Exclusive Remedy for Breach Sample Clauses

Exclusive Remedy for Breach. The Parties agree that, notwithstanding any provisions to the contrary in the Agreement, the exclusive remedy for a breach of any obligation set forth in this SLA or any contractual provision of the Agreement pertaining to the obligations in this SLA, shall be a right of termination of under Section 9.2(ii) of the Agreement. w:\legal\commercial\blank documents\agreement forms\E Commerce\Form SLA2.26.01 Exhibit D Promotion Plans · Nextel agrees to place a description of the Operator application on the Xxxxxx.xxx primary web site in a manner and position substantially similar to other Nextel partners in the same Nextel category as Operator. · Operator agrees to place a description of the Nextel services on the Operator Site in a manner and position substantially similar to other Operator partners in the same category as Nextel, provided that Nextel gives prior written approval to any description used by Operator. · Neither party shall issue press releases or make other public announcements regarding this Agreement without the other party’s prior written consent, which consent shall not be unreasonably withheld. Nextel shall have he right to reference the service described in this Agreement in promotional materials; provided such promotional materials have been approved in writing by Operator. · During the first month of the trial, Nextel will provide a description of the Operator Service and a link to the Operator Site within the ‘What’s New’ category on the Nextel Online Wireless Internet Service. Exhibit E Trademarks
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Exclusive Remedy for Breach. In the event of any breach of this Agreement by MMT or LMC, the non-breaching party or parties shall be entitled to seek relief with respect to such breach pursuant to the procedures provided in the Amended and Restated Dispute Resolution Agreement. However, the non-breaching party or parties shall not be entitled to terminate this Agreement or to suspend or withhold the performance of any of its or their obligations under this Agreement as a result of such breach.
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Exclusive Remedy for Breach. Repair. Should Reliability breach the Uptime Warranty or the Subscriber Data Security Warranty, Subscriber’s sole remedy shall be for Reliability to repair the Services by restoring them to the standard of the applicable warranty.
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Exclusive Remedy for Breach. Following the Closing, except for actions for statutory or common law fraud or intentional misrepresentation arising out of or relating to this Agreement, the indemnities provided for in this Article VI are the parties' sole and exclusive remedies for all inaccuracies of representations and warranties or breaches of covenants and agreements in this Agreement, and to the extent that any Indemnitee incurs or sustains any EMG Damages or Seller Damages in connection with or related to this Agreement or the transactions contemplated hereby for which it may assert any other right to indemnification, contribution or recovery, such Indemnitee hereby waives, releases and agrees not to assert such right.
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Exclusive Remedy for Breach. In the event of any breach of this Agreement or the Related Agreements by TEPS, Xxxxxxx or the Company, the non-breaching party or parties shall be entitled to seek relief with respect to such breach pursuant to the procedures provided in the Dispute Resolution Agreement. However, the non-breaching party or parties shall not be entitled to terminate this Agreement or any of the Related Agreements or to suspend or withhold the performance of any of its or their obligations under this Agreement and the Related Agreements as a result of such breach. Article 13
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Exclusive Remedy for Breach. In the event that any of the representations and warranties of Omega contained in Subsection 1 or 2(a) above are false, and a third party brings suit against Telerate during the term of this Agreement asserting therein rights in the Telerate Version of SuperCharts Products or damages or other relief as a result of an alleged infringing use by Telerate of the Telerate Version of SuperCharts Products ("Indemnifiable Claims"), Omega will, subject to the provisions and limitations set forth below, assume at its expense the defense of such suit using counsel reasonably acceptable to Telerate, and indemnify Telerate against any money damages or costs awarded in such suit which are based upon the Indemnifiable Claims. Omega's obligations under this Subsection (b) shall be excused if Telerate fails to provide to Omega prompt notice of any Indemnifiable Claim asserted or threatened against Telerate, but only to the extent that the delay in giving notice is prejudicial to Omega or otherwise prejudices Omega's ability to answer, defend against or settle such Indemnifiable Claim. Omega shall have exclusive control of the defense of such lawsuit and all negotiations relating to its settlement, and Telerate shall assist Omega at Omega's request in all necessary respects in connection with the defense and/or settlement of the lawsuit. However, Omega's total liability to incur out-of-pocket costs in the defense of any such suit or suits and to pay damages or costs awarded in or resulting from any such suit or suits (whether by judgment, settlement, or otherwise) shall be limited to the amount theretofore paid to Omega by Telerate under this Agreement, and Telerate shall advance to Omega any amounts required to be expended by Omega in excess of such limit. Amounts so advanced shall be credited to future payments due from Telerate to Omega under this Agreement. The foregoing provisions of this Subsection (b) state the entire liability of Omega to Telerate in connection with any third-party lawsuit brought against Telerate for which indemnity pursuant to this Subsection (b) is available.
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Exclusive Remedy for Breach. In the event that either Party materially breaches any of its respective obligations set forth in Section 7.1, the Parties agree that the non-breaching Party's sole and exclusive remedy shall be to request in writing that the breaching Party take actions to cure such breach and, if the breaching Party is unable to cure such breach within thirty (30) days of such notice, to terminate the recycle program for Acceptable Used Photomasks. In the event of such termination, neither of the Parties will have any further obligations to the other under this Article 7, and the recycle program shall no longer be considered a factor under Section 4.3 in setting the Initial Price Adjustment or Annual Price Adjustment, as applicable. All other terms and conditions of this Agreement shall remain in full force and effect. 7.3.
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Related to Exclusive Remedy for Breach

  • Remedy for Breach The Executive agrees that in the event of a material breach or threatened material breach of any of the covenants contained in this Paragraph 6, the Company will have the right and remedy to have such covenants specifically enforced by any court having jurisdiction, it being acknowledged and agreed that any material breach of any of the covenants will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Remedies for Breach It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law:

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • Survival of Representations and Warranties; Remedy for Breach (a) Subject to Section 3.5 hereof, all representations and warranties of Contributor contained in this Agreement or in any Schedule, Exhibit, certificate or affidavit delivered pursuant to this Agreement shall survive the Closing.

  • Liabilities for Breach of Agreement 9.1 In the event any Party failed to perform any of its obligations under this Agreement, or made any untrue or inaccurate representations or warranties, such Party shall be liable for all the losses of other Parties for breach of the Agreement. This Article 9 shall not influence any other right of Party A under this Agreement.

  • Remedies for Breaches of This Agreement 20 (a) Survival of Representations and Warranties 20

  • Liability for Breach 10.1 Either Party’s direct or indirect violation of any provisions hereof or failure to assume its obligations hereunder or failure to assume such obligations in a timely and adequate manner shall constitute breach of this Agreement. The non-breaching Party (“Non-Breaching Party”) shall have the right to require the breaching Party (“Breaching Party”) by written notice to redress its breach and take adequate, effective and timely measures to eliminate the consequences of such breach, and indemnify against the losses incurred by the Non-Breaching Party due to the breach of the Breaching Party.

  • REPRESENTATIONS AND WARRANTIES; REMEDIES FOR BREACH Section 3.01 Seller Representations and Warranties Relating to the Mortgage Loans.

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