Exclusions from Services Sample Clauses
The "Exclusions from Services" clause defines which tasks, deliverables, or responsibilities are not included within the scope of services provided under the agreement. In practice, this clause lists specific activities or items that the service provider will not perform, such as maintenance, support for third-party products, or work outside agreed hours. By clearly outlining these exclusions, the clause helps prevent misunderstandings and disputes by setting boundaries on the provider’s obligations and managing client expectations.
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Exclusions from Services. Except to the extent expressly assumed by Manager in Paragraphs 1(A) and 1(B) above and except to the extent required by law to be paid by the Manager, the Company shall pay all costs and expenses in connection with its operation and organization and those of the Portfolio, including:
(1) all brokers’ commissions, issue and transfer taxes, and other costs chargeable to the Company or the Portfolio in connection with securities transactions to which the Company or the Portfolio is a party or in connection with securities owned by the Company or the Portfolio;
(2) the interest on indebtedness, if any, incurred by the Company or the Portfolio;
(3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Company or the Portfolio to federal, state, county, city, or other governmental agents;
(4) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Company or the Portfolio; and
(5) any other extraordinary expense of the Company or Portfolio.
Exclusions from Services. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include, and Park Place Capital will not be responsible for, any of the following:
(1) all brokers’ commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio;
(2) the interest on indebtedness, if any, incurred by the Fund or the Portfolio;
(3) the taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents;
(4) the fees and expenses of each trustee of the Fund who is not an “interested person” thereof, as defined in Section 2(a)(19) of the Act;
(5) the expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio;
(6) the expenses, including fees and disbursements, of any legal counsel separately representing the Fund’s independent trustees; and
(7) any other extraordinary expense of the Fund or Portfolio.
Exclusions from Services. Notwithstanding the provisions of Paragraph 1(a) above, the Services shall not include, and Manager will not be responsible for, any of the following:
(1) All brokers' commissions, issue and transfer taxes, and other costs chargeable to the Fund or the Portfolio in connection with securities transactions to which the Fund or the Portfolio is a party or in connection with securities owned by the Fund or the Portfolio;
(2) The interest on indebtedness, if any, incurred by the Fund or the Portfolio;
(3) The taxes, including franchise, income, issue, transfer, business license, and other corporate fees payable by the Fund or the Portfolio to federal, state, county, city, or other governmental agents;
(4) The expenses, including fees and disbursements of counsel, in connection with litigation by or against the Fund or the Portfolio; and
(5) Any other extraordinary expense of the Fund or Portfolio.
Exclusions from Services. Notwithstanding anything in subsection (a) above to the contrary, the following services are specifically excluded from the definition of "Services":
(i) accounting services rendered to the Company by an independent accounting firm or accountant who is not an employee of the Service Provider; and
(ii) legal services rendered to the Company by an independent law firm or attorney who is not an employee of the Service Provider.
Exclusions from Services. Notwithstanding anything in the foregoing to the contrary, the following services are specifically excluded from the definition of “Services”:
Exclusions from Services. ZEISS does not have any obligation to provide Services in connection with the activities and for the equipment set forth below in this Section 2 (“Exclusions from Services”). If a ZEISS field service engineer is dispatched, and if ZEISS agrees to perform services on the excluded equipment or in connection with excluded activities under this Section 2, such services shall be considered Additional Services as defined in subsection 8 of this Agreement.
Exclusions from Services. Except as expressly provided in this Agreement or as authorized by Owner from time to time, Operator shall not:
(a) describe itself as agent or representative of Owner;
(b) pledge the credit of Owner in any way in respect of any commitments for which it has not received written authorization from Owner;
(c) make any warranty or representation relating to Owner;
(d) sell, lease, pledge, mortgage, encumber, convey, license, exchange, or make any other transfer, assignment, or disposition of the Facility or any other property or assets of Owner, other than the removal and disposal of waste material from the Site;
(e) except for Disputes between Operator and Owner arising under this Agreement, settle, compromise, assign, pledge, transfer, release, waive, or consent to the compromise, assignment, settlement, pledge, transfer, waiver, or release of, any claim, suit, debt, demand, or judgment against or due by Owner, or submit any such claim, dispute, or controversy to arbitration or judicial process, or stipulate to a judgment or consent with respect thereto;
(f) make, enter into, execute, amend, modify, or supplement any Project Contract or any other contract or agreement on behalf of, or in the name of, Owner;
(g) engage in any other transaction on behalf of, or in the name of, Owner which is not expressly permitted by this Agreement;
(h) provide administrative, financial, tax or other commercial services with respect to the business of Owner except to the extent they relate solely to the operation and maintenance of the Facility; or
(i) exercise any of the Retained Rights.
Exclusions from Services. PFSC shall have no obligation to originate, underwrite, book or service new loans once it is designated the successor servicer, nor extend credit to any Client borrower member or to Client in performance of its obligations under this Agreement. PFSC acknowledges that it is the intent of the parties that this Agreement not be deemed a “financial accommodation” for purposes of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq.
Exclusions from Services. 11.1 The Services shall not include support resulting from the following:
11.1.1 damage resulting from accident, or misuse on the part of the Customer, its employees or any third party;
11.1.2 the Customer’s failure to operate/use the Equipment/Software in accordance with relevant user instructions;
11.1.3 damage resulting from failure or fluctuation of power supply, air conditioning or humidity controls;
11.1.4 damage resulting from the attachment of equipment or software which do not form part of the Equipment, Software or Services supplied by projectfive;
11.1.5 fire, flood, war, earthquake, act of vandalism, or other similar occurrence;
11.1.6 addition, modification or adjustment to the Equipment or Software by any party other than projectfive.
11.2 The Services shall not include:
11.2.1 support for items supplied by a third party prior to the Effective Date unless projectfive have expressly agreed to take on responsibility; or
11.2.2 any services not expressly included in the description of the relevant Services as referred to in the Order.
11.3 projectfive may agree to provide services to the Customer as a result of circumstances referred to in clauses 11.1 and/or 11.2 in line with its current hourly rates as set out in an Order or as a variation to an Order.
11.4 projectfive reserves the right to refuse to provide Services in respect of any item of Equipment, which, in its reasonable opinion, is deemed to be beyond economic repair.
Exclusions from Services. 9.1 The Services do not include:
(a) the provision of spare parts, consumables (including, but not limited to paper, ribbons, print heads, laser printer drum assemblies, laser printer fuser units, laser printer toner cartridges), operating supplies or accessories;
(b) electrical work external to the machines or maintenance of accessories, alterations, attachments
(c) services performed at any time to resolve a problem known or proven to be of the Customer’s Network and which was not caused directly or indirectly by Deadline or any product supplied by Deadline;
(d) except where clause 4.2 applies, services performed outside Normal Working Hours. Such services are not included in the basic maintenance
(e) repairs or services made necessary by customer error, neglect, misuse, abuse or negligent acts, including failure by the Customer to follow Deadline’s reasonable instructions notified to th Customer and any calls or replacement of parts required as result of infection by virus, spyware, trojans and adware.
(f) maintenance required to repair damages, malfunctions or failures caused by failure of non- Evolve
(g) any other services specifically e cluded elsewhere herein.
9.2 Deadline will be under no obligation to provide Services in respect of software where the Customer is using the software in violation of any software licence in respect of such software.