Excluded Claim. As used in Section 10.3, the term “Excluded Claim” shall mean any dispute, controversy or claim that concerns (a) the scope, validity, enforceability, inventorship or infringement of a patent, patent application, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory. Excluded Claims shall be determined by a court of competent jurisdiction.
Excluded Claim. The term “
Excluded Claim. Any limitation(s) of liability set forth herein will not apply to claims (i) for which liability cannot be limited under applicable law; (ii) arising from a Party’s gross negligence or willful misconduct; (iii) due to intentional fraud; or (iv) for death or personal injury caused by a Party’s negligence (collectively referred to as “Excluded Claim(s)”).
Excluded Claim. “Excluded Claim” means all claims related to any Action that the Seller or its Subsidiaries (other than the Company) have or may have against third parties, solely to the extent such claim is not primarily related to the Business, the Transferred Assets or the Assumed Liabilities or primarily arises from, or primarily relates to, the Excluded Assets or the Excluded Liabilities.
Excluded Claim. Excluded Claim" means any payment for Losses or Expenses in connection with any Claim: (i) based upon or attributable to Indemnitee gaining in fact any personal profit or advantage to which Indemnitee is not entitled; or (ii) for the return by the Indemnitee of any remuneration paid to Indemnitee without the previous approval of the stockholders of the Company which is illegal; or (iii) for an accounting of profits in fact made from the purchase or sale by Indemnitee of securities of the Company within the meaning of Section 16 of the Securities Exchange Act of 1934, as amended, or similar provisions of any state law; or (iv) resulting from Indemnitee's fraudulent, dishonest or willful misconduct; or (v) the payment of which by the Company under this Agreement is not permitted by applicable law, including Section 145(a) of the Delaware General Corporation Law; or (vi) any Claim arising under the Stock Subscription Agreement dated June 17, 1996, as amended, between CM/J Acquisition LLC and Core-Xxxx International, Inc., or out of any event or occurrence or a state of facts for which Jupiter is indemnified by Indemnitee thereunder, or under the "Escrow Agreement" as defined therein.
Excluded Claim. Illumina shall have no obligations, including no obligation under Section 22(a), to defend, indemnify or hold harmless Customer, its officers, directors, representatives and employees with respect to any third-party claim or action to the extent such is an Excluded Claim. [*].
