IN THE EVENT THAT. ALL OF THE FUNDS ALLOCATED FOR THE CM’S GENERAL CONDITIONS (EXCLUDING BONDS AND INSURANCE) ARE NOT USED, THE CM SHALL RETAIN ALL OF THOSE FUNDS.
IN THE EVENT THAT. (1) BellSouth designates a wire center as non-impaired, (2) CLEC converts existing UNEs to other services or orders new services as services other than UNEs, (3) CLEC otherwise would have been entitled to UNEs in such wire center at the time alternative services were provisioned, and (4) BellSouth acknowledges or a state or federal regulatory body with authority determines that, at the time BellSouth designated such wire center as non- impaired, such wire center did not meet the FCC’s non-impairment criteria, then upon request of CLEC, BellSouth shall transition to UNEs any alternative services in such wire center that were established after such wire center was designated as non-impaired. In such instances, BellSouth shall refund CLEC the difference between the rate paid by CLEC for such services and the applicable UNE rate, including but not limited to any charges associated with the unnecessary conversion from
IN THE EVENT THAT. THE PARTIES ARE UNABLE TO AGREE AS TO THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN OR ADDITION TO THE WORK BASED UPON THE CM'S PROPOSAL AND THE OWNER DOES NOT ELECT TO HAVE THE CHANGE IN THE WORK PERFORMED ON A TIME AND MATERIAL BASIS, THE OWNER MAY CHOOSE TO MAKE A DETERMINATION OF THE REASONABLE COST AND TIME TO PERFORM THE CHANGE IN THE WORK, BASED UPON THEIR OWN ESTIMATES, THE CM'S SUBMISSION OR A COMBINATION THEREOF, EXCEPT FOR A CHANGE ORDER INITIALLY ESTABLISHING THE GMP FOR THE PROJECT OR INITIALLY ESTABLISHING A PARTIAL GMP FOR A PORTION OF THE WORK INCLUDED IN THE ORIGINAL PROJECT SCOPE. A CHANGE ORDER SHALL BE ISSUED IN THIS CASE FOR THE AMOUNTS OF COST AND TIME DETERMINED BY THE OWNER AND SHALL BECOME BINDING UPON THE CM UNLESS THE CM SUBMITS ITS PROTEST IN WRITING TO THE OWNER WITHIN THIRTY (30) DAYS OF THE ISSUANCE OF THE CHANGE ORDER. OWNER HAS THE RIGHT TO DIRECT IN WRITING THE CM TO PERFORM THE CHANGE IN THE WORK, WHICH IS THE SUBJECT OF SUCH CHANGE ORDER. FAILURE OF THE PARTIES TO REACH AGREEMENT REGARDING THE COST AND TIME OF THE PERFORMING THE CHANGE IN THE WORK AND/OR ANY PENDING PROTEST, SHALL NOT THE CHANGE PROPOSAL FORM ATTACHED AS APPENDIX B-2 SHALL BE USED TO SUBMIT THE FINAL CHANGE PROPOSAL TO THE OWNER AFTER THE WORK IS COMPLETE. THE FINAL CHANGE PROPOSAL SHALL DOCUMENT ALL COSTS AND EXPENSES. APPENDIX B-2 SHALL BE FILLED OUT IN ACCORDANCE WITH THE INSTRUCTIONS IN PARAGRAPH 188.8.131.52, AND ITS SUBPARAGRAPHS.
IN THE EVENT THAT. Sterling Shall Be Liable To BASF For Any Matter Relating To The Quantity Or Quality Of Any Products Delivered By Sterling To BASF Hereunder, Whether Based Upon An Action Or Claim In Contract, Equity, Negligence Or Otherwise, The Amount Of Damages Recoverable By BASF For All Events, Acts Or Omissions Will Not Exceed, In The Aggregate, An Amount Equal To *****; Provided, However, That Such Limitation Shall Not Apply To Any Liability For Which *****.
