Limitations on Remedy Sample Clauses

Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, all actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
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Limitations on Remedy. Except for actions and claims related to a party’s indemnification obligations, neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.
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Limitations on Remedy. All actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
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Limitations on Remedy. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAPID BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS, SUSTAINED BY LICENSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT, CAUSED BY OR RELATED TO THE SOFTWARE OR DOCUMENTATION, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT RAPID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SET FORTH IN THE TERMS, TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL RAPID’S AGGREGATE LIABILITY TO LICENSEE FOR DAMAGES OF ANY TYPE ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING THIS AGREEMENT) EXCEED THE AMOUNT ACTUALLY PAID BY LICENSEE FOR PRODUCTS HEREUNDER. RAPID SHALL HAVE NO LIABILITY WHATSOEVER, AND DISCLAIMS ALL LIABILITIES, UNDER THIS AGREEMENT WITH RESPECT TO THE SOFTWARE.
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Limitations on Remedy. The amount of any Losses for which indemnification is provided to a party under this Article X shall be reduced to take account of any net tax benefit and shall be increased to take account of any net tax detriment realized by such party which arises from the incurrence or payment of any such Losses or from the receipt of any such indemnification payment and shall be reduced by the insurance proceeds received and any other amount recovered, if any, by the Indemnified Party (or its Affiliates) with respect to any Losses. If any Indemnified Party (or its Affiliates) shall have received any payment pursuant to this Article X with respect to any Loss and shall subsequently have received insurance proceeds or other amounts with respect to such Loss, then such Indemnified Party (or its Affiliates) shall promptly pay over to the Indemnifying Party the amount so recovered (after deducting the amount of the expenses incurred by it in procuring such recovery), but not in excess of the amount previously so paid by the Indemnifying Party. The sole and exclusive remedies of any party to this Agreement for any claim hereunder against any other party hereto shall be the indemnification provided in this Article X or elsewhere in this Agreement, and each party agrees that it will not pursue any other remedy with respect thereto, except with respect to claims arising pursuant to Section 9.2 or except for any remedies contemplated under Article XI hereof. All indemnification payments made under this Article X shall be treated for tax purposes as adjustments to the Purchase Price. In the event that one party shall be obligated to indemnify an Indemnified Person pursuant to this Article X, the Indemnifying Party shall, upon payment of such indemnity in full, be subrogated to all rights of the Indemnified Person with respect to such loss.
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Limitations on Remedy. Except for claims or other matters relating to Working Capital, any Stockholders Limitation Exception, any Parent Limitation Exception or the Escrow Agreement or Escrow Fund Amount (including asserting rights thereto), the remedies provided for in this Article VII (and as limited by this Article VII) shall be the sole basis for making a claim for damages against any party to this Agreement with respect to matters for which indemnification is available under Section 7.2 or Section 7.3. However, neither this limitation nor any other provision of this Article VII is intended to or will be construed to limit any party’s ability to obtain specific performance with respect to any obligation of the other party or parties and each party to this Agreement shall be entitled to specifically enforce the obligations of each other party in this Agreement to the maximum extent permitted by Law.
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Limitations on Remedy. To obtain remedies under HOC’s warranty Customer must (i) give prompt written notice to HOC, of warranty defect or nonconformance and identify the Product for which notice is given, and (ii) return all Products claimed to be defective or nonconforming to HOC, FOB HOC’s Plant, promptly after such notice, but in no event later than thirty (30) days after such notice has been given.
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Related to Limitations on Remedy

  • Limitation on Remedies In addition to any other limitation on remedies or limitations of liability set forth in our Terms of Service or in applicable law or regulations, the Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure, including failure caused by the loss of power; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; (e) equipment or facility shortage; (f) equipment or facility relocation; (g) any act or omission by you or any person using your Service; (h) theft, fraud or abuse of Service; or (i) any other cause that is beyond the Company’s reasonable control. THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE OR FACILITIES, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • Limitations on Recourse (a) Subject to the qualifications set forth in this Section, neither Maker nor Guarantor nor any partner, member, shareholder, officer or director of either of them shall be personally liable either at law or in equity for the repayment of the Debt or the failure of performance of any other obligation evidenced by this Note or contained in the Deed of Trust or the Other Security Documents, and Payee will satisfy any judgments, orders or decrees on account of the failure to repay such Debt and/or the failure to perform any such obligation, from the Property and any other real or personal property, tangible or intangible, as Maker, Guarantor or any other entity shall have pledged or assigned to secure this Note by any of the Loan Documents, except that Payee may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Payee to enforce and realize upon this Note, the Deed of Trust, the Other Security Documents, and the interests in the Property and any other collateral given to Payee pursuant to the Deed of Trust and the Other Security Documents; provided, however, that, except as specifically provided in this Section, any judgment in any such action or proceeding shall be enforceable against Maker only to the extent of Maker’s interest in the Property and in any other collateral given to Payee. Xxxxx, by accepting this Note, the Deed of Trust and the Other Security Documents, agrees that it shall not sue for, seek or demand any deficiency judgment against Maker in any such action or proceeding, under, by reason of or in connection with the Deed of Trust, the Other Security Documents or this Note. The provisions of this Section shall not, however: (i) constitute a waiver, release or impairment of any obligation evidenced or secured by the Deed of Trust, the Environmental Agreement, the Guaranty or the Other Security Documents or this Note; (ii) impair the right of Payee to name Maker as a party defendant in any action or suit for foreclosure and sale under the Deed of Trust; (iii) affect the validity or enforceability of any guaranty or indemnity made in connection with the Deed of Trust, this Note or the Other Security Documents; (iv) impair the right of Payee to obtain the appointment of a receiver; (v) impair the right of Payee to bring suit with respect to fraud or misrepresentation by Maker in connection with the Deed of Trust, this Note, the Environmental Agreement, the Guaranty or the Other Security Documents; (vi) affect the validity or enforceability of the Environmental Agreement or limit the liability of Maker or Guarantor thereunder; or (vii) affect the validity or enforceability of the Guaranty or limit the liability of Guarantor thereunder.

  • Limitations on Damages Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.

  • Limitations on Use No part of the moneys delivered to the Recipient pursuant to Section II hereof is being or will be used to refinance, retire, redeem, or otherwise pay debt service on all or any part of any part of any governmental obligations regardless of whether the interest on such obligations is or was excluded from gross income for federal income tax purposes unless prior approval by the Director is given.

  • Certain Remedies If any Event of Default shall have occurred and be continuing:

  • Limitations on Liability The Custodian shall not be liable for any loss, claim, damage or other liability arising from the following causes:

  • Limitations on Duties and Exculpation and Indemnification, of Securities Intermediary.

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Limitations on Claims In addition to the limitations on indemnification set forth in Section 9(a) above, the Employer shall not be obligated pursuant to this Agreement:

  • No Limitation on Remedies The Company’s right to recover Restricted Stock or issued shares pursuant to this Section 7 shall be in addition to, and not in lieu of, actions the Company may take to remedy or discipline a Participant’s misconduct including, but not limited to, termination of employment or initiation of a legal action for breach of fiduciary duty.

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