LIMITATION OF REMEDY. The only remedy that the Taxpayer shall have in the event of breach or alleged breach by GO-Biz, shall be the normal administrative and judicial rights accorded to a taxpayer in the state of California who has been denied a tax credit claimed on their return.
LIMITATION OF REMEDY. EXCEPT FOR YOUR LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT. IF PROVIDER IS UNABLE TO PROVIDE SUCH SERVICE, YOUR EXCLUSIVE REMEDY AND PROVIDER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PLASMA TV, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. INDEMNIFICATION YOU, THE CUSTOMER, AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER AND ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES OR COSTS INCURRED BY PROVIDER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY PROVIDER OR ANY THIRD PARTY ACTING ON BEHALF OF PROVIDER.
LIMITATION OF REMEDY. If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below, the Company shall, at its option and as the Customer’s exclusive remedy, repair or replace F.O.B. point of manufacture. The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the products. In the event that the product cannot be repaired or replaced, the company reserves the right to substitute a product of similar technical parameters. The company will not refund the purchase price of the original product. Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed an absolute and unconditional waiver of the Customer’s claim for such covered defects. All costs and expenses of dismantling, reinstallation and freight, including the time of the Company’s personnel and representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer unless accepted in writing by the Company. Products repaired or replaced during the limited warranty period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period. The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other only on an individual (non-class, non-representative) basis. The Company and the Customer agree that each of them may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join more than one person’s claims and many not otherwise preside over any form of a consolidated, representative, or class proceeding.
LIMITATION OF REMEDY. Any warranty of title by the Grantor and any remedies of the Grantee or its successors and assigns related to the property covered by this Deed shall be limited to the remedies set forth in that certain AGREEMENT OF SANTA FE PACIFIC GOLD CORPORATION, AS URANCO, INC. SHAREHOLDER, AND URANIUM RESOURCES, INC., dated effective as of March 25, 1997, (a copy of which is maintained in the offices of Grantor and Grantee and attorneys for Grantor, Modrall, Sperling, Roehx, Xxxxxx & Xisk, X.A., 500 Xxxxxx Xx. X.X., Xxxxxxxxxxx, Xxx Xxxxxx 00000) xxd shall not include any other rights, damages or claims than those specifically set forth therein. Any rights asserted under the terms of such agreement must be brought within the time period set forth in such agreement. 29 CONVEYANCE DOES NOT INCLUDE COAL IN PLACE, INCLUDING DEVELOPMENT OR MINING RIGHTS. This conveyance does not and is not intended to affect or purport to affect, in any way, coal in place, including development or mining rights related to coal, in any of the property of Grantor or any of its subsidiaries or affiliates including, but not limited to, the San Juan Xxxin Coal Holding Company, and coal in place and all such rights are EXCEPTED herefrom and RESERVED to Grantor. WITNESS its hand and seal this 21 day of March, 1997. SANTA FE PACIFIC GOLD CORPORATION By: /s/ BRUCX X. XXXXXX ----------------------------------- (Seal) Brucx X. Xxxxxx Senior Vice President-Corporate Development STATE OF NEW MEXICO COUNTY OF BERNALILLO This instrument was acknowledged before me on March 21, 1997, by Brucx X. Xxxxxx xx Senior Vice President-Corporate Development of Santa Fe Pacific Gold Corporation. (Seal) /s/ JACQXXXXXX XXXXXXX ----------------------------------- Jacqxxxxxx Xxxxxxx Notary Public My commission expires: 01/28/98 --------------- EXHIBIT A MCKIXXXX XXXNTY, NEW MEXICO WEST LARGO PROJECT 32-000-000 / 02-000-0000 RECORDING DATA BLM SERIAL CLAIM NAMES BOOK PAGE NUMBERS ----------- -------------- ---------- ID 21 53 1 NMMC 50374 123 620 * amended 123 655 * amended ID 22 53 2 NMMC 50375 123 616 * amended 123 657 * amended ID 23 53 3 NMMC 50376 123 602 * amended 123 659 * amended ID 24 53 4 NMMC 50377 123 618 * amended 123 661 * amended ID 25 53 5 NMMC 50378 123 600 * amended 123 663 * amended ID 26 53 6 NMMC 50379 123 604 * amended 123 665 * amended ID 27 53 7 NMMC 50380 123 606 * amended 123 667 * amended ID 28 53 8 NMMC 50381 123 624 * amended 123 669 * amended ID 29 53 9 NMMC 50382 123 608 * amended 123 671 ...
LIMITATION OF REMEDY. Village’s liability to Contractor for breach of this Contract shall be limited to amounts due for acceptable goods and services already received or performed and not paid for, not to exceed the Total Contract Amount.
LIMITATION OF REMEDY. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL EITHER PARTY, OR ITS CONTRACTORS, LICENSORS OR SUPPLIERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO THE OTHER PARTY, OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ALL STATEMENTS OF WORK, ORDER FORMS, OR AMENDMENTS THERETO, WHETHER IN CONTRACT OR TORT OR BY WAY OF INDEMNITY OR OTHERWISE, INCLUDING A BREACH THEREOF OR INCLUDING DAMAGES OR LIABILITIES FOR LOST PROFIT, LOST REVENUE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF DATA, REGULATORY FINES, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, SOFTWARE PROGRAM, OR DATA, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES HAVE BEEN COMMUNICATED TO SUCH PARTY AND REGARDLESS OF WHETHER SUCH PARTY HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES OR LIABILITIES.
LIMITATION OF REMEDY. PURCHASER'S EXCLUSIVE REMEDY AND THE LIMIT OF SELLER'S LIABILITY FOR BREACH OF THE LIMITED WARRANTY SET FORTH IN No. 7, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, SHALL BE, AT SELLER'S OPTION, REPAIR, REPLACEMENT WITH A LIKE QUANTITY OF NONDEFECTIVE PRODUCT OR REFUND OF THE PURCHASE PRICE, PLUS REASONABLE COMMERCIAL CHARGES INCURRED FOR APPROVED RETURNS UNDER No. 6 ABOVE.
LIMITATION OF REMEDY. The sole and exclusive remedy for any claim for breach of the warranties set forth in Section 13(a)(i) under this Agreement is for Uila to modify the Services to conform with the Documentation. If Uila is unable to do so, Uila may, in its own discretion: (1) allow monthly-paying Customers to terminate the Agreement; or (2) for annually-paying Customers, provide a service credit to extend the then current Term by thirty (30) days upon the Customer’s election to renew the Term.
LIMITATION OF REMEDY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 9) SHALL BE LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND OF THE PURCHASE PRICE UNDER SECTION 5.
LIMITATION OF REMEDY. Nothing contained in this Agreement shall limit -------------------- or impair, or be construed to limit or impair, any right or remedy to which any party hereto may become entitled by virtue of any breach by any party under the terms and provisions of the Merger Agreement; provided, however, that such -------- ------- rights and remedies shall be limited as set forth in the Merger Agreement.