IN THE EVENT THAT. ARTICLE 2a OF THE UNIFORM COMMERCIAL CODE HAS BEEN ADOPTED IN THE JURISDICTION WHOSE LAWS GOVERN THIS LEASE, AND SUCH ARTICLE IS DEEMED TO APPLY TO THIS LEASE, THEN THIS LEASE IS INTENDED TO BE A "FINANCE LEASE" WITHIN THE MEANING OF SUCH ARTICLE. IN SUCH EVENT, THIS LEASE SHALL NOT BECOME EFFECTIVE UNLESS AND UNTIL LESSEE SHALL APPROVE LESSOR'S PURCHASE ORDER OR OTHER CONTRACT EVIDENCING LESSOR'S PURCHASE OF THE EQUIPMENT. NO WARRANTIES. THE EQUIPMENT LEASED HEREUNDER IS LEASED AS-IS. LESSOR NOT BEING THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT NOR AN AGENT OF EITHER, MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER IN REGARD TO THE EQUIPMENT. LESSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN REGARD TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR USE OR FITNESS FOR ANY PARTICULAR PURPOSE OR OF QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY OR PERFORMANCE. LESSOR FURTHER DISCLAIMS ANY WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. Lessee acknowledges that it has made the selection of each item of Equipment and of the supplier thereof (the "Supplier"). Such selection was based upon Lessee's own judgment, and Lessee expressly disclaims any reliance upon statements made by Lessor. Lessee is aware that Lessor is not in a position to have any special knowledge, or greater knowledge than Lessee, in regard to the design, inspection, selection or operation of the Equipment. Lessee further acknowledges that the Equipment will be shipped directly to Lessee and that Lessor will have no opportunity to inspect, and will not inspect the Equipment, and that Lessor will not assist Lessee in inspecting, maintaining or servicing the Equipment, Lessee acknowledges that Lessor is acquiring the Equipment solely for purposes of this Lease. Lessor agrees to order the Equipment from the Supplier thereof, but shall not be liable for specific performance of this Lease or for damages if for any reason the Supplier delays or fails to fill the order or to properly install the Equipment or if the Equipment is not accepted by Lessee. Lessor hereby informs Lessee that Lessee may have rights under Lessor's Purchase Order or other contract evidencing Lessor's purchase of the Equipment. Lessee shall be entitled to whatever rights in regard to the Equipment which Lessor or Lessee may have against any person other than the Lessor, including any rights against the Supplier and/or the manufacturer ...
IN THE EVENT THAT a) The Supplier terminates this Agreement under clause 15.1 (due to an act of default by ETF) or ETF terminates this Agreement under clause 15.5a), ETF shall pay the costs incurred by the Supplier for providing the handover assistance, provided that such costs are reasonable, properly incurred and approved in advance by ETF (such approval not to be unreasonably withheld, and shall not be withheld if such costs are consistent with, and based upon, the Supplier's then current standard hourly/daily charges).
IN THE EVENT THAT. A COURT IN THE TERRITORY DOES NOT ENFORCE OR RECOGNISE: (A) THE CHOICE OF LAW PROVISIONS IN THIS AGREEMENT INCLUDING WITHOUT LIMITATION IN SECTION 6.10 (GOVERNING LAW) (COLLECTIVELY THE “COL PROVISIONS”) OR (B) THE LIMITATION OF LIABILITY PROVISIONS WHICH ARE APPLICABLE TO ALT-N IN ANY AGREEMENT INCLUDING WITHOUT LIMITATION, IN THIS AGREEMENT OR IN ALT-N’S LICENSES IN PART OR IN FULL (COLLECTIVELY THE “LOL PROVISIONS”), RESELLER AGREES TO DEFEND AND INDEMNIFY ALT-N AGAINST ANY AND ALL LOSSES, DAMAGES, FINES, SEIZURES, COSTS AND OTHER EXPENSES (INCLUDING REASONABLE LAWYER’S FEES AND DISBURSEMENTS) THAT ALT-N MAY SUFFER AS A RESULT OF ALT-N’S INABILITY TO ENFORCE OR EXERCISE THE LOL PROVISIONS AND/OR COL PROVISIONS INCLUDING WITHOUT LIMITATION ALT-N’S INABILITY TO DEFEND AGAINST SUCH PROCEEDING, ACTION OR CLAIM ON THE BASIS OF THE LOL PROVISIONS AND/OR COL PROVISIONS, EITHER IN PART OR FULL. FOR CLARITY, THIS SECTION 6.18 DOES NOT LIMIT OR IN ANY MANNER FORECLOSE ALT-N’S ENTITLEMENT TO ANY OTHER DAMAGES OR FOR ANY OTHER RELIEF.