Restrictions on claims by Adjacent Facility Owner Clause Samples

The 'Restrictions on claims by Adjacent Facility Owner' clause limits the rights of owners of neighboring properties or facilities to bring certain types of claims against the parties involved in the agreement. Typically, this clause outlines specific circumstances under which claims may or may not be made, such as restricting claims related to construction impacts, noise, or access disruptions unless they result from negligence or breach of contract. By clearly defining and narrowing the scope of permissible claims, this clause helps prevent frivolous or excessive litigation and provides certainty to the parties regarding their potential liabilities.
Restrictions on claims by Adjacent Facility Owner. Any claim by the Adjacent Facility Owner against Network Rail for indemnity for Relevant Losses shall:
Restrictions on claims by Adjacent Facility Owner. Any claim by the Adjacent Facility Owner against the CVL IM for indemnity for Relevant Losses shall: (a) include Relevant Losses only to the extent that these constitute amounts which the Adjacent Facility Owner would not have incurred as owner of a facility adjacent to the CVL but for the relevant breach; and (b) give credit for any savings to the Adjacent Facility Owner which result or are likely to result from the incurring of such amounts.
Restrictions on claims by Adjacent Facility Owner. Any claim by the Adjacent Facility Owner against DB Cargo for indemnity for Relevant Losses shall:
Restrictions on claims by Adjacent Facility Owner. Any claim by the Adjacent Facility Owner against Prologis for indemnity for Relevant Losses shall: (a) include Relevant Losses only to the extent that these constitute amounts which the Adjacent Facility Owner would not have incurred as owner of a facility adjacent to the Prologis Network but for the relevant breach; and (b) give credit for any savings to the Adjacent Facility Owner which result or are likely to result from the incurring of such amounts.
Restrictions on claims by Adjacent Facility Owner. Any claim by the Adjacent Facility Owner against The Depot Facility Owner for indemnity for Relevant Losses shall: (a) include Relevant Losses only to the extent that these constitute amounts which the Adjacent Facility Owner would not have incurred as owner of a facility adjacent to the Depot Network but for the relevant breach; and (b) give credit for any savings to the Adjacent Facility Owner which result or are likely to result from the incurring of such amounts.
Restrictions on claims by Adjacent Facility Owner. Any claim by the Adjacent Facility Owner against DBCi for indemnity for Relevant Losses shall: (a) include Relevant Losses only to the extent that these constitute amounts which the Adjacent Facility Owner would not have incurred as owner of a facility adjacent to the DBCi Network but for the relevant breach; and (b) give credit for any savings to the Adjacent Facility Owner which result or are likely to result from the incurring of such amounts.

Related to Restrictions on claims by Adjacent Facility Owner

  • Restrictions on claims ‌ 11.1 Notification and mitigation (a) shall notify the other party of the relevant circumstances giving rise to that claim as soon as reasonably practicable after first becoming aware of those circumstances (and in any event within 365 days of first becoming so aware); and (b) subject to Clause 11.1(c), shall take all reasonable steps to prevent, mitigate and restrict the circumstances giving rise to that claim and any Relevant Losses connected with that claim; but (c) shall not be required to exercise any specific remedy available to it under this contract.

  • Restrictions on Use You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized, or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws, and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by Nekoosa Port ▇▇▇▇▇▇▇ State Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of Nekoosa Port ▇▇▇▇▇▇▇ State Bank or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose Nekoosa Port ▇▇▇▇▇▇▇ State Bank, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other customers of Mobile Banking or the Software; or (d) otherwise abuse Mobile Banking or the Software.

  • Restrictions on U.S Transfers. Transfers of interests in the Regulation S Global Security to U.S. persons (as defined in Regulation S) shall be limited to transfers made pursuant to the provisions of Section 3.03(h)(C).

  • Restrictions on Lobbying The subrecipient shall not use funds made available to it under this Agreement to pay for, influence, or seek to influence any officer or employee of a State or Federal government.

  • Restrictions on Testing If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing: 1. verification testing; 2. quality control testing; or 3. independent assurance testing