Limitations on Remedy Sample Clauses

Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, all actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
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Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.
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Limitations on Remedy. All actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
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Limitations on Remedy. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAPID BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, SUSTAINED BY LICENSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT, CAUSED BY OR RELATED TO THE SOFTWARE OR DOCUMENTATION, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT RAPID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SET FORTH IN THE TERMS, TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAPID’S AGGREGATE LIABILITY TO LICENSEE FOR DAMAGES OF ANY TYPE ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING THIS AGREEMENT) EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR PRODUCTS HEREUNDER. RAPID SHALL HAVE NO LIABILITY WHATSOEVER, AND DISCLAIMS ALL LIABILITIES, UNDER THIS AGREEMENT WITH RESPECT TO THE SOFTWARE.
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Limitations on Remedy. Except for claims or other matters relating to Working Capital, any Stockholders Limitation Exception, any Parent Limitation Exception or the Escrow Agreement or Escrow Fund Amount (including asserting rights thereto), the remedies provided for in this Article VII (and as limited by this Article VII) shall be the sole basis for making a claim for damages against any party to this Agreement with respect to matters for which indemnification is available under Section 7.2 or Section 7.3. However, neither this limitation nor any other provision of this Article VII is intended to or will be construed to limit any party’s ability to obtain specific performance with respect to any obligation of the other party or parties and each party to this Agreement shall be entitled to specifically enforce the obligations of each other party in this Agreement to the maximum extent permitted by Law.
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Limitations on Remedy. To obtain remedies under HOC’s warranty Customer must (i) give prompt written notice to HOC, of warranty defect or nonconformance and identify the Product for which notice is given, and (ii) return all Products claimed to be defective or nonconforming to HOC, FOB HOC’s Plant, promptly after such notice, but in no event later than thirty (30) days after such notice has been given.
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Limitations on Remedy. The amount of any Losses for which indemnification is provided to a party under this Article X shall be reduced to take account of any net tax benefit and shall be increased to take account of any net tax detriment realized by such party which arises from the incurrence or payment of any such Losses or from the receipt of any such indemnification payment and shall be reduced by the insurance proceeds received and any other amount recovered, if any, by the Indemnified Party (or its Affiliates) with respect to any Losses. If any Indemnified Party (or its Affiliates) shall have received any payment pursuant to this Article X with respect to any Loss and shall subsequently have received insurance proceeds or other amounts with respect to such Loss, then such Indemnified Party (or its Affiliates) shall promptly pay over to the Indemnifying Party the amount so recovered (after deducting the amount of the expenses incurred by it in procuring such recovery), but not in excess of the amount previously so paid by the Indemnifying Party. The sole and exclusive remedies of any party to this Agreement for any claim hereunder against any other party hereto shall be the indemnification provided in this Article X or elsewhere in this Agreement, and each party agrees that it will not pursue any other remedy with respect thereto, except with respect to claims arising pursuant to Section 9.2 or except for any remedies contemplated under Article XI hereof. All indemnification payments made under this Article X shall be treated for tax purposes as adjustments to the Purchase Price. In the event that one party shall be obligated to indemnify an Indemnified Person pursuant to this Article X, the Indemnifying Party shall, upon payment of such indemnity in full, be subrogated to all rights of the Indemnified Person with respect to such loss.
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Related to Limitations on Remedy

  • Limitations on Remedies 7.1 IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF THE TEKNI-PLEX COMPANIES OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER AS PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF A CLAIM OR SERIES OF RELATED CLAIMS. IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF ITS EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM OR RELATING TO ANY INJURY TO PERSONS; LOSS OF VALUE OR USE (INCLUDING WITHOUT LIMITATION, DIMINUTION IN VALUE OR STIGMA DAMAGES); LOSS OF ANTICIPATED REVENUE OR PROFIT; COST OF CAPITAL; DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT; CLAIMS MADE BY END-USERS; OR COST OF SUBSTITUTE SUPPLIES, FACILITIES OR SERVICES.

  • Limitations on Damages Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • LIMITATION OF LIABILITY AND REMEDIES Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  • Certain Remedies If any Event of Default shall have occurred and be continuing:

  • Limitations on Liability The Custodian shall not be liable for any loss, claim, damage or other liability arising from the following causes:

  • Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

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