IN NO EVENT SHALL SERVICE Sample Clauses

IN NO EVENT SHALL SERVICE. PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
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IN NO EVENT SHALL SERVICE. PROVIDER BE LIABLE TO THE CITY FOR ANY LOST PROFITS OR FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS), IN CONNECTION WITH THE SOFTWARE SERVICES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SERVICE PROVIDER’S cumulative liability to the CITY or any other party for damages for any cause whatsoever arising in relation to the Software Services will be limited to no more than the Subscription and Services Fees paid under this Agreement in the six (6) month period prior to the applicable claim. For the avoidance of doubt, Transportation Operations Provider’s liability in respect of any transportation, vehicular or driver-related claims brought against the CITY by third parties will not be subject to the foregoing caps and exclusions and will instead by capped at the levels of the required insurance.

Related to IN NO EVENT SHALL SERVICE

  • Cost of Metering The Issuer shall not be obligated to pay any costs associated with the routine metering duties set forth in this Section 2, including the costs of installing, replacing and maintaining meters, nor shall the Issuer be entitled to any credit against the Servicing Fee for any cost savings realized by the Servicer as a result of new metering and/or billing technologies.

  • Warranty Service In Home Danby Products Limited PO Box 1778, Guelph, Ontario, Canada N1H 6Z9 Telephone: (000) 000-0000 FAX: (000) 000-0000 0-000-000-0000 04/17 Danby Products Inc. PO Box 669, Findlay, Ohio, U.S.A. 45840 Telephone: (000) 000-0000 FAX: (000) 000-0000 LIMITED IN-HOME APPLIANCE WARRANTY This quality product is warranted to be free from manufacturer’s defects in material and workmanship, provided that the unit is used under the normal operating conditions intended by the manufacturer. This warranty is available only to the person to whom the unit was originally sold by Danby Products Limited (Canada) or Danby Products Inc. (U.S.A.) (hereafter “Danby”) or by an authorized distributor of Danby, and is non-transferable. TERMS OF WARRANTY Plastic parts, are warranted for thirty (30) days only from purchase date, with no extensions provided. First Year During the first twelve (12) months, any functional parts of this product found to be defective, will be repaired or replaced, at warrantor’s option, at no charge to the ORIGINAL purchaser. To obtain Danby reserves the right to limit the boundaries of “In Home Service” to the proximity of an Authorized Service Depot. Any app liance Service requiring service outside the limited boundaries of “In Home Service” , it will be the consumer’s responsibility to transport the appliance (at their own expense) to the original retailer (point of purchase) or a service depot for repair. See “Boundaries of In Home Serv ice” below. Contact your dealer from whom your unit was purchased, or contact your nearest authorized Danby service depot, where service must be performed by a qualified service technician. If service is performed on the units by anyone other than an authorized service depot, or the unit is used for commercial appli cation, all obligations of Danby under this warranty shall be void. Boundaries of If the appliance is installed in a location that is 100 kilometers (62 miles) or more from the nearest service center your unit must be In Home Service delivered to the nearest authorized Danby Service Depot, as service must only be performed by a technician qualified and certif ied for warranty service by Danby. Transportation charges to and from the service location are not protected by this warranty and are t he responsibility of the purchaser. Nothing within this warranty shall imply that Xxxxx will be responsible or liable for any spoilage or damage to food or other c ontents of this appliance, whether due to any defect of the appliance, or its use, whether proper or improper.

  • Remittance Processing Services In order to provide a means of collection of the Receivables which will allow the Trustee to receive the proceeds of the Receivables and related security without AmeriCredit or its Affiliates having access to the funds, the parties hereto agree for the benefit of the Trustee that the processing services (the “Service(s)”) of Processor will be used for the collection and the deposit of remittances related to the Receivables and related security.

  • Electrical Service Electrical service for new construction or a renovated existing building shall be 480/277-volt, 3-phase, 4-wire or approved equal. Service shall be sized for HVAC and other mechanical system(s) loads, lighting, general building services, and dedicated computer based office equipment loads. 5 xxxxx per square foot shall be provided for lighting and general service receptacles. Size of neutral conductor of 3- phase circuits shall be twice that of phase conductor to accommodate potential harmonic currents associated with computer system electronic power supplies and fluorescent lighting fixtures electronic ballasts. An adequately sized 3 phase “wye” wound step down transformer shall be provided to supply 208/120-volt, 3 phase power, for lighting, general service receptacles and dedicated computer based office equipment. Dedicated, isolated ground circuits shall be supplied from separate isolated ground power distribution panel(s). Lighting circuits shall be supplied from separate lighting panel(s). Panels shall have 20% spare capacity and be complete with 10% spare breakers of each size, but no less than 1 spare. No more than 4 duplex receptacles shall be connected to any single 20-amp dedicated isolated ground circuit or general service circuit.

  • Distribution Services The Distributor shall sell and repurchase Shares as set forth below, subject to the registration requirements of the 1933 Act and the rules and regulations thereunder, and the laws governing the sale of securities in the various states ("Blue Sky Laws"):

  • Description of Accounting Services on a Continuous Basis PFPC will perform the following accounting services with respect to each Portfolio:

  • Janitorial Service Landlord shall not be obligated to provide any janitorial services to the Premises or replace any light bulbs, lamps, starters and ballasts for lighting fixtures within the Premises. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for (i) performing all janitorial services, trash removal and other cleaning of the Premises, and (ii) replacement of all light bulbs, lamps, starters and ballasts for lighting fixtures within the Premises, all as appropriate to maintain the Premises in a first-class manner consistent with the first-class nature of the Building and Project. Such services to be provided by Tenant shall be performed by contractors and pursuant to service contracts approved by Landlord. Tenant shall deposit trash as reasonably required in the area designated by Landlord from time to time. All trash containers must be covered and stored in a manner to prevent the emanation of odors into the Premises or the Project. Landlord shall have the right to inspect the Premises upon reasonable notice to Tenant and to require Tenant to provide additional cleaning, if necessary. In the event Tenant shall fail to provide any of the services described in this Section 6.6 to be performed by Tenant within five (5) days after notice from Landlord, which notice shall not be required in the event of an emergency, Landlord shall have the right to provide such services and any charge or cost incurred by Landlord in connection therewith shall be deemed Additional Rent due and payable by Tenant upon receipt by Tenant of a written statement of cost from Landlord.

  • Mail Service Interruption If by reason of any interruption of mail service, actual or threatened, any notice to be given to the Trustee would reasonably be unlikely to reach its destination by the time notice by mail is deemed to have been given pursuant to Section 13.3, such notice shall be valid and effective only if delivered at the appropriate address in accordance with Section 13.3.

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