Excluded Causes definition
Excluded Causes means (a) any modification, reconfiguration, or maintenance of the Software performed by any party other than ICTECT; (b) any use of the Software on a system that does not meet ICTECT’s minimum standards as set forth in Exhibit C for such Software, including use on a modified or unsupported operating system or environment (c) any hardware or non-ICTECT software; (d) failure to implement all Updates issued by ICTECT of which licensee is advised to be required by ICTECT; (e) use of the Software in a manner for which it was not designed as reflected in documentation; and/or (f) accident, or negligence, or misuse of the Software.
Excluded Causes means (i) any failures that are the result of a Force Majeure; (ii) any failures that are caused by the failure of Owner to store or handle the Centrifuge Machines in accordance with the guidelines mutually agreed upon by Owner and Contractor and set forth in a written Memorandum of Understanding; (iii) changes or modifications to parts supplied by Contractor (other than mutually agreed items as defined in Article 17.4 below); or (iv) any failures that result from a design defect.
Excluded Causes means:
(a) a defect in the manufacturer's design of the Maintained Equipment;
(b) faulty materials or workmanship in the manufacture of the Maintained Equipment;
(c) use of the Maintained Equipment with computer equipment or materials not supplied or approved in writing by the Supplier;
(d) any maintenance, alteration, modification or adjustment performed by persons other than the Supplier or its employees or agents unless approved by the Supplier in accordance with clause 4(f);
(e) the Customer or a third party moving the Maintained Equipment;
(f) the use of the Maintained Equipment in breach of any of the provisions of the agreement under which the Maintained Equipment was supplied;
(g) a failure, interruption or surge in the electrical power or its related infrastructure connected to the Maintained Equipment;
(h) a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the Maintained Equipment, or an error or omission in the correct use of that air conditioning or other environmental controls by the Customer; or
(i) the neglect or misuse of the Maintained Equipment.
Examples of Excluded Causes in a sentence
Without limiting the generality of the foregoing, Seller agrees to hold Buyer harmless from and indemnify Buyer against all Costs with respect to all Mortgage Loans relating to or arising out of any violation or alleged violation of any environmental law, rule or regulation or any consumer credit laws, including ERISA, the Truth in Lending Act, the Home Ownership and Equity Protection Act and/or the Real Estate Settlement Procedures Act, that, in each case, results from anything other than Excluded Causes.
Customer may terminate this agreement immediately in the event of an Error which has not been resolved by Paninsight within 7 days of notice by the Customer pursuant to clause 6.1 below, provided that the Error is not due to one of the Excluded Causes.
If Hawaiian requires a FMP Spare Engine as a result of one (1) or more of the Excluded Causes noted above in Section C(1)(b)(ii), Hawaiian shall pay to ▇▇▇▇▇ & ▇▇▇▇▇▇▇ the then-prevailing ▇▇▇▇▇ & Whitney daily lease rate for the FMP Spare Engine thus provided.
Breakage, Impairment, Corruption or Failure of Personal Property, only as to the peril of breakage; and • Excluded Causes of Loss or Damage, item 6.
Excluded Maintenance: any Maintenance Services required to restore any malfunctioning or failed Maintained Equipment to Good Working Order where the malfunction or failure results from or is caused by any of the Excluded Causes.
More Definitions of Excluded Causes
Excluded Causes. Means: a. a defect in the manufacturer’s design of the Supported Equipment; b. faulty materials or workmanship in the manufacture of the Supported Equipment; c. use of the Supported Equipment with computer equipment or materials not supplied or approved in writing by the Supplier; d. any maintenance, alteration, modification or adjustment of the Supported Equipment performed by persons other than the Supplier or its employees or agents, unless approved by the Supplier in accordance with Paragraph 6.1.3 of Schedule A; e. the neglect or misuse of the Supported Equipment; f. the use of the Supported Equipment in breach of any of the provisions of the agreement under which the Supported Equipment was supplied; g. a failure, interruption or surge in the electrical power or its related infrastructure connected to the Supported Equipment; h. the Customer or a third party moving the Supported Equipment; i. a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the Supported Equipment, or an error or omission in the correct use of that air conditioning or other environmental controls by the Customer; j. force majeure; k. neglect or misuse of the Supported Equipment; or l. use of Unsupported Equipment. Fault A reproducible fault which hinders or prevents the Customer from using a material part of the functionality of the Hardware or Software in question. Force Majeure Event Any circumstance not within the Supplier’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; or non-performance by suppliers or subcontractors. Good Working Order The Hardware or Goods (as the context dictates) operate in accordance with the respective operating manuals and specifications. Hardware The hardware (or part of them) which make up all or part of the Goods specified in the Quotation, and any other hardware which the parties agree in writing to be supported under this agreement. Helpdesk The platform at URL ▇▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇ (as amended from time to time) via which Support Requests may be submitted by the Customer. Initial Period The minimum initial term for which the Support Se...
Excluded Causes means (i) modification of the Fluidigm Technology by Novartis, its Affiliates or sublicensees unless Fluidigm has been notified of such modification in writing and fails to reasonably object to such modification by written notice to Novartis within sixty (60) days following such notification; (ii) the combination by Novartis, its Affiliates, its sublicensees and their respective customers of Fluidigm Technology with any product or item not provided by or on behalf of Fluidigm or any of its Affiliates unless Fluidigm has been notified of such combination in writing and fails to reasonably object to such combination by written notice to Novartis within sixty (60) days following such notification; (iii) Fluidigm’s compliance with Novartis’ specifications or designs if, prior to such compliance, Fluidigm reasonably objects to such compliance by written notice to Novartis; or (iv) any name or ▇▇▇▇ included on a Novartis Licensed Product not applied by Fluidigm (or applied at Novartis’ request). In addition, Fluidigm shall have no liability or obligation under Section 8.2 or this Section 8.3 with respect to items incorporated into Fluidigm Products at Novartis’ request (and in the manner specified by Novartis, if Novartis has specified a manner in writing), including reagents and mastermixes if, prior to such incorporation, Fluidigm reasonably objects to such incorporation by written notice to Novartis within thirty (30) days of such request (“Additional Excluded Items”).
Excluded Causes shall have the meaning ascribed to it in Section 17.2(c).
Excluded Causes has the meaning given to it in clause Clause 5.1;
Excluded Causes means: (i) a defect in the manufacturer's design of the Maintained Equipment; (ii) faulty materials or workmanship in the manufacture of the Maintained Equipment; (iii) use of the Maintained Equipment with equipment or materials not supplied or approved in writing by the Company; (iv) any maintenance, alteration, modification or adjustment performed by persons other than the Company or its employees or agents; (v) the Customer or a third party moving the Maintained Equipment; (vi) the use of the Maintained Equipment in breach of the Operating Manual or any other reasonable instructions of the Company; (vii) a failure, interruption or surge in the electrical power or its related infrastructure connected to the Maintained Equipment; (viii) a failure or malfunction in the air conditioning or other environmental controls required for the normal operation of the Maintained Equipment, or an error or omission in the correct use of that air conditioning or other environmental controls by the Customer; or (ix) the neglect or misuse of the Maintained Equipment.
Excluded Causes has the meaning set forth in Section 6.1.
Excluded Causes means any of the following: misuse, incorrect use of or damage from whatever cause (other than any act or omission by Paninsight), including failure or fluctuation of electrical power; failure by the Customer to maintain the necessary environmental conditions for use; use in combination with software which suffers a fault; any breach of the Customer's obligations under this Agreement howsoever arising; any modification not authorised by ▇▇▇▇▇▇▇▇▇▇; or operator error;