Remedies and Limitations. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any claim of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the claims procedures provided to the Recipient under this Agreement.
Remedies and Limitations. 18.1 If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements) any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product so as to cause it to satisfy, and perform in accordance with, its applicable Technical Requirements. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis' installation services prove not to be performed as warranted, within a six (6) month period commencing on the date of Acceptance of the Services, Corvis, at its option, either will correct the defect or non-conforming Services or render a full or pro- rated refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Corvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay the costs of transportation of the repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer.
Remedies and Limitations. Each Party recognizes that its remedy at law for breach of the terms in this Section 6 would necessarily be inadequate and incapable of reasonable calculation and it thus stipulates that in the event of a breach of the terms contained in this Section 6, the other Party shall be entitled to appropriate equitable relief or specific performance. However, no Party shall be liable for any punitive or consequential damages for any reason related to the performance of this Section 6.
Remedies and Limitations. A. The Owner(s) understands that the sole remedies under this Express Limited Warranty Agreement are repair and replacement, as set forth herein.
Remedies and Limitations. 29 ARTICLE 16.
Remedies and Limitations. 15.1 If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements and Documentation) any Product fails to conform to the warranty specified in Article 13 during the applicable Warranty Period, Corvis will promptly, but in any event within thirty (30) days, repair or replace, at its option and expense, all such defective or nonconforming Product so as to cause it to satisfy, and perform in accordance with, in all material respects, its applicable Technical Requirements. Corvis shall use commercially reasonable efforts to correct any non-material Nonconformity in a commercially reasonable time period following notice from Qwest of such non-material Nonconformity. If Corvis cannot repair or replace such Product in a commercially practicable manner, it will provide a refund for the original purchase price or license fee paid by Qwest for such Product and such other Products which are rendered useless by the defective Product. If Corvis' installation Services prove not to be performed as warranted, within a six (6) month period commencing on the date of Acceptance of the Services, Corvis, at its option, either will correct the defect or non-conforming Services or render a full refund for such defective or non-conforming Services based on the original charges for such Services. In no event shall the maximum aggregate amount that Qwest will be permitted to recover as a result of Corvis' breach of the warranty set forth in Sections 13.1 and 13.2 [*]. No Product will be accepted for repair or replacement unless returned in accordance with reasonable instructions of Corvis which were provided to Qwest in writing prior to such request for warranty services. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Corvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay the costs of transportation of the repaired or replaced Product to the destination designated by Qwest. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Repl...
Remedies and Limitations. 10.1. HUGE’sentireliabilityandReseller’sremediesareset outinthis Agreement.Theseremediesare Reseller’s exclusive remedies and are in lieu of any other remedy at law or in equity. Except as expressly set out in this Agreement, all warranties, representations or agreements, whether oral or in writing and whether express or implied, are excluded to the extent permitted by law.
Remedies and Limitations. The delineation of the parties’ rights to terminate this Agreement prior to the Closing is not intended to limit either party from exercising any other remedy for such default provided under law or equity except as limited by this Agreement. In addition to the other limitations set forth in this Agreement, and notwithstanding anything to the contrary contained in this Agreement, City and Developer hereby also waive any claim against each other, the Indemnitees and the Developer Releasees for punitive damages, consequential damages, lost profits, and special and speculative damages, whether based on common law, statute, equity or otherwise. The limitations of liability contained in this Section are in addition to, and not in limitation of, any limitation on liability applicable by law or equity. The provisions of this Section shall survive the termination of this Agreement and the Close of Escrow and shall not be merged with the Grant Deed(s).
Remedies and Limitations. Remedies of the parties outlined or referred herein are not intended to be exclusive and shall be in addition to any other remedies at law or in equity which may be available to an aggrieved party, except as limited by this Agreement.
Remedies and Limitations. No Party hereto shall be liable to any other, and Purchaser shall not be liable to any Shareholder nor shall any Shareholder, to the extent if at all he or it is construed to have any obligations hereunder, be liable to any Party hereto for punitive damages claimed by such other Party resulting from such first Party’s breach of its obligations, agreements, representations or warranties hereunder.
