Claims and Remedies. A. All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.
Claims and Remedies. This Agreement shall be governed by the laws of the State of New Jersey, both as to interpretation and performance, and any action at law, suit in equity or judicial proceeding for the enforcement or breach of this Agreement or any provision thereof shall be instituted and maintained in any State court of competent jurisdiction in the County of Xxxxxx, State of New Jersey.
Claims and Remedies. Any termination of this Contract shall not relieve either party from the payment of any sum or sums that are due and payable under this Contract or any claim for damages then or thereafter accruing under this Contract. Any such termination shall not prevent either party from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages under this Contract. All rights, options, and remedies of either party contained in this Contract or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and either party shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Contract. No waiver of a breach of any of the covenants, conditions, or restrictions of this Contract shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained in this Contract. In the event of a Bank failure causing Bank to fail to honor all of the funds deposited with it as County Depository, then in such event, County shall have all rights and duties available at law, including, without limitation, the rights and duties of a secured creditor under Chapter 9 of the Texas Business and Commerce Code.
Claims and Remedies. 7.1 Restrictions on bringing claims No party may bring any claim against a Company or Trustee for breach of this agreement without first obtaining the consent of CRG.
Claims and Remedies not subject to Limitation
Claims and Remedies. Any claim for defect or variance in quality or shortage of quantity or a warranty claim under Section 4, shall be made no later than (i) for bulk product, 48 hours after delivery of the product and (ii) for packaged product, within a reasonable time period (in no event to exceed fifteen
Claims and Remedies. Any termination of this Contract shall not relieve either party from the payment of any sum or sums that are due and payable under this Contract or any claim for damages then or thereafter accruing under this Contract. Any such termination shall not prevent either party from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages under this Contract. All rights, options, and remedies of either party contained in this Contract or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and either party shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Contract. No waiver of a breach of any of the covenants, conditions, or restrictions of this Contract shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained in this Contract.
Claims and Remedies. 1. Xxxxx’x failure to give notice of any claim within 5 days from the date of delivery will constitute an unqualified acceptance of Goods and a waiver by Buyer of all claims with respect to Goods.
Claims and Remedies. 9.1 Except in cases of gross negligence or willful misconduct, the Seller’s liability for nonconforming Products is exclusively limited, at the Seller’s option, to replacement of the defective Products or refund of the purchase price of such Products. For deliveries in excess or in shortage, the Buyer’s sole remedy shall be to take back the excess goods or to effect a new delivery at no additional cost for the Buyer. Except in cases of gross negligence or willful misconduct, the Seller’s liability for any defective or negligent service is limited to the Seller re-performing the service or a refund of an amount not to exceed the amount paid for the service, or, if the services were provided free of charge, to pay an amount not to exceed the amount paid for the Products to which the services related in the 12 months prior to the occurrence of the liability
Claims and Remedies
