Non-Excludable Provision Sample Clauses

Non-Excludable Provision. If any Non-Excludable Provision cannot be excluded (and we are able to limit your remedy for a breach of the Non-Excludable Provision), then our liability for breach of the Non- Excludable Provision is limited to one or more of the following, as we determine: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or (b) in the case of services, the supplying of the services again or the supply of equivalent services, or the payment of the costs of having the services supplied again.
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Non-Excludable Provision. To the maximum extent permitted by law, the Parties agree that any limitation of liability, remedy, warranty, guarantee or other term of condition set forth in this Agreement is reasonable (as such term is defined in the UTCA). To the maximum extent permitted by law, in the event any limitation of liability, remedy, warranty, guarantee or other term of condition set forth in this Agreement (i) is deemed not to be reasonable (as such term is defined in the UTCA) and is therefore not excludable or (ii) is otherwise deemed to be a Non-Excludable Provision, Oxford’s entire liability for breach of a Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods or Software is limited to (at Oxford’s option): (i) replacing the relevant Goods or Software, (ii) supplying the relevant Goods or Software again or (iii) repairing the relevant Goods or Software, in any such case in accordance with Sections 3.3 and 7.2.
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Non-Excludable Provision. To the maximum extent permitted by law, the Parties agree that any limitation of liability, remedy, warranty, guarantee or other term of condition set forth in this Agreement is reasonable (as such term is defined in the UTCA). To the maximum extent permitted by law, in the event any limitation of liability, remedy, warranty, guarantee or other term of condition set forth in this Agreement (a) is deemed not to be reasonable (as such term is defined in the UTCA) and is therefore not excludable or (b) is otherwise deemed to be a Non-Excludable Provision, Metrichor Ltd.’s entire liability for breach of a Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Website is limited to repairing the Website. 的任何法律责任、救济、保证、担保或其他条款条件的限制是合理的条款（如该条款在UTCA 中的定义）。在法律允许的最大范围内，如果本协议载明的任何法律责任、救济、保证、担保或其他条款条件的限制 (a) 被视为不合理（如该条款在 UTCA 中的定义）且因此无法排除，或 (b) 以其他方式被视为是”不可排除条款”，则 Metrichor Ltd. 违反与本协议相关的”不可排除条款”或客户使用产品违反” 不可排除条款”的全部法律责任仅限于网站的维修。 16.5.
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Related to Non-Excludable Provision

  • Non-Exclusive The services of the Administrator rendered to the Trust are not deemed to be exclusive. The Administrator is free to render such services to others. The Administrator shall not be deemed to be affected by notice of, or to be under any duty to disclose to the Trust or Person acting on the Trust’s behalf, information which has come into its possession or the possession of an Interested Party in the course of or in connection with providing administrative or other services to any other person or in any manner whatsoever other than in the course of carrying out its duties pursuant to this Agreement.

  • Non-Exclusive Contract The intent of this Contract is to provide state agencies with an expedited means of procuring supplies and/or services. This Contract is for the convenience of state agencies and is considered by State to be a “Non- exclusive” use contract. Therefore, agencies may obtain this product/service from sources other than the Contract holder(s) as long as they comply with Title 18, MCA, and their delegation agreement. State does not guarantee any usage.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.