Application of limits Clause Samples

The 'Application of Limits' clause defines how monetary or other specified limits apply to obligations, liabilities, or entitlements under a contract. It typically outlines whether limits apply per claim, per period, or in aggregate, and may specify exceptions or carve-outs for certain types of claims or losses. This clause ensures that all parties understand the maximum extent of liability or benefit, thereby managing risk exposure and preventing unexpected or unlimited financial responsibility.
Application of limits. The limits identified under this AA §6B-4 do not apply to the following Matching Contribution formula(s):
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Application of limits. The Employer's contribution to the Trust for any Plan Year is subject to Article IV limits and other Plan limits.
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Application of limits. The limits identified in the following subsection(s) of this AA §6B-3 □ Subsection (b) above □ Subsection (c) above do not apply to the following Matching Contribution formula(s):
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Application of limits. The Employer will not make a contribution to an Investment Arrangement for any Plan Year to the extent the contribution would exceed any Article 4 limit or other Plan limit.
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Application of limits. The limits identified in the following subsection(s) of this AA §6B-3  Subsection (b) above  Subsection (c) above do not apply to the following Matching Contribution formula(s):  (1) Discretionary match under AA §6B-2(a).  (2) Fixed match under AA §6B-2(b).  (3) Tiered match under AA §6B-2(c).  (4) Discretionary tiered match under AA §6B-2(d).  (5) Year of Service match under AA §6B-2(e).
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Application of limits. The hourly pro- ceeding and multiple suit limits set forth above represent the most ACSI will pay regardless of: (1) the total cost or expense required to prepare for or defend any covered suits, in- quiries, or related appeals; (2) the number of plaintiff's, victims, ac- cusers, or other persons or entities alleging damage, injury or loss; (3) the number of persons or entities that are the subject of lawsuit or inquiry or number of attorney or law firms representing such per- sons; (4) the number of Employment Practic- es Proceedings or Covered Student Law- suits that are filed during the Indemnity Pe- riod; (5) the number of alleged acts, omissions or incidents or exposures upon which the pro- ceeding or proceedings are based; (6) the number of indemnity agreements or length of the number of Indemnity Peri- ods, or portions thereof, during the course of which any proceeding or proceedings should transpire;
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Application of limits. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE.
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Application of limits. The liability of a party in respect of any Claim (for the purposes of this Schedule 5, the “defaulting party”) shall be limited as provided in this Schedule provided always that the provisions of this Schedule shall not apply, and nor shall any other limitation of any kind whatsoever apply, to any Claim made against a defaulting party to the extent the same is proven to have resulted from any fraudulent act, fraudulent misrepresentation or wilful misconduct by or on behalf such defaulting party.
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Application of limits. The hourly proceed- ing and multiple suit limits set forth above rep- resent the most ACSI will pay regardless of: (1) the total cost or expense required to prepare for or defend any covered suits, inquir- ies, or related appeals; (2) the number of plaintiff's, victims, accus- ers, or other persons or entities alleging dam- age, injury or loss; (3) the number of persons or entities that are the subject of lawsuit or inquiry or number of attorney or law firms representing such per- sons; (4) the number of Employment Practices Proceedings or Covered Student Lawsuits that are filed during the Indemnity Period; (5) the number of alleged acts, omissions or incidents or exposures upon which the proceed- ing or proceedings are based; (6) the number of indemnity agreements or length of the number of Indemnity Periods, or portions thereof, during the course of which any proceeding or proceedings should transpire;
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Related to Application of limits

  • 3Limitation of Liability ICANN’s aggregate monetary liability for violations of this Agreement will not exceed an amount equal to the Registry-Level Fees paid by Registry Operator to ICANN within the preceding twelve-month period pursuant to this Agreement (excluding the Variable Registry-Level Fee set forth in Section 6.3, if any). Registry Operator’s aggregate monetary liability to ICANN for breaches of this Agreement will be limited to an amount equal to the fees paid to ICANN during the preceding twelve-month period (excluding the Variable Registry-Level Fee set forth in Section 6.3, if any), and punitive and exemplary damages, if any, awarded in accordance with Section 5.2, except with respect to Registry Operator’s indemnification obligations pursuant to Section 7.1 and Section 7.2. In no event shall either party be liable for special, punitive, exemplary or consequential damages arising out of or in connection with this Agreement or the performance or nonperformance of obligations undertaken in this Agreement, except as provided in Section 5.2. Except as otherwise provided in this Agreement, neither party makes any warranty, express or implied, with respect to the services rendered by itself, its servants or agents, or the results obtained from their work, including, without limitation, any implied warranty of merchantability, non-infringement or fitness for a particular purpose.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Limitation of Liability; Jury Trial Waiver You agree that neither Homefield Energy nor any of its employees, officers, directors, affiliates, agents, or subcontractors of any type or tier (collectively, the Homefield Energy Parties) will be liable for any damages or claims of any kind or nature for matters within the control of your DSP or the retail transmission organization controlling the electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. The Homefield Energy Parties will not be responsible for any failure to commence or terminate power and energy service on the date specified herein due to any failure or delay in enrolling you with the DSP. The Homefield Energy Parties’ liability will be limited to direct actual damages only up to the amount of your single largest monthly invoice for Retail Power during the preceding 12 months. In no event will the Homefield Energy Parties be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Agreement. BOTH YOU AND HOMEFIELD ENERGY AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

  • General Limitation of Liability No claim may be made by any Credit Party, any Lender, the Administrative Agent, any LC Issuer or any other Person against the Administrative Agent, any LC Issuer, or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, the Administrative Agent and each LC Issuer hereby, to the fullest extent permitted under applicable law, waive, release and agree not to ▇▇▇ or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.

  • Disclaimers; Limitation of Liability A. NONE OF THE PROGRAM OR ANY OF THE PROGRAM BENEFITS IS AN INSURANCE POLICY OR A CONTRACT OF INSURANCE. B. USE OF THE PROGRAM AND ANY OF THE PROGRAM BENEFITS IS AT CUSTOMER’S SOLE RISK. THE PROGRAM BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. C. STAYMOBILE AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS, AND AGENTS, AND THE AUTHORIZED DEALER AND RESELLER (“STAYMOBILE ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND ANY OF THE PROGRAM BENEFITS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. D. STAYMOBILE ENTITIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED UNLESS AGREED TO IN A STATEMENT OF WORK SIGNED BY BOTH PARTIES, THAT: (i) THE PROGRAM WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS; (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER IN THE PROGRAM WILL MEET CUSTOMER’S EXPECTATIONS. E. STAYMOBILE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STAYMOBILE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAM’S DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE PURCHASER.