General Provisions and Limitations Sample Clauses

General Provisions and Limitations. All insurance policies shall be subject to and, where applicable, shall contain the following provisions and limitations:

General Provisions and Limitations. County-Supplied Dust Control is not available for privately owned roads or driveways, nor within undeveloped public road allowances. To facilitate road maintenance activities, Wheatland County may extend dust control application lengths to eliminate small gaps of untreated roadway between adjacent dust control applications. Where this is done for Purchased Dust Control applications, this will be completed at no additional cost to the applicant. The following general limitations apply to all Dust Control applications on Local Roadways and Local Provincial Highways: • Dust Control products applied to roads are intended to help suppress the formation of air-borne dust originating from the road surface, but they do not eliminate the formation of all air-borne dust. Wheatland County does not guarantee the dust- mitigating effectiveness of any dust control products or applications. • Wheatland County will perform work on or within any roadway, as needed, to maintain roadway safety, integrity, and drainage. This includes locations where dust control has been or is scheduled to be applied. Work may include, but may not be limited to, grading, ripping, pulverizing, reclaiming, and/or repacking of the roadway. • If a road section, for which Spray-Applied Dust Control was previously applied, becomes rough, or wash boarding occurs, at any time after application, it will be graded along with the adjoining roadway without the reapplication of the dust control product, except that the Purchased Dust Control warranty provisions provided in this Policy still apply within the specified warranty period. • Applications of Spray-Applied dust suppression generally lose much of their effectiveness during the months following initial application. Any section of Local Roadway on which Spray-Applied dust control product was applied will be graded routinely, along with the adjoining roadway, after November 1st of any given year. • Wheatland County does not manage or maintain Local Provincial Highways. All applications of County-Supplied Dust Control, including Purchased Dust Control, on Local Provincial Highways are subject to the approval of, and any action by, the Provincial Road Authority.

General Provisions and Limitations. A. Teachers are entitled to the benefit in place when notice is given even if a new incentive is negotiated by the time of retirement. B. Teachers who have given notice of retirement under this Article shall have the right to refuse a building transfer for their last two (2) years of employment in the District.

General Provisions and Limitations. (a) Each Indemnified Party shall take, and cause its Affiliates to take, all reasonable steps to mitigate any Damages upon becoming aware of any event or circumstance that would be reasonably expected to, or does, give rise thereto, including incurring costs only to the minimum extent necessary to remedy the breach that gives rise to such Damages. (b) In no event shall any Indemnifying Party be liable to any Indemnified Party under this ARTICLE VI for any punitive damages relating to the breach or alleged breach of this Agreement. (c) Notwithstanding anything herein to the contrary, no Indemnified Party shall be entitled to reimbursement under any provision of this Agreement for, and any claims for Damages shall be reduced by, any amount to the extent such Indemnified Party has previously been reimbursed for such amount under any other provision of this Agreement, from insurance proceeds or from any other source including any claim, recovery, settlement, or payment from any other Person. (d) No amounts shall be payable with respect to any Damages until such Damages have been actually paid, sustained or incurred by the Indemnified Party, as applicable, or determined by a final, nonappealable order, judgment or decree of any court of competent jurisdiction.

General Provisions and Limitations. ‌ A. Teachers are entitled to the benefit in place when notice is given even if a new incentive is negotiated by the time of retirement. B. If the Board is obligated to pay a penalty/additional contribution to the Teachers’ Retirement System of $4,000.00 or more, because a retiree’s creditable earnings for any year used to determine final average salary for retirement purposes exceeded 6% of the prior year’s creditable earnings, the retiree shall not be eligible for the benefit described in Section 15.

