Further Limitation. Seller’s liability shall be further limited or reduced:
Further Limitation. The obligation of WuXi under Section 9.1 and Customer under Section 9.2 is limited to one-hundred thousand dollars ($100,000) per event, except that this limitation will not apply with respect to any indemnifiable claim arising out of or relating to gross negligence, fraud or willful misconduct by the indemnifying Party under this Agreement. Except for claims arising under indemnities contained herein, any claim must be brought by either Party within one (1) year from the completion of Services under which such claim arises or such claim will be forever barred.
Further Limitation. Notwithstanding any provision of this Payment in Lieu of Tax Agreement to the contrary, the Agency shall not be obligated to take any action pursuant to any provision hereof unless (1) the Agency shall have been requested to do so in writing by the Company, and (2) if compliance with such request is reasonably expected to result in the incurrence by the Agency (or any of its members, officers, agents, servants or employees) of any liability, fees, expenses or other costs, the Agency shall have received from the Company security or indemnity and an agreement from the Company to defend and hold harmless the Agency satisfactory to the Agency for protection against all such liability, however remote, and for the reimbursement of all such fees, expenses and other costs.
Further Limitation. Subject to the provisions of Section 8.4 hereof and any other provision of this Agreement to the contrary, none of the Assignors shall have liability, either express or implied, for (i) the collectibility of the Loans made to Borrowers under, or the enforceability of, any of the Loan Documents; (ii) the financial condition or creditworthiness of any of the Borrowers; (iii) any credit or other information furnished by the Borrowers to any Assignor; or (iv) the value of any Collateral.
Further Limitation. To the extent that applicants have rental arrears, grantees may not make commitments for prospective rent payments unless they have also provided assistance to reduce an eligible household’s rental arrears.
Further Limitation. The obligation of WuXi AppTec under Section 9.1 and Customer under Section 9.2 is limited to **** per claim, except that this limitation will not apply with respect to any indemnifiable claim arising out of or relating to fraud or willful misconduct by the indemnifying Party under this Agreement Except for claims arising under indemnities contained herein, any claim must be brought by either Party within **** from the completion of Services under which such claim arises or such claim will be forever barred.
Further Limitation. Notwithstanding any provision of this Agreement to the contrary, the Agency shall not be obligated to take any action pursuant to any provision hereof unless (1) the Agency shall have been requested to do so in writing by the Company and/or the Operating Company, and (2) if compliance with such request is reasonably expected to result in the incurrence by the Agency (or any of its members, officers, agents, servants or employees) of any liability, fees, expenses (including, without limitation, attorneys’ fees and expenses) or other costs, the Agency shall have received from the Company and/or the Operating Company security or indemnity and an agreement from the Company and/or the Operating Company to defend and hold harmless the Agency satisfactory to the Agency for protection against all such liability, however remote, and for the reimbursement of all such fees, expenses and other costs.
Further Limitation. Whereas there are inherent risks of microorganism contamination of Product resulting from the open process steps associated with Patient Tumor acquisition and the Process as of the Effective Date, LBIO agrees that notwithstanding anything to the contrary in this Agreement, for so long as the Process has such open process steps, Company shall not be liable for any damages of any kind whatsoever, including Losses where such damages or Losses arise or result from the contamination of Product by microorganisms, including viruses. This limitation shall not apply if the contamination was caused by the negligence, willful misconduct or breach of this Agreement by Company.
Further Limitation. TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES WILL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REFUND, REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY US IN OUR SOLE DISCRETION
Further Limitation. Notwithstanding anything to the contrary contained in this Agreement, other than with respect to the Intercreditor Agreement none of the Financing Sources shall have any liability to Seller or any of its Affiliates or any other Person (other than Buyer) relating to or arising out of this Agreement or the Financing, whether at law or equity, in contract or in tort or otherwise, and other than with respect to the Intercreditor Agreement, neither Seller nor any of its Affiliates nor any other Person (other than Buyer) shall have any rights or claims against any of the Financing Sources under this Agreement or the Financing, whether at law or in equity, in contract, tort or otherwise; provided that this Section 8.7 shall not limit the liability of any of the guarantors, or the rights of Seller, under that certain Limited Guaranty dated as of the date hereof for the benefit of Seller; and provided, further, that this Section 8.7 shall not limit the rights of Seller under the Spectrum Auction Contingency Agreement.
