Sole and Exclusive Remedies. THE PARTIES ACKNOWLEDGE THAT THE REMEDIES IN THIS SECTION 2 SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF BUYER AND THE SOLE AND EXCLUSIVE LIABILITY OF SELLER FOR THE FAILURE OF THE COMMENCEMENT DATE TO OCCUR PRIOR TO THE SCHEDULED SERVICE DATE OR ANY OTHER DELAY IN PROVIDING THE SERVICE.
Sole and Exclusive Remedies. BluBØX’s sole and exclusive liability for any warrantied Hardware will be (at BluBØX’s option) to i) credit Reseller’s account for the original purchase price of the Hardware, or to i) either repair or replace the Hardware. Repairs shall be completed with new, reconditioned, or factory-rebuilt parts at BluBØX’s sole option. Warranty benefits shall be extended only if: (i) BluBØX is promptly notified by Reseller in writing upon discovery (and within the applicable Warranty Period) that the BluBØX Hardware was found to have failed or be defective – and the notification contains a detailed explanation of any alleged deficiencies, (ii) such BluBØX Hardware is returned to BluBØX, F.O.B. BluBØX’s factory or warehouse, and (iii) BluBØX’s examination of the returned Hardware indicates that the alleged deficiencies actually exist and were not caused by accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing. If the returned Hardware is found to be defective, BluBØX will reimburse Reseller for the reasonable transportation charges paid by Reseller for the return of the Hardware. Reseller must fill-in a Return Materials Authorization form (RMA) for the return of the Hardware and must obtain an RMA number from BluBØX before returning the Hardware. The Hardware must be returned with complete identification, freight prepaid, and in accordance with BluBØX’s instructions or it will not be accepted. In no event will BluBØX be responsible for goods returned without proper authorization.
Sole and Exclusive Remedies. This Article 10 sets forth Lessee's sole and exclusive remedies in the event of a Taking. Each Party hereby waives the provisions of Sections 1265.120 and 1265.130 of the California Code of Civil Procedure and the provisions of any successor or other law of like import. ARTICLE 11.
Sole and Exclusive Remedies. End User must report any alleged breach of the warranties contained in this Section 9 to Agilos in writing during the applicable Warranty Period, and provide to Agilos such information and materials as Agilos may reasonably request to document and reproduce an issue. End User’s exclusive remedy and Agilos sole liability with regard to a breach of warranty shall be as follows: - with respect to any alleged breach of the warranty set forth in Section 9.1 (Performance), at Agilos option and expense, to either: (i) repair or replace the non-conforming Software; or (ii) return the Software license and Maintenance fees paid (if any) with respect to the non- conforming Software; - with respect to any alleged breach of the warranty set forth in Section 9.2 (Viruses and Disabling Code), to replace all copies of the affected Software in the possession of End User with copies that do not contain such virus or disabling code. If End User is asked by Agilos to return the applicable license and Maintenance fees paid for the non- conforming Software pursuant to Section above: (i) End User shall promptly return the non-conforming Software to Agilos or establish to Agilos satisfaction that it has destroyed/uninstalled the applicable Software; and (ii) the licenses granted to End User hereunder in respect of such non-conforming Software shall automatically terminate.
Sole and Exclusive Remedies. (a) In the event a Non-Glass Component fails due to a defect in manufacturing, materials, or workmanship, within the Limited Warranty Period, Seller will, at its option (i) provide replacement part(s) (labor not included); (ii) repair the defective component at no cost to Buyer; or (iii) credit or refund the price paid for such defective Non-Glass Component at the pro rata contract rate, provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such defective component to Seller. Such replacement parts or repairs are warranted for the remainder of the original Limited Warranty Period.
Sole and Exclusive Remedies. The Credit described in this Section 4 shall be your sole and exclusive remedy and Quantis' sole and exclusive liability for any breach of the obligations set forth in this Addendum. If Quantis meets or exceeds the applicable Target System Availability Level, you shall have no right to obtain Credit(s).
Sole and Exclusive Remedies. The sole and exclusive remedy of the Parties for money damages in the event of any inaccuracy, misrepresentation or breach of any representation or warranty of a Party under this Agreement or any Ancillary Document delivered to another Party in connection herewith will be strictly limited to indemnification pursuant to this Article 8; provided, however, that this Section 8.3(f) will not restrict the right of a party hereto to bring an action for fraud (of which intent is an element) or to seek recovery with respect to Losses arising out of or resulting from the breach of any covenant or agreement contained in this Agreement or any Ancillary Document (but not from any inaccuracy, misrepresentation or breach of any representation or warranty of a Party under this Agreement or any Ancillary Document).
Sole and Exclusive Remedies. Notwithstanding any other term of this Agreement, subsequent to the Effective Time the sole and exclusive remedies of Buyer, each of Buyer’s Other Indemnified Persons, the Selling Parties and each of the Selling Party’s Other Indemnified Persons for any Losses or Liabilities arising out of, relating to or resulting from any breach of any representation, warranty, covenant or agreement in this Agreement, any certificate delivered pursuant hereto or the transactions contemplated hereby, or the interpretation, making, performance, breach or termination thereof, will be strictly and exclusively limited to those contained in this Article 8. Except to the extent expressly stated herein to the contrary, the rights and obligations (including remedies) arising out of, relating to, resulting from or in connection with any Ancillary Document are not limited by this Agreement. In furtherance of the foregoing, to the maximum extent permitted by Applicable Law, each Party hereby waives and (if necessary to give effect to this Section 8.3) will cause each of its Other Indemnified Persons to waive, all claims, causes of action and other remedies of such Party against each other as a matter of Contract, equity, under or based upon any Applicable Law or otherwise (including for rescission), except to the extent expressly stated in this Agreement.
Sole and Exclusive Remedies. Except as provided in Section 6.1 (d) Buyer's right to suspend deliveries and purchase substitute coal and the possible resulting cancellation of this Agreement, and Buyer's right to reject deliveries, all pursuant to Section 6.1, together with the compensation for variations in quality provided for under Article X and Section 6.1 (f) and Buyer's right to damages under Section 16.4, shall be Buyer's sole and exclusive remedies for Seller's failure to deliver coal which conforms to any of the quality specifications herein.
Sole and Exclusive Remedies. Customer's remedies and KNOWALL's liability under this agreement are limited to the remedies and liabilities set forth in clauses 6.1, 6.2 and 9.2 of this agreement. If despite the above, Customer is entitled to recover damages from KNOWALL for any reason, then in the aggregate KNOWALL shall only be liable for:
