Limited Remedies. Sequoia acknowledges and agrees that it shall have no recourse to RRAC with respect to any Defective Mortgage Loan except as provided in Section 2(d) and Section 3 and that Sequoia’s remedies with respect to any other Defective Mortgage Loans shall be exercised with respect to the Originator of such Defective Mortgage Loan as set forth in the applicable Purchase Agreement.
Limited Remedies. If the use of any Product is permanently enjoined, or Cypress determines at its sole discretion that it may be enjoined, Cypress may, at its sole discretion and at its own expense, procure for Company the right to continue using said Product, replace same with a non-infringing product, modify it so that it becomes non- infringing, or, if Cypress is unable to reasonably do any of the above and Company is enjoined from distributing the Product, Cypress will accept its return and credit Company the sum paid to Cypress by Company for the infringing Product less depreciation calculated on a forty-eight (48) month life.
Limited Remedies. BMC’s entire liability, and Customer’s exclusive remedy, for breach of the above warranty is limited to: BMC’s use of commercially reasonable efforts to have the Product perform in substantial accordance with its Documentation, or replacement of the non-conforming Product within a reasonable period of time, or if BMC cannot have the Product perform in substantial accordance with its Documentation replace the Product within such time period, then BMC will refund the amount paid by Customer for the License for that Product. Customer’s rights and BMC's obligations in this Section are conditioned upon Customer’s providing BMC during the warranty period (a) full cooperation and access to the Product in resolving any claim; and (b) written notice addressed to the BMC Legal Department that includes notice of the claim, a complete description of the alleged defects sufficient to permit their reproduction in BMC’s development or support environment, and a specific reference to the Documentation to which such alleged defects are contrary.
Limited Remedies. If the Software or media fails to perform as warranted, your sole and exclusive remedy shall be to return the media to CAERE, postage prepaid, with a copy of the receipt. CAERE shall, at its option, (i) replace the Software or media with Software or media which conforms to the warranty, or (ii) correct the error. CAERE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CAERE OR ITS REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limited Remedies. (a) Except as otherwise set forth in the Strategic Alliance Agreement as between Teva and Impax, the Parties hereto hereby covenant and agree that the remedies provided for herein shall be the only remedies available under the law with respect to any claim among the Parties arising under this Agreement or the transactions contemplated hereby.
Limited Remedies. Notwithstanding anything to the contrary in this Agreement, the remedies described in this Section 17 shall be the sole and exclusive remedies available to any party for any Damages a party may incur. Furthermore, anything in this Agreement to the contrary notwithstanding, in no event shall any party have any liability for any consequential, incidental, lost profits, punitive or exemplary damages, howsoever caused, arising out of, or relating to this Agreement, even if such party has been advised to the possibility of any such damages or losses.
Limited Remedies. If Developer determines that a BREW Application becomes, or is likely to become, the subject of an infringement claim or action, Developer may at its sole option: (i) procure, at no cost to Carrier, the right to continue distributing such BREW Application, or portion thereof, as applicable; (ii) replace or modify the BREW Application, or portion therefor, as applicable to render it non-infringing, provided there is no material loss of functionality; or (iii) if, in Developer's reasonable opinion, neither (i) nor (ii) above are commercially feasible, (a) Carrier shall immediately remove the BREW Application from the Carrier Catalog upon Developer's written request; and (b) Developer may terminate this CDLA for such BREW Application.
Limited Remedies. If Extension Developer determines that a BREW Extension has become, or is likely to become, the subject of an infringement claim or action, Extension Developer may at its sole option: (i) procure, at no cost to Application Developer, the right to continue distributing such BREW Extension, or portion thereof, as applicable; (ii) replace or modify the BREW Extension, or portion thereof, as applicable to render it non-infringing, provided there is no material loss of functionality; or (iii) if, in Extension Developer's reasonable opinion, neither (i) nor (ii) above are commercially feasible, (a) Application Developer shall immediately remove the BREW Extension from the Carrier Catalog upon Extension Developer's written request; and (b) Extension Developer may terminate this BREW Extension License Agreement for such BREW Extension.
Limited Remedies. If the Nuance Software and/or Hosted Services becomes, or in the opinion of Nuance, is likely to become, the subject of an infringement claim or action, Nuance may, at its option and in its sole discretion, discharge its obligations under this Section 12 (Indemnification) by: (a) procuring, at no cost to Company, the right to continue using the Nuance Software and/or Hosted Services; (b) replacing or modifying the Nuance Software and/or Hosted Services to render it non-infringing, provided there is no material loss of functionality; or (c) if, in Nuance’s reasonable opinion, neither (a) nor ( b) above are commercially feasible, terminating Company’s rights to use such Nuance Software and/or Hosted Services by written notice and refunding or causing the Authorized Reseller or Distributor to refund to Company any unused fees Company may have prepaid for the infringing Hosted Services for the terminated portion of the Subscription Term.
Limited Remedies. If it is adjudicatively determined, or if Docker believes, in its sole discretion, that the Deliverables (or a portion thereof) or the Licensed Software infringe any Intellectual Property of a third party, then Docker may, subject to Customer's right to terminate under Section 10: (a) procure for Customer the rights under such third-party Intellectual Property needed for Customer to exercise all of its rights under this Agreement with respect to the Deliverables or the Licensed Software, as applicable, or (b) replace the Deliverables (or such portion thereof) or the Licensed Software, as applicable, with non-infringing suitable software with the same functionality (or better) as the infringing Deliverables or Licensed Software, as applicable, or (c) suitably modify the Deliverables or the Licensed Software, as applicable, to become non-infringing and have the same functionality or better, or (d) (i) in the case of the Licensed Software, if none of the foregoing is feasible, terminate the license granted hereunder for such Licensed Software and (ii) in the case of Deliverables, if none of the foregoing is feasible, terminate the applicable SOW and give Customer a refund or credit for the fees pre-paid by Customer for future use for the infringing Deliverables, less a reasonable allowance for the period of time Customer has used the infringing Deliverables.
