; (d) consumable items, accessories or cables and electrical equipment external to the Supported Hardware; (e) Solid State Drives (SSD) unless expressly agreed on the Order Form; (f) configuration, networking services, training and consultancy services; (g) (i) defect in design or (ii) faulty materials or workmanship in manufacture of Supported Hardware; (h) any attempt (successful or not) by any person other than K3 to modify, change, move, reposition, adjust, support, repair or maintain any part of the Supported Hardware or merge it (in whole or in part) with any other software/equipment or additions or variations to the software/equipment; (i) any failure of the Customer to promptly exercise its rights, and/or as requested by K3 assist K3 to exercise or assign to K3 the rights under any third-party warranty concerning a Product; (j) if K3 cannot replicate the problem as reported using reasonable efforts; 4.2 If K3 (in its sole discretion) provides Hardware Support Services in respect of any of the above issues, it shall be entitled to charge at its standard rates in respect of such applicable services.

Excluded Causes. In addition to the Excluded Causes under Condition 11.2 of the General Terms and Conditions, K3 shall not be liable for any delay or failure to perform the Agreement any service or requirement to the extent that such service or requirement is, or arises as a result of: (a) maintenance relating to or affecting the Cloud Software; (b) archives or backups not specifically agreed in writing as forming part of the Cloud Software; (c) third party content, products or services accessed through the Cloud Software.

Excluded Causes a defect in the manufacturer’s design of the Maintained Equipment;

Excluded Causes a defect in the manufacturer’s design of the Hardware and/orSoftware;

Excluded Causes. The following are excluded when calculating SSOCP Availability: (a) scheduled maintenance windows when Gogo conducts normal maintenance to the extent that Gogo provides American with at least forty-eight (48) hours’ prior written notice, or (b) outages that would not have occurred but for the actions, inactions or omissions of American, its other IFC Providers, or either of their affiliates, subcontractors, agents, or employees (collectively, the “Excluded Causes”).

Excluded Causes. MSIG shall not be liable for any loss or damage caused by or arising from: (a) mechanical, electrical or electronic breakdown, failure orderangement; (b) theft from any unattended vehicle; (c) marring or scratching, denting, chaffing, deterioration, depreciation, alteration, maintenance, any process of cleaning or drying, repairing, renovation, bleaching, dyeing, restoring or servicing; (d) leakage, loss of weight, shrinkage, evaporation, bulging, buckling, contamination, insect or vermin, inherent vice, wear and tear, rust, corrosion, mildew, atmospheric or climatic conditions (including wind, rain, hail, sleet, snow and frost) and any other gradually operating causes; (e) delay, seizure, confiscation, destruction, requisition, retention or detention by Customs or other Government or Public Authority or official; (f) the intentional, deliberate or fraudulent acts of the Insured Person or his representatives, or anyone residing in the same household or to whom the Personal Property has been entrusted; (g) mysterious disappearance or unexplained loss; (h) transit by air, vessels or ships, trains or vehicles, or any other mode of Public Transportation unless the Personal Property is in the Insured Person physical possession at the time of Loss; (i) product defects, faulty or defective design, material or workmanship, latentdefect; (j) ionizing radiation or contamination by radioactivity from nuclear waste from the combustion of nuclear fuel, or the radioactive toxic explosive or hazardous properties of any nuclear assembly or nuclear component thereof; (k) any Personal Property for which Insured’s Member Banks have been informed of disputes over the charges made for purchase of the Personal Property under the Insured Person’s Payment Card. The Insurer shall not be liable for: 1. The cost of: (a) adjustments or rectification of operational malfunctions; (b) replacement of spent lost or damaged expendable or replaceable parts including bulbs valves tubes fuses batteries belts chains tapes ribbons cards, unless necessitated by loss or damage covered by this Policy. 2. Loss or damage arising from: (a) the application of electrical energy; mechanical defects or mechanical derangement or mechanical breakdown. (b) wear and tear depreciation gradual deterioration rust corrosion oxidation mildew moth vermin; or in connection with any process of cleaning dyeing repairing restoring or renovating; the action of light or atmospheric or climatic conditions, or extremes of...

Excluded Causes. Part 1 of this Policy does not cover damage directly or indirectly caused or occasioned by or arising from: