Restrictions and Liabilities Sample Clauses

Restrictions and Liabilities. Both parties agree that the following conditions of business will apply: a) All hardware and software provided by WATERLOO WIRELESS remains the property of WATERLOO WIRELESS/MEGAWIRE, excluding any hardware purchased directly by the Customer for use on the system. In no manner does the Customer have any right to tamper, modify or replicate the configuration in any form, or to duplicate a similar hardware/software configuration to be used in place of the WATERLOO WIRELESS units. b) The Customer cannot redirect, resell or share the service in any way beyond their direct use, established at the time of setup, unless WATERLOO WIRELESS provides written permission. c) WATERLOO WIRELESS is not responsible for any illegal transaction, activity, download or upload generated to or from the Customer, directly or indirectly. Neither is WATERLOO WIRELESS responsible for any other form of soliciting done to or from the Customer. The WATERLOO WIRELESS network is solely a means of directing requests from and to the Customer’s system. d) WATERLOO WIRELESS is not responsible for any cyber-attack, cyber breach, or data breach that the Customer may experience while using the services provided by WATERLOO WIRELESS e) WATERLOO WIRELESS has the exclusive right to open any hardware provided by WATERLOO WIRELESS or to allow an authorized person assigned by WATERLOO WIRELESS to open and modify any components. f) WATERLOO WIRELESS will sustain the network to the best of their ability and will repair or replace any defective systems as quickly as possible. g) WATERLOO WIRELESS is not responsible for any down time experienced by the Customer or for any possible loss of communication time. WATERLOO WIRELESS will make any necessary repairs within four (4) business days of notification. h) WATERLOO WIRELESS is not responsible for any monetary liability due to possible down time, be it real or perceived. i) WATERLOO WIRELESS is neither responsible nor holds liability for customer routers. This includes but is not limited to routers purchased through WATERLOO WIRELESS. j) If the network structure is inoperative for longer than 48 hours during regular business hours, WATERLOO WIRELESS will compensate the Customer for the failure directly/solely related to the WATERLOO WIRELESS equipment, provided a written request for compensation is received within 48 hours of service restoration. This monetary compensation is limited to the prorated daily amount of the Customer’s regular monthly fee. k) W...
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Restrictions and Liabilities. The Tenant may only use the premises as a holiday home. The tenant will indemnify and save the Landlord harmless from and against any and all claims, actions, damages, liabilities; and expenses in connection with the loss of life, personal injury and or damages to persons or Property arising from or out of any occurrence in, upon or at the premises. In the event the Landlord is, without fault on his part, made a party to any litigation commenced by or against the tenant, the tenant will protect or hold the Landlord harmless and pay all reasonable counsel and legal fees incurred or paid by the Landlord in connection with such litigation. The tenant will also pay all costs, expenses and reasonable counsel and legal fees incurred and paid by the Landlord in enforcing the covenants, conditions and provisions of this agreement against the tenant.
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Restrictions and Liabilities. You shall adhere to the following restrictions and fulfill the responsibilities set forth in this Agreement: 4.1. In using the API and service data, as well as in publishing Applications, you must comply with the provisions of this Agreement, the Privacy Policy, and the general API policies. When using ▇▇▇▇▇▇▇▇'s marks, you must also adhere to all restrictions set forth in this Agreement and the "Trademark Usage Guidelines." If SOLARMAN discovers that you have violated or attempted to violate any term, condition, or principle of this Agreement, ▇▇▇▇▇▇▇▇ may temporarily or permanently revoke the permissions granted to you under this Agreement. 4.2. To use and access the API, you must obtain an API credential ("token") by becoming a user. Users shall not share their tokens with any third party, must ensure the confidentiality and security of the token and all login information, and shall use the token as the sole means of accessing the API. 4.3. Your Application shall not substantially replicate the products or services provided by SOLARMAN. On this basis, both parties agree that either party may develop and publish Applications that are similar to or otherwise compete with the other party's Applications. Applications shall not use or access the API or services to monitor the availability, performance, or functionality of the API or services, nor shall they be used for any benchmarking purposes. 4.4. Applications shall not display any form of advertising within or in connection with any service data received by any user, agent, or end-user. 4.5. You shall not use or assist any third party in using the API or any software to circumvent the personal agent login requirements: (a) utilizing the service to interact with end-users; or (b) processing data related to interactions with end-users, where personal agent login is required under this Agreement for such interactions. 4.6. You shall not use or assist any third party in using the API or any software to circumvent applicable service plan restrictions or agent license restrictions. You shall not use the API or any service data in any manner that could compromise or potentially compromise the security of the service, API, service data, or any other data or information stored or transmitted using the service. 4.7. You shall not, and shall not attempt to (a) interfere with, modify, or disable any features, functions, or security controls of the service or API, (b) disrupt, avoid, bypass, delete, disable, or other...
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Restrictions and Liabilities a) In order to use the International Remittance Service, the User must accept these terms and conditions with AFS. The User agrees that availing the service as a User constitute acceptance by the User to these terms and conditions. b) The registered User agrees to register beneficiary accounts within AFS’s systems. c) The User agrees that the beneficiary must be the age of 18 or above. d) Even if AFS has approved the User and User’s registered beneficiaries for use of the International Remittance Service, there may still be cases where AFS is unable to process money transfers in accordance with the registered information, due to the restrictions on transactions set forth in the beneficiary country or for other reasons. e) AFS may be liable to the User where AFS fails to perform or incorrectly perform an International Remittance Transaction that is authorized by the User. This means that in the event of a non-executed or incorrectly executed International Remittance Transaction, AFS will refund an amount not exceeding the actual Transaction value to the User and limited to the extent the Transaction was not executed or it was incorrectly executed. The User is entitled to claim a refund of all fees applied to the extent they have been charged or incurred in connection with an unexecuted or incorrectly executed Transaction. The foregoing is the User’s sole and exclusive remedy and AFS’s sole liability for an amount not exceeding the transaction amount at any time. f) AFS is not liable for any unauthorized or incorrectly executed International Remittance Transactions if the User does not let AFS know about an unauthorized or incorrectly executed transaction within ten (10) calendar days after the date of execution of the transaction g) AFS is not liable for validating beneficiary account details. These are solely the responsibility of the User to ensure that the beneficiary is registered with the correct account details. h) AFS is not liable or responsible for canceling or refunding the International Remittance transaction if the funds were remitted to a beneficiary registered with incorrect account details. That is, AFS cannot cancel or refund funds transferred to an unintended beneficiary as a result of mistake by the User during beneficiary registration. i) AFS will have no liability if AFS fails to perform or incorrectly performs the International Remittance Transaction where the reason was due to events outside of AFS’s control or outside of AFS’s statuto...
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Restrictions and Liabilities. The Facility shall incur no liability for injuries of any kind suffered by Patient while under its care, therefore should the Patient discontinue treatment before the attending physician has so ordered Patient, Patient and Patient. Representative agree to assume all responsibilityfor all results whichmayfollow.
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Related to Restrictions and Liabilities

