Limitations Generally Sample Clauses
The "Limitations Generally" clause sets out the overall boundaries and restrictions that apply to the rights, obligations, or liabilities within an agreement. It typically clarifies that certain provisions are subject to overarching limits, such as statutory requirements, maximum liability caps, or exclusions that apply regardless of other terms in the contract. For example, it may state that no party can claim damages beyond a specified amount or that certain warranties are only valid within a defined scope. This clause's core function is to ensure that all parties understand the general constraints governing the contract, thereby preventing misunderstandings and managing risk exposure.
Limitations Generally. We reserve the right to impose dollar, volume, activity, exposure or other limitations on card transactions, and to change them at any time. We may increase dollar or other limitations for one or more cards or card transactions upon request by any person who is an authorized signer on the linked account. You accept the risks associated with this possibility of higher dollar or other limitations.
Limitations Generally. Agent shall not be liable to any Secured Party for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by Agent’s gross negligence or willful misconduct. Agent does not assume any responsibility for any failure or delay in performance or any breach by any Obligor, Lender or other Secured Party of any obligations under the Loan Documents. Agent does not make to Secured Parties any express or implied warranty, representation or guarantee with respect to any Obligations, Collateral, Loan Documents or Obligor. No Agent Indemnitee shall be responsible to Secured Parties for any recitals, statements, information, representations or warranties contained in any Loan Documents; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectability, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectability of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account Debtor. No Agent Indemnitee shall have any obligation to any Secured Party to ascertain or inquire into the existence of any Default or Event of Default, the observance or performance by any Obligor of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.
Limitations Generally. The following are not covered by this MA, but may be separately available at rates and on terms which may vary from those described herein:
a) Services required due to misuse of the Accela-maintained software products;
b) Services required due to software corrections, customizations, or modifications not developed or authorized by Accela;
c) Services required by Customer to be performed by Accela outside of Accela’s usual working hours;
d) Services required due to external factors including, but not necessarily limited to, Customer’s use of software or hardware not authorized by Accela;
e) Services required to resolve or work-around conditions which cannot be reproduced in Accela’s support environment;
f) Services which relate to tasks other than maintenance of Customer’s existing implementation and configuration of the Accela-maintained software products including, but not necessarily limited to, enhancing or adapting such products for specific operating environments;
g) Services requested by Customer to implement software updates provided by Accela pursuant to this MA; and
h) New or additional applications, modules, or functionality released by Accela during the term of this MA.
Limitations Generally. You agree that We cannot accept any liability for Our failure to report a Building Defect or evidence of Timber Pests that were concealed by the owner of the building being inspected and You agree to indemnify Us for any failure to find such concealed defects.
Limitations Generally. To the maximum extent permitted by law, except in the case of OneStream’s gross negligence, willful misconduct, indemnification obligation, or breach of OneStream’s obligations under Section 8, regardless of the basis of recovery claimed, whether in contract, tort, negligence, strict liability or other theory:
(i) ONESTREAM’S AGGREGATE LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF THE AGREEMENT WILL BE LIMITED TO THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE LAST 12 MONTHS OF SUBSCRIPTION FEES (OR, IF 12 MONTHS HAVE NOT BY THEN PASSED, THE AMOUNT THAT WOULD HAVE BEEN PAYABLE HAD THE TERM OF THE AGREEMENT RUN 12 MONTHS); and
(ii) ONESTREAM WILL NOT BE LIABLE FOR LOSS OF PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Limitations Generally. Nothing contained in the Report will imply that any accessible or partly accessible area(s) or section(s) of the property are not, or have not been, infested by termites or other timber pests. Accordingly the Report WILL NOT GUARANTEE that an infestation and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor can it guarantee that future infestation of Timber Pests will not occur or be found.
Limitations Generally. (a) The Independent Engineer has authority to act under the ARCA and this Agreement only where and to the extent that the ARCA or this Agreement expressly provides. The Independent Engineer is required to deliver its reports, opinions and other deliverables within the time periods set forth in the ARCA and this Agreement.
(b) The Independent Engineer shall have no authority to give instructions to the Concessionaire, deviate from or amend the ARCA, or relieve the Concessionaire of any duty or obligation under the ARCA or otherwise act on behalf of the Department under the ARCA.
(c) The Independent Engineer has no powers under the ARCA or this Agreement to:
(i) arbitrate or render binding decisions or judgments; (ii) approve or disapprove submittals or Work, unless expressly provided otherwise in the ARCA or this Agreement for specific submittals; (iii) direct design, construction, operations or maintenance of the Project, or order suspensions of work, except to give such direction or order or take such action as in its opinion is necessary to remove an immediate and present threat to the safety of life or property; (iv) act as an agent of the Department or the Concessionaire; or (v) undertake primary responsibility for quality assurance and quality control.
Limitations Generally. 12.1.1 EACH PARTY’S AGGREGATE LIABILITY FOR LOSSES UNDER AND RELATED TO THIS AGREEMENT AND ITS SUBJECT MATTER FOR ALL EVENTS, ACTS OR OMISSIONS OCCURRING DURING THE TERM SHALL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (X) FEES PAID OR PAYABLE UNDER THIS AGREEMENT BY PRUDENTIAL TO SERVICE PROVIDER DURING THE 12- CONSECUTIVE-MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE EVENTS, ACTS OR OMISSIONS GIVING RISE TO SUCH LOSS, WHETHER BASED ON ONE OR MORE ACTIONS OR CLAIMS IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, OR OTHERWISE OR (Y) $16,000,000.
12.1.2 EVEN IF THE REMEDIES PROVIDED HEREUNDER FAIL IN THEIR ESSENTIAL PURPOSE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR, NOR WILL THE MEASURE OF DAMAGES ARISING FROM THIS AGREEMENT INCLUDE, ANY PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY A PARTY, INCLUDING AMOUNTS FOR LOSS OF INCOME, LOSS OF PROFITS OR LOSS OF SAVINGS SUFFERED BY A PARTY.
12.1.3 Notwithstanding anything to the contrary in this Agreement, the limitations in Section 12.1.1