General Provisions and Limitations. (a) Subject to Section 8.7(d), all indemnification payments to be made by an Indemnifying Party shall be made without withholding of or deduction for or on account of any present or future Taxes, unless such deduction or withholding is required by applicable law. If the Indemnifying Party is so required to withhold or deduct, then the Indemnifying Party shall pay to the Indemnified Party such additional amount as will result in the Indemnified Party receiving, after such withholding or deduction, the amount which would otherwise have been received by it in respect of such payment if no such Taxes had been imposed. (b) Subject to Section 8.7(d), if and to the extent that any sums payable to the Indemnified Party by the Indemnifying Party pursuant to a direct Claim prove to be insufficient, by reason of any Taxes suffered thereon, to compensate fully the Indemnified Party for the damages suffered by it, the Indemnifying Party shall pay to the Indemnified Party such additional sum as (after taking into account any taxation suffered by the Indemnified Party thereon) shall be required to make up the relevant deficit. If and to the extent that any sums payable to the Indemnified Party by the Indemnifying Party pursuant to a third party Claim prove to be insufficient, by reason of any Taxes suffered thereon, for the Indemnified Party to discharge the corresponding liability to the Person or Authority having made such third party Claim (~'Third Party"), or to reimburse the Indemnified Party for the cost incurred by it in discharging the corresponding liability to a Third Party, the Indemnifying Party shall pay to the Indemnified Party such additional sum as (after taking into account any Tax suffered by the Indemnified Party thereon) shall be required to make up the relevant deficit. (c) Subject to Section 8.7(d), if and to the extent that any sums constituting (directly or indirectly) an indemnity to the Indemnified Party but paid by the Indemnifying Party to any Third Party shall be treated as taxable in the hands of the Indemnified Party, the Indemnifying Party shall pay to the Indemnified Party such sum as (after taking into account any Tax suffered by the Indemnified Party on the compensating sum) shall reimburse the Indemnified Party for any Taxes suffered by it in respect of the first-mentioned sum. (d) Any payment by or on behalf of Buyer or by or on behalf of Seller under this Article 8 will be treated as an adjustment to the Purchase Price; provided, how...

General Provisions and Limitations. The warranty granted herein is the exclusive remedy for the purchaser. Awntech Corporation makes no other warranties to the purchaser, express, statutory, implied or otherwise and all implied warranties, including without limitations, implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. •To the extent permitted by law, Awntech Corporation shall have no liability to the purchaser or any other person for incidental, special, consequential, indirect or similar damages of any kind or nature whatsoever, whether arising out of breach of warranty or other breach of contract, negligence or other tort, or otherwise, even if Awntech Corporation shall have been advised of the possibility or likelihood of such potential loss or damage. In no event shall Awntech Corporation be liable for loss of profits and/or wages. •Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. •This warranty gives you specific rights, and you may have other rights, which vary from state to state. Awntech Corporation, 00000 X. Xxxxxxxx Xx., Xxxx. 0, Xxxxxx, XX 00000 / Ph 000-000-0000; Fax 000-000-0000 / Xxxxxxxx@xxxxxxx.xxx RETURN QUALIFICATION: You can only return a product if it is defective upon arrival. If you simply do not like the product or if you did not measure correctly, you will only be qualified for a merchandise credit and you will be required to pay for shipping the product back to Awntech in re-stockable condition. There will be a 25% restock fee applicable. SIZES 10’ and LARGER or CUSTOM AWNINGS: Any awnings 10’ or larger or customized at Purchaser’s request are considered non-returnable for either refund or exchange.

General Provisions and Limitations. ‌ 1. THE WARRANTY GRANTED HEREIN IS THE EXCLUSIVE REMEDY FOR THE PURCHASER. AWNTECH CORPORATION MAKES NO OTHER WARRANTIES TO THE PURCHASER, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 2. TO THE EXTENT PERMITTED BY LAW, AWNTECH CORPORATION SHALL HAVE NO LIABILITY TO THE PURCHASER OR ANY OTHER PERSON FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING OUT OF BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, EVEN IF AWNTECH CORPORATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH POTENTIAL LOSS OR DAMAGE. IN NO EVENT SHALL AWNTECH CORPORATION BE LIABLE FOR LOSS OF PROFITS AND/OR WAGES. 3. Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. 4. This warranty gives you specific rights, and you may have other rights, which vary from state to state.

General Provisions and Limitations. All other provisions in this Section 7 notwithstanding, any GCM's and Xxxxx'x obligations to make indemnification payments to the Investor shall be subject to all of the following limitations: (a) No claim shall be made under Section 7 unless the aggregate amount of the claim exceeds US$100,000 (One Hundred Thousand Dollars), and only for the portion in excess of said amount. (b) No claim shall be made under section 7 for consequential or punitive damages. (c) The limitations set forth in this section 7 shall not apply to Claims arising out of fraud by any party. (d) The obligations of GCM and Xxxxx to indemnify LIV and/or the Investor shall not exceed individually or in the aggregate the amount actually contributed by the Investor and/or LIV to the Company pursuant to this Agreement, less US$100,000.