Exceptions to Limitations definition

Exceptions to Limitations. Any limitation set forth in this Section 9.3 shall not apply and be of no effect with respect to: (i) any claim for indemnification or reimbursement or obligation arising under this Agreement in connection with Sections 3.2 (“Authority; No Conflict”), 3.3 (“Capitalization”), 3.6 (“Title to Assets”), 3.9 (“Taxes”), 3.11 (“Employee Benefits Plans and Arrangements”) to the extent such claim or obligation relates to liabilities under ERISA or to the Salary Continuation Agreements; (ii) any indemnification obligation of any Seller arising under this Agreement arising out of the fraud or intentional misrepresentation of the Sellers.

Examples of Exceptions to Limitations in a sentence

  • THIS CLAUSE IS ALWAYS SUBJECT TO SEC- TION 11(c) (Exceptions to Limitations of Liability).

  • Except as provided in Section 24.3 (Exceptions to Limitations of Liability), in no event, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort or otherwise), will a Party be liable to the other Party under this Agreement for indirect, consequential, exemplary, punitive or special damages of any kind or nature whatsoever (including lost revenues, profits, savings or business), even if such Party has been advised of the possibility of such damages in advance.

  • Subject to Section 5.3, (Exceptions to Limitations), the parties disclaim all conditions, warranties and other terms not expressly set out in this Agreement.

  • Subject to Section 5.3 (Exceptions to Limitations): 5.2 Limitations.

  • Subject always to Clause 17.2 (Exceptions to Limitations), in no event shall either Party be liable to the other for: consequential loss or damage; and/or loss of profit, loss of goodwill, or loss of anticipated savings.

  • To the maximum extent permitted by law, subject to Section 9.2 (Exceptions to Limitations), the parties disclaim all other representations and warranties (express or implied), including any warranties of merchantability, satisfactory quality, conformance with description, content accuracy, error-free operation, non-infringement and fitness for purpose.

  • Subject to Section 5.3(b) (Exceptions to Limitations), this Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter.

  • Exceptions to Limitations on Indemnification.......................................

Related to Exceptions to Limitations

  • Exclusions means that certain things are deliberately not covered in a particular policy type

  • Limitations means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold, or otherwise traded in, in any place within Kenya, or as to use in relation to goods to be exported to any market outside Kenya;

  • Concentration Limitations Limitations satisfied on each Measurement Date on or after the Effective Date and during the Reinvestment Period if, in the aggregate, the Collateral Obligations owned (or in relation to a proposed purchase of a Collateral Obligation, owned and proposed to be owned) by the Issuer comply with all of the requirements set forth below (or in relation to a proposed purchase after the Effective Date, if any such requirement is not satisfied, the level of compliance with such requirement is maintained or improved after giving effect to the purchase), calculated in each case as required by Section 1.3 herein:

  • Exceptions means the conditions set out in Standard Licence Condition 14A.3 of our Licences, which are: (i) if your previous supplier has prevented

  • Deduction Limitation means the following described limitation on a benefit that may otherwise be distributable pursuant to the provisions of this Plan. Except as otherwise provided, this limitation shall be applied to all distributions that are "subject to the Deduction Limitation" under this Plan. If an Employer determines in good faith prior to a Change in Control that there is a reasonable likelihood that any compensation paid to a Participant for a taxable year of the Employer would not be deductible by the Employer solely by reason of the limitation under Code Section 162(m), then to the extent deemed necessary by the Employer to ensure that the entire amount of any distribution to the Participant pursuant to this Plan prior to the Change in Control is deductible, the Employer may defer all or any portion of a distribution under this Plan. Any amounts deferred pursuant to this limitation shall continue to be credited/debited with additional amounts in accordance with Section 3.6 below, even if such amount is being paid out in installments. The amounts so deferred and amounts credited thereon shall be distributed to the Participant or his or her Beneficiary (in the event of the Participant's death) at the earliest possible date, as determined by the Employer in good faith, on which the deductibility of compensation paid or payable to the Participant for the taxable year of the Employer during which the distribution is made will not be limited by Section 162(m), or if earlier, the effective date of a Change in Control. Notwithstanding anything to the contrary in this Plan, the Deduction Limitation shall not apply to any distributions made after a Change in Control.