Remedies and Liabilities a) The remedies in this Agreement are Customer's sole and exclusive remedies.
Remedies and Liabilities. 4.1. The Client agrees to give Green Element a reasonable opportunity to remedy any failure or shortcoming in the provision by Green Element of the Services or deliverables comprised in the Project to the Client. Green Element undertakes, at its expense, to use all commercially reasonable efforts to implement such remedy as soon as reasonably practicable after any such failure or shortcoming is identified and reported to it by the Client in writing.
Remedies and Liabilities. (a) Subject to clauses 15(d) and 15(e), to the extent permitted by law, the respective rights, obligations and liabilities of each of us as set out in this Agreement (including the deed poll in Schedule 34) exclusively govern our rights in relation to this Agreement and the Works and we do not have any other rights or remedies arising out of or in connection with this Agreement and the Works, at law (including negligence) or equity, other than as set out in this Agreement.
Remedies and Liabilities. 12.1 The remedies in this Agreement are viaLink's and HP's sole and exclusive remedies; provided, however, and notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall prevent either party from seeking in a court of law, at any time and without the need to pursue any of the Dispute Resolution Process set forth in this Agreement, injunctive relief for any violation or breach of Sections 5 or 9 of this Agreement or from seeking injunctive relief to enjoin violation or infringement of any Intellectual Property Rights of the party seeking such injunctive relief.
Remedies and Liabilities. (a) Subject to clauses 14(d), 14(e) and any requirement of law, the respective rights, obligations and liabilities of each of us as set out in this Agreement exclusively govern our rights in relation to this Agreement and the Alliance Works and we do not have any other rights or remedies arising out of or in connection with this Agreement and the Alliance Works, at law (including negligence) or equity, other than as set out in this Agreement.
Remedies and Liabilities. For any breach of this agreement by the company, the customers remedy will be limited to refund of support charges paid by customer during the period of breach up to a maximum of three months support charges for the products at issue, provided, however, that the company will not be liable for failure or delays in the performance of its obligations hereunder due to causes beyond its control.
Remedies and Liabilities. Except for indemnified claims as defined by this Agreement or rights or indemnities expressly stated under other provisions hereof, Customer's sole and exclusive remedies for Read Naturally’s default hereunder shall be (a) to obtain the repair, replacement or correction of the defective program or service to the extent, if any, warranted by this Agreement or, (b) if Company reasonably determines that such remedy is not economically or technically feasible, to obtain an equitable partial or full refund of amounts paid with respect to the defective program or service. It is agreed that these remedies shall be exclusive even if they fail of their essential purpose. EXCEPT FOR INDEMNITIES EXPRESSLY PROVIDED BY THIS AGREEMENT, NEITHER PARTY IS LIABLE FOR DIRECT DAMAGES EXCEEDING ONE (1) YEAR'S SUBSCRIPTION FEES, NOR FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT OR BUSINESS INTERRUPTION EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY) ARISING OUT OF OR PERTAINING TO THIS AGREEMENT. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Remedies and Liabilities. 26.1. The Parties agree that all disputes between the Parties and claims in respect of this DSA shall be handled in accordance with the Parliamentary Relationship Agreement.
Remedies and Liabilities. The exercise by Philxxxx xx the Standby Boilers Operating Rights shall be in addition to any other remedies available to Philxxxx hereunder, shall not affect the running of any of the cure periods with respect to an Event of Default, and shall not be deemed an assumption by Philxxxx xx any liability of the Partnership for the period during which Philxxxx xxxrcises the Standby Boilers Operating Rights. During the exercise of Standby Boilers Operating Rights, Philxxxx xxxll operate the Standby Boilers in accordance with Prudent Operating Practices and all Permits and Laws. Philxxxx xxxll have no liability to the Partnership for damages to the Standby Boilers during the period Philxxxx exercises the Standby Boilers Operating Rights unless such damage is caused by the gross negligence or willful misconduct of Philxxxx xx the Permitted Steam Operator(s). In no event shall Philxxxx' xxection to exercise the Standby Boilers Operating Rights be deemed to constitute a transfer of title to the Standby Boilers or any of the Partnership's obligations as owner thereof.
Remedies and Liabilities. 15 6.4.5 Reimbursement for Costs and Expenses.........................15 6.4.6 Cessation of Standby Boiler Operating Rights ...............16 6.4.7 Training.....................................................16 6.5