  • Litigation and Liabilities There are no civil, criminal or administrative actions, suits, claims, hearings, arbitrations, investigations or other proceedings (“Proceedings”) pending or, to the Knowledge of the Company, threatened against the Company or any of its Subsidiaries, except for those that would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect. There are no obligations or liabilities of the Company or any of its Subsidiaries, whether or not accrued, contingent or otherwise other than (i) liabilities or obligations disclosed, reflected, reserved against or otherwise provided for in the consolidated balance sheet of the Company as of June 30, 2017, and the notes thereto set forth in the Company’s annual report on Form 10-K for the fiscal year ended June 30, 2017 (the “Company Balance Sheet”); (ii) liabilities or obligations incurred in the ordinary course of business consistent with past practice since June 30, 2017; (iii) liabilities or obligations arising out of the Transaction Documents (and which do not arise out of a breach by the Company or SpinCo of any representation or warranty in the Transaction Documents); or (iv) liabilities or obligations that would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect. Neither the Company nor any of its Subsidiaries is a party to or subject to the provisions of any judgment, order, writ, injunction, decree, award, stipulation or settlement of or with any Governmental Entity that would, individually or in the aggregate, reasonably be expected to have, a Company Material Adverse Effect (except to the extent expressly consented to by Parent pursuant to Section 5.06).

