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. 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) 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.  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, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇. ▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ / Ph. ▇▇▇-▇▇▇-▇▇▇▇; Fax ▇▇▇-▇▇▇-▇▇▇▇ / ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ RETURNS & DAMAGES You can only return a product without recourse 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-stock condition. There will be a 25% restock fee applicable. Customers have up to 30 days from delivery to return their product, otherwise they will qualify only for warranty replacements, subject to the restrictions set forth herein. Customized awnings (dimensions outside of Awntech’s standard offerings) cannot be returned and will qualify only for warranty replacements, subject to the restrictions set forth herein. Damage occasionally occurs during shipping. Scrapes dents and rips in the outer packaging that could indicate possible damage should be described to the carrier at the time of delivery. If damage to the product seems apparent, the shipment should be refused. Concealed shipping damages must be reported within 5 days from the receipt of the awning.

General Provisions and Limitations. (a) Any claim for indemnification under this ARTICLE VI may include claims for potential or contingent Damages where the full amount of Damages is not then readily determinable. (b) For the sole purpose of determining the amount of any Damages with respect to any breach of any representation, warranty or covenant by either Party for purposes of indemnification under this ARTICLE VI (and not for determining whether or not any breaches of representations, warranties or covenants have occurred), any qualification or limitation of a representation, warranty or covenant by reference to materiality of matters stated therein or as to matters having or not having “Material Adverse Effect,” “materiality” or words of similar effect, shall be disregarded. (c) Notwithstanding anything herein to the contrary, no Party shall be entitled to reimbursement under any provision of this Agreement for any amount to the extent such Party has previously been reimbursed for such amount under any other provision of this Agreement or any claim, recovery, settlement, or payment by or against any other Person. (d) From and after the delivery of a notice of a claim for indemnification under this ARTICLE VI, the Buyer and the Seller shall reasonably cooperate with and grant the other Party and their respective Representatives reasonable access, during normal business hours, to the books, records, personnel and properties of such Party to the extent reasonably related to such claim. Notwithstanding the foregoing, no Party shall have any obligation under this Section 6.4(d) to make available any information if making such information available would (i) jeopardize any attorney-client privilege, or (ii) contravene any applicable Law, fiduciary duty or binding agreement (including any confidentiality agreement to which such Party is a party) (it being understood that each Party shall cooperate in any reasonable efforts and requests for waivers that would enable otherwise required disclosure to occur without contravening such Law, duty or agreement). (e) Subject to the terms and conditions set forth herein, the Buyer’s decision to discontinue or delay the development or commercialization of the Products for any reason post-Closing shall not impact the Seller’s right to the Holdback Amount or the Buyer’s obligation to make such payment pursuant to Section 6.7 and the Buyer shall not have a claim for indemnification or Damages pursuant to this Agreement solely due to such discontinuation or d...

General Provisions and Limitations. THESE LIMITED WARRANTIES ARE SUBJECT TO THE FOLLOWING PROVISIONS AND LIMITATIONS: These limited warranties are effective only if the Tile, Boral Steel or Inspire has been properly stored, handled and maintained in accordance with Seller’s written instructions and packaging literature. Seller shall have no liability for, and these limited warranties do not apply to: (i) Damage to the interior or exterior of the structure or to any property damage or personal injury; (ii) Damage to Tile, Boral Steel or Inspire caused by lightning, hurricane, tornado, fire, earthquake, and impact of foreign objects, or damage due to settlement, distortion, failure or cracking of the roof walls or foundations of the structure to which it is applied; or any defect or failure of material used as a base over which Tile, Boral Steel or Inspire is installed, or damage by abusive traffic on the roof; or damage from any cause other than a manufacturing defect. (iii) Defects or damages resulting from or connected with misuse, abuse, improper installation, lack of normal maintenance, attachments or other causes beyond Seller’s control.

General Provisions and Limitations. ‌ This MOU is a voluntary agreement that expresses the good-faith intentions of the Parties, is not intended to be legally binding, does not create any contractual or fiscal obligations, and is not enforceable by any party. It does not create any right or benefit, substantive or procedural, enforceable by law or equity, by any party, against the Parties, their officers or employees, or any other person. This MOU does not direct or apply to any person outside of the Parties. All commitments made by the Parties in this MOU are subject to the availability of appropriated funds and budget priorities. Nothing in this MOU, in and of itself, obligates the Parties to expend appropriations or to enter into any contract, assistance agreement, interagency agreement, or incur other financial obligations. Any transaction involving transfers of funds between the Parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures under separate written agreements.