Exclusions and Limits Sample Clauses

Exclusions and Limits. 5.1 This paragraph applies in addition to any exclusions and limits set out in the Industry Agreements.
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Exclusions and Limits. 6.1 We do not warrant that Your use of the Online Services will be uninterrupted or error-free and You acknowledge and agree that the Online Services may not be available for planned or unplanned maintenance and testing and for failures beyond Our reasonable control (which include failures or delays to communications and the system hosting the website). We shall use reasonable endeavours to notify You in advance of any reason why the Online Services may be interrupted or otherwise not working.
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Exclusions and Limits. This Agreement includes everything We are responsible or liable for. If something is not clearly mentioned in this Agreement, We do not accept responsibility or liability for it. Also, We do not accept responsibility or liability for any obligations that are expressed or implied unless the law says that We cannot exclude responsibility for such obligations. We will not be liable for any loss arising from:
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Exclusions and Limits. The Services shall not include the creation of any contracts or other obligations of Rich Cigars of any kind, including any regarding the creation or publication of any advertisement or social media posting, or regarding the creation of any event or sponsorship or endorsement deal. Xx. Xxxxxxxx shall recommend such actions to the President of Rich Cigars, who may authorize, modify, or reject such recommendations in the sole discretion of Rich Cigars. The President may from time to time authorize Xx. Xxxxxxxx to enter into specific agreements or to take other specific actions, without creating any general authority to create any obligations for or otherwise act on behalf of Rich Cigars.
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Exclusions and Limits. (a) If Partner receives Commission under this Agreement, Partner will not be eligible to receive Commission under any other OfferUp partner program for the same order of Services.
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Exclusions and Limits. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, GOOGLE AND ITS AFFILIATES WILL HAVE NO LIABILITY (INCLUDING IN RESPECT OF INDEMNIFICATION OBLIGATIONS OR SLA OBLIGATIONS) UNDER THE AGREEMENT ARISING OUT OF OR RELATED TO ANY BETA FEATURES OR INTEGRATION FEATURES. THE MAXIMUM SLA REMEDY FOR ANY INDIVIDUAL MONTH IS 100% OF THE FEES INCURRED BY CUSTOMER UNDER THE AGREEMENT FOR THAT MONTH. INSTALLATION SUPPORT: Reseller will provide commercially reasonable ongoing implementation support for the Service for [XXXXXXXXXXXXX.XXX]. With respect to Mobile SDKs, any implementation support provided by Reseller will be limited to: (i) the then-current Mobile SDK and (ii) for a period of 6 months after the release date of the then-current Mobile SDK, the version of the Mobile SDK that immediately preceded the then-current Mobile SDK. ON-GOING SUPPORT: Reseller will use commercially reasonable efforts to meet the target response and resolution timeframes set forth at xxxxx://xxxxxxx.xxxxxx.xxx/analytics/answer/6215195 (as modified from time to time at Google’s sole discretion). The priority level of support cases logged by Customer will initially be designated by Customer, in its reasonable discretion based on the descriptions in the table at the link above. Reseller Customer Support may lower the priority level designation of any case (a “Priority Adjustment”) if Reseller, in its reasonable discretion, believes that Customer’s initial priority designation does not comport with the descriptions in the table. Reseller Customer Support will notify Customer as soon as is reasonably practicable of any Priority Adjustment. Reseller Customer Support may also perform a Priority Adjustment while permanent solutions are being developed, as soon as a workaround solution is implemented. With respect to Mobile SDKs, on-going support provided by Reseller will be limited to: (i) the then-current Mobile SDK and (ii) for a period of 6 months after the release date of the then-current Mobile SDK, the version of the Mobile SDK that immediately preceded the then-current Mobile SDK. Target resolution times are goals. Depending on the volume and severity of tickets submitted, response times and time to resolution may vary. Occasionally an issue needs to be escalated to our engineering team. In such cases, it may take more time to resolve the issue. Customer’s customer support representative will keep Customer informed throughout the process. In addition to the above on-going support...
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Related to Exclusions and Limits

  • EXCLUSIONS AND LIMITATIONS The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Indemnification and Limitation on Liability 1. Seller agrees to indemnify and hold harmless JPMS and its directors, officers, employees and affiliates from and against all claims, losses, damages and liabilities (including without limitation, any legal or other expenses reasonably incurred in connection with defending or investigating any such action or claim) arising out of or attributable to JPMS’s actions taken or not taken in compliance with this Sales Plan or arising out of or attributable to any breach by Seller of this Sales Plan (including Seller’s representations and warranties hereunder) or any violation by Seller of applicable laws or regulations. This indemnification shall survive termination of this Sales Plan. Notwithstanding the foregoing, Seller shall have no indemnification obligation to the extent any claims, losses, damages or liabilities are due to the gross negligence, recklessness or willful misconduct of JPMS or any other indemnified person.

  • Disclaimer and Limitation of Liability THE COMPETITION MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE THE COMPETITION MATERIALS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPONSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPETITION PARTIES (AS DEFINED IN THE OFFICIAL RULES) (JOINTLY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR PARTICIPATION IN THE COMPETITION EXCEED $10. EACH PROVISION OF THIS AGREEMENT AND THE COMPETITION RULES THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE TERMS OFFERED BY SPONSOR TO PARTICIPANT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS AGREEMENT AND THE COMPETITION RULES WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT OR THE COMPETITION RULES.

  • Restrictions and Limitations (a) Except as hereinafter provided, no officer or Trustee of the Trust, no officer, director, or stockholder (or partner of a stockholder) of the investment adviser of the Trust (as that term is defined in the 0000 Xxx) or of any underwriter of the Trust, and no investment adviser or underwriter of the Trust shall take long or short positions in the securities issued by the Trust. The foregoing provision shall not prevent the purchase from the Trust of shares of any series issued by the Trust by any person at the price available to shareholders of the Trust generally at the time of such purchase, or as described in the current Prospectus of the Trust, or prior to commencement of the public offering of shares of the Trust, at the net asset value of such shares.

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to:

  • Compensation and Limitation of Liability 14 Section 1.

  • RETENTION AND LIMIT The Reinsurer will accept a fixed proportion of [up to 30%] of the Company's loss on the first $1,000,000 on behalf of the Company under each and every Policy subject to this Agreement, as follows: [4/1/02 to 3/31/03 10%, 4/1/03 to 12/31/06 15%].

  • Indemnification and Limitation of Liability (a) To the fullest extent that limitations on the liability of Trustees and officers are permitted by the DSTA, the officers and Trustees shall not be responsible or liable in any event for any act or omission of: any agent or employee of the Trust; any Investment Adviser or Principal Underwriter of the Trust; or with respect to each Trustee and officer, the act or omission of any other Trustee or officer, respectively. The Trust, out of the Trust Property, shall indemnify and hold harmless each and every officer and Trustee from and against any and all claims and demands whatsoever arising out of or related to such officer’s or Trustee’s performance of his or her duties as an officer or Trustee of the Trust. This limitation on liability applies to events occurring at the time a Person serves as a Trustee or officer of the Trust whether or not such Person is a Trustee or officer at the time of any proceeding in which liability is asserted. Nothing herein contained shall indemnify, hold harmless or protect any officer or Trustee from or against any liability to the Trust or any Shareholder to which such Person would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Person’s office.

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