Limitation of Remedies Sample Clauses

Limitation of Remedies. The Credit Enhancement Provider shall not have the right to cause the Loan or any portion thereof to become due and payable prior to the due date for the Loan as set forth herein.
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Limitation of Remedies. Myriant’s liability, and Buyer’s sole remedy, for any claim in respect of any products at any time sold or agreed to be sold by Myriant, is limited to, at Myriant’s option (i) replacing the particular quantity of nonconforming Product or (ii) refunding the purchase price of the particular quantity of nonconforming product, less the value, if any, to Buyer of the nonconforming product. IN NO EVENT WILL MYRIANT’S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THESE TERMS, NON-DELIVERY, OR THE PROVISION OF ANY PRODUCTS, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO MYRIANT FOR THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER. FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM THE DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NON-DELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS. PRODUCTS SHALL NOT BE RETURNED TO MYRIANT WITHOUT MYRIANT’S PRIOR WRITTEN PERMISSION. IN ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYER WAIVES ANY CLAIM TO INDIRECT, *** Confidential Treatment Requested CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF), PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROVISION OF ANY PRODUCT.
Limitation of Remedies. With respect to claims by the Company or any person acting by or through the Company, or by the Purchaser or any person acting through the Purchaser, for remedies at law or at equity relating to or arising out of a breach of this Agreement, liability, if any, shall, in no event, include loss of profits or incidental, indirect, exemplary, punitive, special or consequential damages of any kind.
Limitation of Remedies. Notwithstanding any other provision of this agreement but without limiting the mutual indemnification in Section 18, neither FirstLink nor Owner shall be liable to any third party for any incidental or consequential damages, including but not limited to lost profits, of any nature whatsoever or for the condition or repair of any telephone instrument or any property to which the System is attached.
Limitation of Remedies. If the Executive's employment terminates for any reason, the Executive shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement, including under the severance policies of the Company or any subsidiary.
Limitation of Remedies. The exclusive remedy of Customer or any third party against Supplier for all claims related to warranty or product quality (whether the claims arise in tort, contract, or any other theory of liability), for any loss or damages arising out of, connected with or resulting from the Product or this Agreement, is, at Supplier’s discretion, (i) replacement of the Product or (ii) credit for the purchase price paid for the Product, and shall in no event cost Supplier more than the amount paid to Supplier for the Product. Without waiving the foregoing limitations, each of the Supplier and Customer shall defend, indemnify and hold the other harmless from any claims, causes of action, liabilities, losses, costs, taxes, penalties, attorneys’ fees, expenses or otherwise, resulting from property damage, personal injury, or death, to the extent caused by its negligence or willful misconduct. Notwithstanding anything else herein, including the Supplier’s indemnification obligations, Supplier shall not be liable to Customer or any third party for any lost profits, indirect, consequential, liquidated, punitive, or similar types of damages, whether the liability, loss, or damages arise in tort, contract, or any other theory of liability.
Limitation of Remedies. ‌ NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY NOR ANY OF ITS AGENTS, SUBCONTRACTORS, REPRESENTATIVES OR AFFILIATES SHALL BE LIABLE TO THE OTHER PARTY FOR PUNITIVE, CONSEQUENTIAL, SPECIAL, MULTIPLE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY NATURE (EXCEPT AS EXPRESSLY CONTEMPLATED IN THIS AGREEMENT, INCLUDING IN SECTION 4.4, OR FOR ANY DIRECT DAMAGES SUFFERED BY DISTRIBUTION COMPANY AS A RESULT OF A BREACH BY OWNER OF ITS OBLIGATIONS UNDER SECTION 6.2, Article X OR SECTION 11.2), IN EACH CASE, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THIS AGREEMENT, AND WHETHER SUCH LIABILITY IS CLAIMED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY, WARRANTY, FAILURE OF GOOD UTILITY PRACTICE OR ANY OTHER LEGAL OR EQUITABLE THEORY). FOR THE AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE AND AGREE THAT SECTION 4.4 OR SECTION 7.3 PROVIDE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY LOSS OF USE CONTEMPLATED BY SECTION 4.4 OR SECTION 7.3 AND NOTHING IN SECTION 6.2, Article X OR SECTION 11.2 SHALL SUPERSEDE, SUPPLEMENT OR AMEND SUCH SOLE AND EXCLUSIVE REMEDIES. THIS ARTICLE XVIII IS IN ADDITION TO THE SPECIFIC LIMITATIONS ON REMEDIES REFERENCED IN ARTICLE XIV, SECTION 4.4.1, AND SECTION 4.4.2.
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Limitation of Remedies. If Employee’s employment hereunder terminates for any reason, Employee shall not be entitled to any payments, benefits, damages, awards or compensation other than as provided by this Agreement.
Limitation of Remedies. 14.1 If Buyer becomes insolvent as that term is defined in this Agreement, or files for protection under applicable bankruptcy laws, whether voluntary or involuntary, Seller may refuse to ship the goods covered by this Agreement except for those paid for in cash or by certified funds. Seller may also stop delivery of goods in transit. Seller shall also be entitled to reimbursement for the reasonable and proper cancellation charges it accrues as a result of Buyer’s insolvency.
Limitation of Remedies. Where legislation or rule of law implies into the Agreement a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in the Agreement. However, Our liability for any breach of that condition or warranty is limited, at the Our option, to:
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