Security is Not a Limit on Seller’s Liability Sample Clauses

The 'Security is Not a Limit on Seller’s Liability' clause establishes that any security provided by the seller, such as a deposit, bond, or guarantee, does not cap or restrict the seller’s overall liability under the agreement. In practice, this means that if the seller breaches the contract or causes damages exceeding the value of the security, the buyer can still pursue the seller for the full amount of losses, not just up to the value of the security. This clause ensures that the buyer retains the right to full compensation and prevents the seller from using the existence of security as a shield against greater liability.
Security is Not a Limit on Seller’s Liability. The security contemplated under this Section 8 constitutes security for, but is not a limitation of, Seller’s obligations and liabilities under this Agreement and is not PacifiCorp’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent PacifiCorp draws on any Security, Seller must, within thirty (30) days following such draw, replenish or reinstate the Security to the full amount then required under this Section 8. If any Security provided by Seller pursuant to this Section 8 will terminate or expire by its terms within thirty (30) days and Seller has not delivered to PacifiCorp replacement Security in such amount and form as is required pursuant to this Section 8, then PacifiCorp shall be entitled to draw the full amount of the Security and to hold such amount as security until such time as Seller delivers to PacifiCorp replacement Security in such amount and form as is required pursuant to this Section 8.
Security is Not a Limit on Seller’s Liability. The Credit Support and Security Interests contemplated by this Section 7: (a) constitutes security for, but is not a limitation of, Seller’s obligations under this Agreement, and (b) shall not be Buyer’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent that ▇▇▇▇▇ draws on the Credit Support, Seller shall within five (5) Business Days reinstate the security to the full amount required by this Section 7.
Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 8 (a) constitutes security for, but is not a limitation of, Seller's obligations hereunder and (b) shall not be PacifiCorp's exclusive remedy for Seller's failure to perform in accordance with this Agreement. Seller shall maintain security as required by Sections 8.1, 8.2 and 8.3, as applicable per this Agreement. To the extent that PacifiCorp draws on any security, Seller shall, on or before the first day of the Contract Year following such draw, replenish or reinstate the security to the full amount then required under this Section 8. If at any time the Seller or Seller's credit support provider(s) fails to meet the Credit Requirements, then Seller shall provide replacement security meeting the requirements set forth in Section 8 within ten (10) Business Days after the earlier of (x) Seller's receipt of notice from any source that Seller or the credit support provider(s), as applicable, no longer meets the Credit Requirements or (y) Seller's receipt of written notice from PacifiCorp requesting the posting of alternate security.
Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 8 (a) constitutes security for, but is not a limitation of, Seller's obligations hereunder and
Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 8: (a) constitutes security for, but is not a limitation of, Seller's obligations hereunder and
Security is Not a Limit on Seller’s Liability. The security contemplated under this Section 8 constitutes security for, but is not a limitation of, Seller’s obligations and liabilities under this Agreement and is not Utility’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent Utility draws on any Project Development Security or Default Security, Seller must, within fifteen (15) days following such draw, replenish or reinstate the Project Development Security or Default Security, as applicable, to the full amount then required under this Section 8. If any security provided by Seller pursuant to this Section 8 will terminate or expire by its terms within thirty (30) days, and Seller has not delivered to Utility replacement security in such amount and form as is required pursuant to this Section 8, then Utility shall be entitled to draw the full amount of the security and to hold such amount as security until such time as Seller delivers to Utility replacement security in such amount and form as is required pursuant to this Section 8.
Security is Not a Limit on Seller’s Liability. The credit security contemplated by this Section: (a) constitutes security for, but is not a limitation of, Seller’s obligations hereunder, and (b) shall not be PacifiCorp’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent that PacifiCorp draws on the Default Security, Seller shall, within five (5) Business Days, replenish or reinstate the drawn security to the full amount of Default Security required by this Section.
Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 7: (a) constitutes security for, but is not a limitation of, Seller’s obligations under this Agreement, and (b) shall not be PacifiCorp’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent that PacifiCorp draws on the Project Development Security or the Default Security, Seller shall, within ten (10) Business Days, replenish or reinstate the drawn security to the full amount then required by this Section 7. In the event that any entity providing Default Security in the form of a guaranty no longer satisfies the Credit Requirement, Seller shall cause such guaranty to be replaced by alternate Default Security meeting the requirements of Section 7.2 within ten (10) Business Days after the earlier of (i) Seller’s receipt of notice from any source that the guarantor no longer satisfies the Credit Requirement or (ii) Seller’s receipt of written notice from PacifiCorp requesting the posting of alternate Default Security.
Security is Not a Limit on Seller’s Liability. The security contemplated by this Section 8: (a) constitutes security for, but is not a limitation of, Seller’s obligations hereunder, and (b) shall not be PacifiCorp’s exclusive remedy for Seller’s failure to perform in accordance with this Agreement. To the extent that PacifiCorp draws on any credit security, Seller shall, within five (5) Business Days, replenish or reinstate the drawn security to the full amount then required by this Section 8. At any time the Seller or its credit support provider(s), if applicable, must maintain Credit Ratings such that the amount of Credit Support required in Section 8.1 is maintained during the Term.

Related to Security is Not a Limit on Seller’s Liability

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

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  • Lender’s Liability for Collateral So long as Lender complies with its obligations, if any, under the Code, Lender shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause other than Lender’s gross negligence or willful misconduct; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by Borrower.