Limitations of Remedies. Any other provision of this Section 7 notwithstanding, the Bank acknowledges and agrees that all Advances and all remedies as to such Advances are (i) fully subordinated to and may only be paid by Borrower after all obligations then due with respect to any rated debt of Borrower or of any securities issued by Borrower or of any trust of which Borrower in the originator, in whole or in part, (ii) without recourse by the Bank against any assets of Borrower, now owned or hereafter acquired, other than such assets specifically pledged by Borrower and (iii) that such Advances and all remedies provided for in this Section 7 shall not constitute a claim against Borrower to the extent the assets, if any, specifically pledged by Borrower are insufficient to fully pay such Advances.
Limitations of Remedies. Tenant agrees that the sole remedies for any claim, loss or damage resulting from or arising out this Lease Agreement or out of Tenant’s use or occupancy of the Property or the Campground shall be limited to the total amount of lease payments Tenant paid to District under this Lease Agreement.
Limitations of Remedies. Neither party hereto shall be liable to the other for indirect, special, incidental, consequential or punitive damages claimed by such other party resulting from such first party's breach of its obligations, agreements, representations or warranties hereunder, provided that nothing hereunder shall preclude any recovery by an indemnified party against an indemnifying party for third party claims.
Limitations of Remedies. At the beginning of occupancy, if Owner/Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably similar property, Guest hereby agrees that IRE and Owner's sole liability as a result of this condition is a full refund of all monies previously tendered by the Guest under this Rental Agreement. Guest expressly acknowledges that in no event shall IRE or the Owner be held liable for consequential or secondary damages, including, but not limited to, any expense incurred as a result of travel, re-renting, etc. Guest shall not be entitled to any refund due to unfavorable weather conditions, hurricane evacuation, failure of a major appliance or air conditioning system, or disruption of utility services including cable TV, phone or Internet service. Guest shall not hold IRE or Owner liable for acts of theft or vandalism or other damage to Guest's personal property. Provisions of this Agreement shall be construed according to North Carolina law in the event of a dispute. In the event of a dispute, both parties agree that any legal action may only be instituted in the county where this property is located.
Limitations of Remedies. The remedy provided for in this Warranty is the sole and exclusive remedy with respect to NBP Product, whether arising out of contract, tort or otherwise, and in no event shall NBP’s liability exceed the original purchase price of the affected Product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NBP MAKES NO WARRANTIES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. NBP SHALL NOT BE RESPONSIBLE FOR DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, DIRECT OR INDIRECT, EXEMPLARY OR PUNITIVE. Some state and federal laws do not allow the disclaimer of implied warranties or exclusion of incidental and consequential damages, so these disclaimers or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may have other rights which vary from state to state. If any specific term of this Warranty is prohibited by an applicable law, it shall be null and void, but the remainder of this Warranty shall remain in full force and effect. Specific Additional Exclusions. This warranty excludes Garden Bay and all architectural shaped windows manufactured by Ventana USA. In addition to any other limitations or exclusion in this Warranty, NBP shall have no obligation for product failure, damage or costs caused in whole or part by: • Condensation, mold or fungus on Products. This condition may occur as the natural result of humidity within the house or building caused by interior/exterior temperature differentials and does not indicate a manufacturing defect. • Water infiltration other than as a result of a defect in manufacturing. • Improper handling or storage, misuse, abuse, vandalism, neglect, lack of or improper maintenance, or natural aging of parts due to friction or the elements. • Accident, acts of God, fire, flood or atmospheric contaminants; application of heat causing excessive temperature differentials; or anything outside of NBP’s control. • Failure to follow NBP Care and Cleaning Instructions & General Information for upkeep of NBP product or maintenance inadequate for the existing application. This includes improper maintenance, such as use of brick wash, razor blades, sealants, sanding, power washer or other improper washing methods. • Damage caused by failure to properly seal and protect exposed wood surfaces of the Product against moisture. • Insect...
Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach of or non-performance of the other party under this Agreement. The only remedies of the other party available against the non-performing party under this Agreement shall be either to withhold further performance under the Agreement until the non-performing party or parties cure the non-performance or to seek a court order from the Circuit Court of the Seventh Judicial Circuit in and for Flagler County, Florida requiring the non-performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either the Owner or the City to pursue any and all available remedies, if any, under non-tort or constitutional law related to a party’s non-performance under the Agreement. The City shall not be deemed to have waived sovereign immunity in any manner or respect, provided this provision shall not limit the City’s contractual obligations under this Agreement.
Limitations of Remedies. In the event of a breach of the Agreement by the City, Contract shall not be entitled to recover punitive, special or consequential damages for loss of business.
Limitations of Remedies. The parties will not pursue an award of monetary damages for a breach of or non- performance under this Agreement. The only remedies available against the non-performing party will be either to withhold further performance under this Agreement until the non- performing party cures the non-performance or seek a court order from the Circuit Court of the Seventh Judicial Circuit in and for Flagler County, Florida requiring the non-performing party to fulfill its obligations under this Agreement. The City will not be deemed to have waived sovereign immunity in any manner or respect.
Limitations of Remedies. California Air Tools Inc. shall not be liable to customer, or anyone claiming under customer, for any other obligations or liabilities, including but not limited to, obligations or liabilities airing out of breach of contract or warranty, negligence or other tort or any theory of strict liability, with respect to the air compressor or California Air Tools Inc. acts or omissions or otherwise. To the fullest extent permitted by applicable law, California Air Tools Inc. shall not in any event be liable for incidental, compensatory, punitive, consequential, indirect, special or other damages, including but not limited to loss of use, loss of income, loss of time, loss of sales, injury to personal property, or liability customer incurs with respect to any other person, or any other type or form of consequential damage or economic loss. Customer Support: 0-000-000-0000 15 Exclusions In addition to the foregoing disclaimers, limitations and terms, this limited warranty shall not apply to and does not cover accessories, nor does it cover products that are in any way subject to any of the following:
Limitations of Remedies. Developer shall not, under any circumstances, be liable to Client for consequential, indirect, incidental, special, punitive, or exemplary damages or losses arising out of or related to this agreement, even if Developer is advised of the likelihood of such damages occurring. Developer’s cumulative liability for any damages arising out of or in any manner related to this agreement (including, but not limited to, claims for breach of contract, breach of warranty, negligence, strict liability, or tort, shall be limited to the amount of the fee paid by Client to Developer under this agreement.
