Limited Damages definition

Limited Damages has the meaning set forth in Section 11.10(c).
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Limited Damages. THE PARTIES ACKNOWLEDGE THAT WEISE IS XXXXXG SOLELY AS A THIRD PARTY MANUFACTURER AND DISTRIBUTOR OF THE NANO MASK AND THAT EFP SHALL BE SOLELY RESPONSIBLE TO WEISE AND XX XHIRD PARTIES FOR ALL LIABILITY, CLAIMS, DAMAGES, OBLIGATIONS AND COSTS AND EXPENSES RELATED TO THE NANO MASK MADE OR DISTRIBUTED BY WEISE UNDXX XXIS TERM SHEET. IN NO EVENT WILL WEISE BE XXXXXE TO EFP, CCA OR ANY THIRD PARTY FOR ANY LIABILITY, CLAIMS, OBLIGATIONS, DAMAGES, COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE, LOST BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL), OR FOR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS TERM SHEET OR THE USE OR PERFORMANCE OF ANY EFP PRODUCTS (INCLUDING THE NANO MASKS), WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT EFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS TERM SHEET IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WEISE MAKXX XX WARRANTIES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, REGARDING MERCHANTABILITY OF THE NANO MASKS AND FITNESS OF SUCH MASKS FOR A PARTICULAR PURPOSE OR USE.
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Examples of Limited Damages in a sentence

  • Limited Damages In no event shall WRI or its agents, representatives, and independent contractors be liable for any lost profits, lost use, lost benefits, or any consequential, indirect, incidental, special, or punitive damages, whether in contract, tort, or otherwise, even if WRI has been advised of the possibility of such damages.

  • Section 6(c) (Limited Damages) does not limit damages for breach of Section 4(a) (Pay Fees).

  • Section 6.3 (Limited Damages) does not limit damages for breach of Section 4.1 (Pay Fees).

  • Following any such termination, CPMC's obligation to perform, complete and/or maintain the Public Benefits shall be governed by the provisions of Section 10.4. 9.4.3 Limited Damages.

  • In this section, we perform a set of simulations to investigate the performances of the bootstrap tests.

  • Clever Argument onDamages – Defeated !John B MolloyLLB(Hons), BSc(Hons), FHKIS, FRICS FInstCES, MCIArb, MAE, RPS(QS)Managing DirectorJames R Knowles (Hong Kong) Limited Damages on construction contracts are an emotive subject, and contractors On the face of things the argument seems reasonable but is it valid?are forever endeavouring to come up with clever arguments that aim to defeat an employer's claim for damages, in the event that they are late completing the works.

  • Notwithstanding the foregoing, if any Indemnified Person is held liable to a third party (including any Government Authority) for any of such Limited Damages and the Indemnifying Person is otherwise obligated to indemnify the Indemnified Person for the matter that gave rise to such Limited Damages pursuant to this Agreement, then the Indemnifying Person shall be liable for and obligated to reimburse the Indemnified Person for such Limited Damages, subject to the other limitations in this Article VIII.

  • This alternative gives the domestic agency the independence of selling itself to an international agency offering multinational coverage and contacts.

  • Limited Damages In no event shall WRI or its agents, representatives and independent contractors be liable for any lost profits, lost use, lost benefits or any consequential, indirect, incidental, special or punitive damages, whether in contract, tort or otherwise, even if WRI has been advised of the possibility of such damages.

  • The Supreme Court Limited Damages Awarded After an Oil Spill in Exxon Shipping Co. v.

Related to Limited Damages

  • Liquidated Damages shall have the meaning set forth in Section 2(e) hereof.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Delay Liquidated Damages has the meaning set forth in Section 13.1.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Liquidated Damages Amount has the meaning set forth in Section 2(e) hereof.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Redemption Provisions Initial Redemption Date: Initial Redemption Percentage: Annual Redemption Percentage Reduction, if any: Repayment Provisions: Optional Repayment Date(s):

  • Registration Default Damages shall have the meaning set forth in Section 8 hereof.

  • Performance Liquidated Damages means any liquidated damages resulting from the Project’s performance which are required to be paid by the EPC Contractor or any other Material Project Party for or on account of any diminution to the performance of the Project.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Specific Redemption Provisions means, with respect to a Special Dividend Period either, or any combination of, (i) a period (a "Non-Call Period") determined by the Board of Directors of the Corporation, after consultation with the Auction Agent and the Broker-Dealers, during which the shares of AMPS subject to such Dividend Period shall not be subject to redemption at the option of the Corporation and (ii) a period (a "Premium Call Period"), consisting of a number of whole years and determined by the Board of Directors of the Corporation, after consultation with the Auction Agent and the Broker-Dealers, during each year of which the shares of AMPS subject to such Dividend Period shall be redeemable at the Corporation's option at a price per share equal to $25,000 plus accumulated but unpaid dividends plus a premium expressed as a percentage of $25,000, as determined by the Board of Directors of the Corporation after consultation with the Auction Agent and the Broker-Dealers.

  • Special Interest shall have the meaning assigned thereto in Section 2(c) hereof.

  • Liquidated Damages Multiplier means the product of (i) the Purchased Unit Price and (ii) the number of Registrable Securities then held by the applicable Holder and included on the applicable Registration Statement.

  • Redemption Rights means the redemption rights provided for in Section 9.2 of the SPAC Certificate of Incorporation.

  • Personal interest means a financial benefit or liability accruing to a School Board member or employee or to a member of the immediate family of the School Board member or employee. Such interest shall exist by reason of

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Actual Damages has the meaning set forth in Section 12.4(C).