Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Waiver of Claim. The CONSULTANT and the CITY hereby mutually waive any claim against each other, their elected or appointed officials, agents, and employees, for any loss of anticipated profits caused by any suit or proceedings brought by any third party directly or indirectly attacking the validity of this Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void, or voidable, or delaying the same, or any part thereof, from being carried out.
Waiver of Claim. The Contractor shall have no claim for damages against Princeton University or the Project, and shall be conclusively deemed to have waived any such claim, unless notice of such claim has been given in accordance with this Clause H3 within five (5) business days after the date on which the Contractor has knowledge, or should reasonably have knowledge, of the circumstances giving rise to such claim. Any claims shall be made pursuant to the procedures established by this Clause H3. CLAUSE H4 DISPUTE RESOLUTION
Waiver of Claim. The Borrower shall not have the right to set up as against the Swing Line Bank party to this Addendum any defense or right of action, of indemnification or of set-off or compensation or any similar claim of any nature whatsoever which the Borrower may have had at any Australian Borrower Addendum 145 time or may have in the future with respect to any holder of one or more Bankers' Acceptance(s) issued hereunder.
Waiver of Claim. The Purchaser's failure to submit a claim regarding any action or omission to act on the part of the Seller (including the failure to give notice regarding the waiver of the Agreement), irrespective of the period during which such action or omission to act continues, does not constitute waiver by the Purchaser of any rights provided to it by this Agreement. The express or implied waiver by the Purchaser at any time of any claim in respect of a breach of any term of this Agreement may not be construed as a waiver of the claim upon a breach of any other term of this Agreement or as consent to any subsequent breach of the same or any other term of this Agreement. If any action of the Seller requires the consent of or approval by the Purchaser, the Purchaser’s consent to or approval of such action in any specific case may not be construed as consent or approval of the same action in any subsequent case or of any other action in that case or in any subsequent case.
Waiver of Claim. Except as otherwise provided in this Agreement, EACH ASSIGNOR HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTICE AND JUDICIAL HEARING IN CONNECTION WITH THE COLLATERAL AGENT’S TAKING POSSESSION OR THE COLLATERAL AGENT’S DISPOSITION OF ANY OF THE COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PRIOR NOTICE AND HEARING FOR ANY PREJUDGMENT REMEDY OR REMEDIES, and each Assignor hereby further waives, to the extent permitted by law:
Waiver of Claim. Landlord and its partners, members, affiliates, officers, agents, servants and employees shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and except as provided above, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. The provisions of this Article VI shall survive the expiration or earlier termination of this Lease.
Waiver of Claim. Except as expressly provided herein, Landlord and Landlord’s agents, employees, managing agent, if any, and contractors shall not be liable for, and Tenant hereby releases all claims for, loss of life, bodily injury, personal injury or damage to property or business sustained by Tenant or any person claiming through Tenant resulting from any fire, accident, occurrence or condition in or upon the Project or any part thereof (including, without limitation, the Demised Premises and the building of which the same is a part), including, but not limited to, such claims for loss of life, bodily injury, personal injury or damage resulting from (i) any defect in or failure of plumbing, heating or air conditioning equipment, electrical wiring or installation thereof, gas, steam and water pipes, stairs, porches, elevators, fountains, mezzanines, railings, skywalks, terraces or walks; (ii) any equipment or appurtenances becoming out of repair; (iii) the bursting, exploding, leaking or running of any tank, vessel, washstand, water closet, waste pipe, drain or any other pipe or tank in, upon or about the Project; (iv) the backing up of any sewer pipe; (v) the escape of steam, condenser water, chilled water, or hot water; (vi) water or rain, windblown or otherwise, being upon or coming through the roof, walls, windows or any other place; (vii) the falling of any fixture, plaster, sheetrock, tile or stucco; (viii) broken glass; (ix) any act or omission of other tenants or other occupants of the Project; and (x) any act or omission, including negligent acts or omissions, of Landlord, its principals, agents, servants, managing agents, if any, and employees whether occurring on, prior to, or subsequent to the date hereof.
Waiver of Claim. Vector hereby acknowledges that it has been expressly advised that the STVS Group currently has no funds whatsoever and is unable to repay the Notes at the time of the signing of this Agreement. Further, Vector agrees and confirms that it hereby waives any and all claims of any nature whatsoever and exonerates the directors and officers of STVS (Messrs. XxxxxxxX.