Limitation Provisions definition

Limitation Provisions means the qualifications and limitations set forth in Clauses , of the Acquisition Agreement.

Limitation Provisions means the qualifications and limitations set forth in

Limitation Provisions means any deductible, dollar cap, dollar basket, dollar threshold, time limitation, survival (or non-survival) period, several liability, procedure or any other restriction or limitation imposed by the Agreement that limits recovery against the Sellers for a Breach, Third Party Demand or with respect to the Tax Indemnity, including, for the avoidance of doubt, Section 12 of the Agreement. Limit of Liability means the Limit of Liability stated in Item 4 of the Declarations. Loss has the meaning attributed to it in Clause 3 of this Policy.

Examples of Limitation Provisions in a sentence

• Payment Limitation Provisions............................................................................

• Coverage DOES APPLY to injury arising out of all podiatric surgical procedures performed on the human foot and all of the services covered in Limitation Provisions One and Two.

• The Lockout and Plaintiffs’ claims related thereto are(continued...)to Plaintiffs’ position that Defendants’ actions and omissions caused Plaintiffs to lose the ability to recover punitive damages from Centex in fraud claims, this Court ruled the Limitation Provisions would not have precluded such recovery from Centex, but attorneys cannot be held liable for lost punitive damages in a legal malpractice claim.

• Plaintiffs’ argument that this Court should not have conducted an unconscionability analysis is therefore rejected.Plaintiffs also contend this Court committed clear error in: its procedural unconscionability analysis because this Court failed to recognize Plaintiffs lacked meaningful choice in the Limitation Provisions; and its substantive unconscionabilityanalysis because this Court failed to recognize the Limitation Provisions were unreasonably favorable to Centex.

• The issue of whether the Limitation Provisions were unconscionable requires an analysis of Plaintiffs’ specific circumstances.

• Thus, the Limitation Provisions do not precluded recovery if Plaintiffs can establish that, but for Defendants’ legal malpractice and/or breach of fiduciary duty, Plaintiffs would have: 1) prevailed on UDAP claims against Centex; and 2) proven those claims by establishing Centex engaged in reckless or intentional conduct.

• Plaintiffs first argue this Court committed clear error in conducting an unconscionability analysis of the Limitation Provisions because unconscionability is a contract defense, and Plaintiffs never asserted the Limitation Provisions in the Sales Contracts were unconscionable.

• Further, Plaintiffs acknowledged each page of the Sales Contracts, including the pages with the Limitation Provisions.

• Mr Hamilton rang Mr Hennebury (still in the US) to say that Mr Macdowell was asking for his cheque; but he had not produced the documents required so he advised that he should not give him the cheque.

• In particular, this Court ruled Plaintiffs knowingly and willingly entered into the limitation of liability provisions in their sales contracts with Centex (the “Limitation Provisions” and the “Sales Contracts”), and the Limitation Provisions were not unconscionable.1 [Id. at 39-40, 47.] Thus, the Limitation Provisions are enforceable and would have precluded Plaintiffs from seeking treble damages from Centex in a UDAP claim.

More Definitions of Limitation Provisions

Limitation Provisions means clauses of the Acquisition Agreement as mentioned in Policy Schedule.

Limitation Provisions means the qualifications and limitations set forth in Clauses , of the Acquisition Agreement.[drafting note; i nclude limitation provisions in the Sale Agreement which are intended NOT to a pply under this policy eg maximum and minimum amounts, time limits, W&I I nsurance, procedures for dealing with claims, etc.]