Limited period for liability claims Sample Clauses

Limited period for liability claims. Any claim for damages resulting from Defects will expire within one year. For a supplied, yet to be produced, moveable thing, the limitation period will start on the delivery date; in cases of work performances, the limitation period will start on the date of acceptance (Abnahme). Any other claims against Microsoft for damages will expire within two years from the date the cause of action arises. The provision contained in this subsection entitled “Limited period for liability claims” shall not apply to the cases governed by subsection above entitled “Liability in case of intent, product liability, malicious non-disclosure and claims based on damage to life, body, or health.” In such cases, statutory law shall apply. Microsoft’s limitations on liability for Online Services and Products are addressed in Section 6. Czech Republic Supplement Terms and Conditions subsection 2b(ii) titled “Pre-existing Work” with the following: Customer represents that the author has granted relevant approvals to modify Customer’s pre-existing work. In addition to the other rights granted, Microsoft further consents to the modification (if applicable) of any of Microsoft’s Pre-existing Work as part of a Services Deliverable, solely in the form delivered to Customer, and solely for Customer’s internal business operations. Any violation of conditions of this agreement or any Statement of Services by Customer will be a condition subsequent for obtaining the perpetual license to Microsoft’s Pre-existing Work that Microsoft leaves to Customer at the conclusion of Microsoft’s performance of the Service. Supplement Terms and Conditions subsection 4 titled “Warranties” with the following: Services Deliverables. Microsoft’s Services Deliverables are developed according to the most recent technical and scientific knowledge. Microsoft gives Customer an express notice that, based on the current state of technology, it is not possible to develop complex software that is completely free of technical defects, which may occur in the future. The software provided by Microsoft need not be completely free of programming errors but will perform substantially in accordance with Microsoft’s user documentation or, if no user documentation exists in accordance with the relevant Statement of Services, industry standards. Supplement Terms and Conditions subsection 4e titled “DISCLAIMER OF OTHER WARRANTIES” with the following: SECTIONS 425 AND 560 OF THE CZECH COMMERCIAL CODE DO NOT APPLY TO SERVICES AND...
Sample 1
AutoNDA by SimpleDocs
Limited period for liability claims. Any claim for damages resulting from Defects will expire within one year. For a supplied, yet to be produced, moveable thing, the limitation period will start on the delivery date; in cases of work performances, the limitation period will start on the date of acceptance (Abnahme). Any other claims against Microsoft for damages will expire within two years from the date the cause of action arises. The provision contained in this subsection entitled “Limited period for liability claims” shall not apply to the cases governed by subsection above entitled “Liability in case of intent, product liability, malicious non-disclosure and claims based on damage to life, body, or health.” In such cases, statutory law shall apply. Microsoft’s limitations on liability for Online Services and Products are addressed in Section 6.
Sample 1

Related to Limited period for liability claims

  • Time Limit for Claims No Indemnified Party may make a Claim for indemnification under Section 6.1 in respect of any Claim unless notice in writing of the Claim, incorporating a statement setting out in reasonable detail the grounds on which the Claim is based, has been given by the Indemnified Party prior to the expiration of the applicable Survival Period as set forth in Part VI of Appendix B.

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. QUEBEC DISCLOSURES The following section is only applicable to residents of Quebec Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • PROCEDURE UPON APPLICATION FOR INDEMNIFICATION 12.1 A determination, if required by applicable law, with respect to Indemnitee’s entitlement to indemnification shall be made in the specific case by one of the following methods, which shall be at the election of Indemnitee: (i) by a majority vote of the Disinterested Directors, even though less than a quorum of the Board (ii) by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee; or (iii) by vote of the shareholders by ordinary resolution. The Company will promptly advise Indemnitee in writing with respect to any determination that Indemnitee is or is not entitled to indemnification, including a description of any reason or basis for which indemnification has been denied. If it is so determined that Indemnitee is entitled to indemnification, payment to Indemnitee shall be made within ten (10) days after such determination. Indemnitee shall reasonably cooperate with the person, persons or entity making such determination with respect to Indemnitee’s entitlement to indemnification, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is reasonably available to Indemnitee and reasonably necessary to such determination. Any costs or Expenses (including attorneys’ fees and disbursements) incurred by Indemnitee in so cooperating with the person, persons or entity making such determination shall be borne by the Company (irrespective of the determination as to Indemnitee’s entitlement to indemnification) and the Company hereby agrees to indemnify and to hold Indemnitee harmless therefrom.

  • Unpaid Claims If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Section 10.02 is not paid in full within thirty (30) days after a written claim therefor by any person described in Section 10.02(a) has been received by the Partnership, such person may file proceedings to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Partnership shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable Law.

  • Procedures upon Application for Indemnification (a) To obtain indemnification, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and as is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification following the final disposition of the Proceeding. Any delay in providing the request will not relieve the Company from its obligations under this Agreement, except to the extent such failure is prejudicial.

  • Product Liability Claims Notwithstanding the provisions of Section 9.2, any Losses arising out of any Third Party claim, suit, action, proceeding, liability or obligation involving any actual or alleged death or bodily injury arising out of or resulting from the development, manufacture or Commercialization of any Fibrocell Products or Improved Products for use or sale in the Field, to the extent that such Losses exceed the amount (if any) covered by the applicable Party’s product liability insurance (“Excess Product Liability Costs”), shall be paid by [*****], except to the extent such Losses arise out of any Third-Party Claim based on the gross negligence or willful misconduct of a Party, its Affiliates, or its Affiliates’ sublicensees, or any of the respective officers, directors, employees and agents of each of the foregoing entities, in the performance of obligations or exercise of rights under this Agreement.

  • Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:

  • Our Liability (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.

  • Breach for Lack of Proof of Coverage The failure to comply with the requirements of this section at any time during the term of the Contract shall be considered a breach of the terms of the Contract and shall allow the People of the State of New York, the New York State Office of General Services, any entity authorized by law or regulation to use the Contract and their officers, agents, and employees to avail themselves of all remedies available under the Contract or at law or in equity.

Time is Money Join Law Insider Premium to draft better contracts faster.