Limitation/other Sample Clauses

Limitation/other. 8.1 Claims for subsequent performance on the part of the user shall lapse one year after the time at which the user gained cogni-zance of the respective defect for the first time or would have gained such cognizance had there been no gross negligence. Reductions in sta- tutory limitation periods do not apply to damage to life, limb or health or to other damages caused by gross negli-gence or intent on the part of CGM ▇▇▇▇▇. 8.2 Transfer by the user to third parties of rights and duties aris-ing from the present agreement shall require the written consent of CGM ▇▇▇▇▇. CGM ▇▇▇▇▇ is is entitled to cede claims arising from the agreements for financing purposes. 8.3 No verbal side agreements to the agreements have been made. Amendments to the present agreement and to provisions regar- ding notice of termination shall require the written form unless the parties have agreed differently on an individual case basis. 8.4 Legal relations between the contractual parties are governed by the law of the Federal Republic of Germany. The UN Conven-tion on Contracts for the International Sale of Goods (CISG) shall be excluded. 8.5 If the user is a dispensing chemist or a Registered Trader as defi- ▇▇▇ pursuant to §§ 1 ff. German Commercial Code, HGB, exclusive place of jurisdiction for all legal disputes arising from the agree- ments contained within the present General Business Conditions shall be Koblenz. I. Hardware and software purchasing contracts 1. Purchase of hardware 1.1 CGM ▇▇▇▇▇ sells to the user the objects described in further detail on the order form or technically equivalent objects. Delivery shall provisionally take place in the calendar week stated on the order form to the address stated by the user. 1.2 CGM ▇▇▇▇▇ shall install the equipment directly after arrival at the installation site and following consultation with the user. The user is responsible for ensuring that the necessary prerequisites for ins- tallation are met (sufficiently stable power supply, specially secured circuit, proper installation of other systems and equip-ment, in par- ticular network cabling, etc.).
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Related to Limitation/other

  • LIMITATION OF OTHER DAMAGES Notwithstanding anything contained in this Agreement to the contrary, in the event of default or breach of this Agreement by the Applicant, the District’s damages for such a default shall under no circumstances exceed the amounts calculated under Section 9.4. In addition, the District’s sole right of equitable relief under this Agreement shall be its right to terminate this Agreement. The Parties further agree that the limitation of damages and remedies set forth in this Section 9.5 shall be the sole and exclusive remedies available to the District, whether at law or under principles of equity.

  • Limitation on Rights of Others Except for Sections 2.6, 7.2 and 11.1, this Agreement is solely for the benefit of the Owner Trustee, the Depositor, the Administrator, the Servicer, the holder of the Residual Interest and the Indenture Trustee and the Secured Parties. Nothing in this Agreement (other than Section 2.6), will give to any other Person any legal or equitable right, remedy or claim in the Trust Property or under this Agreement.

  • Limitation on Claims No claim seeking an adjustment in the billing for any service, transaction, or charge under this Agreement, including any of the appendices, schedules or attachments to this Agreement, may be asserted with respect to a week or month, if more than one year has elapsed (a) since the first date upon which an invoice was rendered for that week or month, or (b) since the date upon which a changed or modified invoice was rendered for that week or month. The Party responsible for issuing an invoice may not, of its own initiative, issue a changed or modified invoice if more than one year has elapsed since the first date upon which an invoice was rendered for a week or month. A changed or modified invoice may be issued more than one year after the first date upon which an invoice was rendered for a week or month in order to correct for or address a timely-raised claim seeking an adjustment in the billing for any service, transaction, or charge under this Agreement.

  • ▇▇▇▇▇▇ Limitation The Service reserves the right to refuse to pay any ▇▇▇▇▇▇ to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a ▇▇▇▇▇▇ designated by you. as set forth in Section 13 of the General Terms (Prohibited Payments) or an Exception Payment under this Agreement.

  • Limitation on Out of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.