Limited Application. This Agreement and the sanction granted herein relate solely to the Event and the date set forth in Exhibit 1 to this Agreement. Nothing in this Agreement, or in the course of dealing between the parties, will be construed to require PROMOTER or NASCAR to enter into a sanction agreement or to issue a sanction for the Event or any other event in the future.
Limited Application. The fact that Executive’s right to payments or benefits may be reduced by reason of the limitations contained in this Section 21 shall not of itself limit or otherwise affect any other rights of Executive under this Agreement.
Limited Application. The provisions of Paragraph 5(g)(ii) below shall apply solely in the event that the Company and the Partnership announce formally to the public (whether through a press release or the filing of a current report on Form 8-K) that they no longer intend to pursue the proposed acquisition/business combination/restructuring transaction that was announced formally to the public on February 21, 2007.
Limited Application. Allocations pursuant to this Section 4.4 are solely for purposes of federal, state and local taxes and shall not affect or in any way be taken into account in computing any Member’s Capital Account or share of Profits, Losses, other items or distributions pursuant to any provision of this Agreement.
Limited Application. This Agreement and the sanction granted herein relate solely to the Event and the date set forth in Exhibit 1 to this Agreement. Nothing in this Agreement, or in the course of dealing between the parties, will be construed to require PROMOTER or NEM to enter into a sanction agreement or to issue a sanction for the Event or any other event in the future.
Limited Application. This Section 7.3 does not apply to supplemental products or services you obtained through your use of the Software.
Limited Application. Applies to the Plan, but only to a Participant who has incurred a Separation from Service.
Limited Application. This Agreement and the sanction granted herein relate solely to the Events and the dates set forth in Exhibit 1 to this Agreement or, if applicable, to one or more Event dates adjusted or postponed by NEM in accordance with this Agreement. Nothing in this Agreement, or in the course of dealing between the parties, will be construed to require PROMOTER or NEM to enter into a sanction agreement or to issue a sanction for one or more Events or any other event in the future.38. Disclaimer of Warranty. NEM (on behalf of itself, NASCAR, and each and every NASCAR Rights Affiliate, whether existing now or created hereafter) does not warrant, either expressly or by implication, nor is it responsible for, the financial or other success of any Event, the number or identity of sponsors, the number or identity of vehicles or Competitors participating in any Event, the adequacy of the services it provides, the suitability of the Facility for an Event, the safety of the public, the Competitors or any other person entering the Facility in connection with an Event, the financial return from the exploitation of Live Transmission Rights or Ancillary Rights, or any other matter not expressly agreed to or warranted by NEM herein.39. Proprietary Information; Confidentiality. PROMOTER acknowledges that (i) this Agreement, (ii) any technical, business or financial information or documents used, provided or disclosed by NEM or any NASCAR Rights Affiliate in connection therewith or pursuant thereto, (iii) customer lists of any kind or nature used, provided or disclosed by NEM or any NASCAR Rights Affiliate, (iv) the manner in which NEM or any NASCAR Rights Affiliate engages in the exploitation of Live Transmission Rights or Ancillary Rights, (v) the manner in which NEM conducts and controls the Competitions, (vi) the manner in which NEM promotes the Events, the series of which an Event is a part, and the sport of stock car racing in general, and (vii) the manner in which NASCAR and/or NEM forms, promotes and maintains relationships with sponsors, Competitors, Officials, other promoters, fans and other third parties involved in an Event (collectively "NEM Proprietary Information"), constitutes information that is proprietary to NASCAR, NEM and/or the NASCAR Rights Affiliate(s) and may not be used by PROMOTER except in connection with the performance of PROMOTER's duties under this Agreement. Except for that purpose, PROMOTER shall at all times and forever maintain NEM Proprietary In...
Limited Application. This Permit does not grant or approve any co-location rights to any non-party’s facilities or interests.
Limited Application. This Exhibit shall not be deemed applicable to any additional space added to the Premises at any time or from time to time, whether by any options under the Lease or otherwise, or to any portion of the original Premises or any additions to the Premises in the event of a renewal or extension of the original Term of the Lease, whether by any options under the Lease or otherwise, unless expressly so provided in the Lease or any amendment or supplement to the Lease. EXHIBIT E-1 TO FOURTH AMENDMENT
