DEFAULT AND REMEDIES; LIQUIDATED DAMAGES AND LIMITATION OF LIABILITY Sample Clauses

DEFAULT AND REMEDIES; LIQUIDATED DAMAGES AND LIMITATION OF LIABILITY. 66 12.1 Maintenance Contractor Defaults 66 12.2 Notice and Opportunity to Cure 67 12.3 TxDOT Remedies 68 12.4 Liquidated Damages 72 12.5 Right to Stop Performance for Failure by TxDOT to Make Undisputed Payment 74 12.6 Limitation of Liability For Consequential Damages 74 12.7 Limitation of Maintenance Contractor’s Liability 75 SECTION 13. SUSPENSION 76 13.1 Suspensions for Convenience 76 13.2 Suspensions for Cause 76 13.3 Responsibilities of Maintenance Contractor During Suspension Periods 76 SECTION 14. TERMINATION FOR CONVENIENCE 77 14.1 Termination for Convenience 77 14.2 Termination Closing 77 14.3 Maintenance Contractor’s Responsibilities After Receipt of a Notice of Termination 77 14.4 Disposition of Subcontracts 78 14.5 Settlement Proposal 79 14.6 Amount of Negotiated Termination Settlement Amount 79 14.7 No Agreement as to Amount of Termination Settlement 80 14.8 Reduction in Amount of Claim 81 14.9 Termination Based on Failure to Issue Maintenance NTP1 81 14.10 Payment 82 14.11 No Consequential Damages 82 14.12 No Waiver 82 14.13 Dispute Resolution 82 14.14 Allowability of Costs 82 SECTION 15. INDEMNIFICATION; RELEASES 83 15.1 Indemnification by Maintenance Contractor 83 15.2 Restrictions 84 15.3 Employee Claims 85 15.4 Right to Rely 85 15.5 CERCLA Agreement 85 15.6 No Effect on Other Rights 85 15.7 No Relief from Responsibility 85 15.8 Third Parties Definition 85 15.9 Defense and Indemnification Procedures 86 SECTION 16. PARTNERING AND DISPUTE RESOLUTION 89 16.1 General Dispute Resolution Provisions 89 16.2 Partnering 89 16.3 Dispute Resolution Procedures 89
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DEFAULT AND REMEDIES; LIQUIDATED DAMAGES AND LIMITATION OF LIABILITY 
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Related to DEFAULT AND REMEDIES; LIQUIDATED DAMAGES AND LIMITATION OF LIABILITY

  • Tenant’s Remedies/Limitation of Liability Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within 30 days after written notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of 30 days, then after such period of time as is reasonably necessary). Upon any default by Landlord, Tenant shall give notice by registered or certified mail to any Holder of a Mortgage covering the Premises and to any landlord of any lease of property in or on which the Premises are located and Tenant shall offer such Holder and/or landlord a reasonable opportunity to cure the default, including time to obtain possession of the Project by power of sale or a judicial action if such should prove necessary to effect a cure; provided Landlord shall have furnished to Tenant in writing the names and addresses of all such persons who are to receive such notices. All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may not terminate this Lease for breach of Landlord’s obligations hereunder. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term “Landlord” in this Lease shall mean only the owner for the time being of the Premises. Upon the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Term upon each new owner for the duration of such owner’s ownership.

  • Limitation of Remedies and Damages 8.1 Liability Cap. EXCEPT WITH RESPECT TO: (A) EITHER PARTY'S OBLIGATIONS UNDER SECTION 9 8.2 EXCEPT FOR CUSTOMER’S INFRINGEMENT OF SYSDIG’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY, OR SYSDIG’S AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitations Fair and Reasonable. EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES UNDER THIS AGREEMENT, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SIGNIFICANTLY DIFFERENT.

  • 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.