  • Disputes and Liabilities A. In addition to the other remedies provided for hereunder and except as expressly limited herein, both Parties to this Agreement shall have the full benefit of all applicable remedies generally available to a Licensor/ Licensee of products under the Uniform Commercial Code. B. In the event of any disputes between the Parties associated with this Agreement, the Parties hereby agree to work toward resolution and negotiate in good faith for a period of not less than thirty (30) days. The Parties shall both assign individuals whose responsibility it shall be to review and interpret the events and circumstances of the dispute and to resolve and/or propose to the Parties’ Senior Management a viable mutually acceptable resolution. If at any time during the resolution process the assigned individuals determine for whatever reason that the dispute cannot be resolved at the assigned level the Parties agree to escalate the dispute to ascending levels of management up to and including the Vice President of the respective organizations. If after thirty (30) days resolution has not been achieved the Parties may exercise any and all courses of resolution prescribed herein, unless the Parties otherwise mutually agree to extend the negotiation/resolution period. C. Neither Party to this Agreement shall be liable for any claim arising out of this Agreement in an amount exceeding the total contract price with the exception of the damages and costs described in Section 10 (“Indemnification”) and Section 17 (“Warranties”). In no other event shall either Party be liable hereunder for any indirect, incidental or consequential damages (including lost business profit) sustained by the other Party or any other individual or entity for any matter arising out of or pertaining to the subject matter of this Agreement. D. The Parties hereby expressly acknowledge that the foregoing limitations were fully considered by each Party to this Agreement and appropriately reflects a fair allocation of risks. E. No action arising under or related to this Agreement may be brought by one Party against the other more than two (2) years after the cause of the cause of the action arose. F. The Parties agree that this Agreement is the result of negotiations between the Parties and that no term or provision shall be construed against a Party merely because the term or provision is contained in a document drafted, prepared, written or pre- printed by that Party.

  • Warranties and Liabilities You acknowledge and agree that: a) We do not warrant the operability or functionality of Mobile Payment Services for Small Business or that it will be available to complete a Transaction; b) We do not warrant that any particular merchant will offer the payment method accessed through Mobile Payment Services for Small Business; and c) We do not guarantee the availability or operability of any wireless networks or of any Mobile Device. You understand that You should keep Your physical Debit Card with You to use in the event Mobile Payment Services for Small Business are unavailable for whatever reason. Furthermore, You explicitly exclude Us, all partners and associated service providers from all liability whatsoever in relation to Mobile Payments Services for Small Business, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non-performance of Mobile Payments Services for Small Business. You acknowledge and confirm ownership of the respective intellectual property rights by the Financial Institution and its partners and associated service providers.

  • Indebtedness and Liabilities Incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness or Liability, other than: (a) Indebtedness to the Lender for Advances, or otherwise; (b) Indebtedness and Liabilities with respect to trade obligations, accounts payable and other normal accruals incurred in the ordinary course of business, or with respect to which any of the Borrowers is contesting in good faith the amount or validity thereof by appropriate proceedings, and then only to the extent that the Borrowers have set aside on their books adequate reserves therefor; (c) Indebtedness under those Real Property Leases listed on Schedule "3.07" annexed hereto; (d) Indebtedness under Existing Operating Leases listed on Schedule "3.05" annexed hereto; (e) Existing Indebtedness, but only to the extent set forth on Schedule "6.01(e)" annexed hereto; (f) Purchase money Indebtedness or other Indebtedness incurred or assumed in connection with Investments (including the acquisition of additional assets or businesses) and Capital Expenditures made following the Agreement Date; provided, however, that: (i) the Borrowers shall, in connection with the incurrence of any and all such Indebtedness, be in compliance with the provisions of Section 6.06(c) and Section 6.09 hereof; and (ii) to the extent that the Borrowers shall elect to incur Indebtedness for money borrowed (other than purchase money Indebtedness) from any financial institution in connection with any permitted Investment contemplated by Section 6.06(c) hereof, they shall afford the Lender a right of first refusal to provide the financing therefor; provided, that the terms and conditions of any such financing which the Lender may (at their sole discretion) elect to offer shall be on terms and conditions which, in the aggregate, shall be no less favorable to the Borrowers than those offered by any other financial institution; (g) Intercompany Investments which are represented by instruments that are promptly delivered (with all necessary endorsements thereon) to the Lender pursuant to the Security Agreement; and (h) Subordinated Debt in such amounts and upon such terms and conditions as shall be reasonably acceptable to the Lender.

  • Taxes and Liabilities The Company shall pay when due all material taxes, assessments and other liabilities except as contested in good faith and by appropriate proceedings and for which adequate reserves in conformity with GAAP have been established.