Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.
Limitations and Exclusions. In the event of a dispute based on medical evidence between the member and the Plan Adjudicator concerning such member’s ability to perform alternative employment, the same shall be settled by referring the dispute to the “Specialized Grievance and Arbitration Mechanism pursuant to the Duty to Accommodate Framework Agreement” – Letter of Understanding #6. With the advance mutual agreement of both parties, an alternative process to deal with the dispute may be utilized.
Limitations and Exclusions. 7.07.01 X-Rays No reimbursement shall be made in respect of charges for a complete series of x-rays where such a series has been taken more than once in a twenty-four (24) calendar-month period or in respect of charges for bite-wing films, where such films have been taken more than once in a six (6) calendar-month period.
Limitations and Exclusions. 1. No service of any dentist other than a Participating General Dentist or Participating Specialist will be covered by Company, except out-of-area emergency care as provided in Section VIII, Paragraph C of this Certificate.
Limitations and Exclusions. 1. Services for which vision care coverage does not provide benefits include:
Limitations and Exclusions. This Warranty does not apply to any defect, failure, damage, or undue wear in or to the Surface caused by or connected with: (a) improper or insufficient design or engineering, or improper or insufficient project drawings, plans or specifications; (b) an inadequate or defective pre-existing base or surface; (c) the inherent characteristics of the earth or surface upon which the Surface is installed; (d) misuse, abuse, bubbles, or deliberate acts of vandalism; (e) accident, negligence, or acts of God; (f) static or dynamic loads exceeding Midwest Track Builders recommendations; (g) use of improper cleaning methods; or (h) Owner's failure to care for and maintain the Surface in accordance with Midwest Track Builders written instructions. Midwest Track Builders does not warrant or guarantee the accuracy or sufficiency of any drawings, plans or specifications not prepared by Midwest Track Builders and which are used in connection with installing the Surface. This Warranty shall not apply to the Surface, or any part thereof, which has been repaired or altered without Midwest Track Builders prior written consent. No allowance or credit will be granted for any repairs or alterations to the Surface made by Owner except as authorized by this Warranty. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON MIDWEST TRACK BUILDERS PART. MIDWEST TRACK BUILDERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES UNDER THIS WARRANTY, INCLUDING BUT NOT LIMITED TO ANY ACTIONS ALLEGING DAMAGES UNDER TORT, CONTRACT OR STRICT LIABILITY. MIDWEST TRACK BUILDERS SOLE OBLIGATION UNDER THIS WARRANTY IS TO REPAIR AT ITS SOLE DISCRETION ANY PORTION OF THE SURFACE WHICH MAY BE DETERMINED TO BE DEFECTIVE. MIDWESTS LIABILITY FOR ANY SUCH REPAIR SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PURCHASE PRICE ATTRIBUTABLE TO THE DEFECTIVE PORTION OF THE SURFACE WHICH IS REPAIRED. Midwest Track Builders neither assumes nor authorizes any person to assume for it any other liability in connection with the sale, installation or use of the Surface. This Warranty shall not be construed to be an obligation of any performance or other bond furnished by any party in connection with Midwest Track Builders contract for the Surface and shall not be enforceable against ...
Limitations and Exclusions. The Company shall not be responsible for, and this limited warranty does not cover, any loss resulting from any of the following: • The use of other manufacturers’ products unless such products are specifically recommended or approved by the Company in writing in advance of their installation, in connection with the use of the Products. • Any repairs, replacements, penetrations, or alterations of the Products by any person or entity other than authorized representatives of the Company without prior written consent of the Company. • Water passing through any portion of a structure or building component other than directly through the Products due to a failure in the Products and/or connections between the Products (so long as the connections are Company Products), or any interior moisture, vapor, or condensation. • Construction, design, specification, storage, application, exposure, installation practices, use of the Products, or use of material, that is not in compliance with the Company’s published literature. • Unauthorized changes in the Products’ details or specifications for the project that were not reviewed and approved in advance by the Company in writing. • Failure to maintain the building and the Products with reasonable care. • Mold, mildew, insects, pests, fungi, algae, bacteria, air quality, and similar conditions. • Improper design, engineering, application installation or workmanship of any portion or component of the Products or the structure; or failure, distortion or structural movement of the walls, foundation, or any other portion or component of the structure, including, but not limited to, movement, cracking, deflection, settling of the building or movement of the framing members. • Impact with objects, hurricanes, tropical storms, tornadoes, high winds, hailstorms, earthquakes, sandstorms, floods, natural disasters, fires, vandalism, war, terrorism, animals, other similar acts of God or nature, force majeure events, or significant or unintended immersion or pooling of water. • Abuse, misuse, neglect, damage, or negligence by the Owner, the Applicator, the general contractor, or other trades performing work on the project, or any third party. • Change in principal usage or amount of usage of structure without prior written approval of the Company. • Intermixing of the Products with other chemicals or materials not specifically required by the Company’s specifications or application instructions. If, at the Owner’s request, the Company...
Limitations and Exclusions. (i) Notwithstanding anything to the contrary in this Clause 15, if, at any time during the Term of this Agreement, the Buyer is a Government Owned Party, then Buyer may not claim an event of Force Majeure for any action or inaction of a Governmental Authority that prevents Buyer from complying with any obligation under this Agreement unless such action or inaction applies equally to all public and private entities doing business in India and was not undertaken by the Governmental Authority to benefit Buyer.
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
Limitations and Exclusions. The limitations and exclusions in this section apply to all pediatric vision benefits. Although HMO may list a specific service as a benefit, HMO will not cover it unless we determine it is necessary for the prevention, diagnosis, care or treatment of a covered condition. We do not cover the following: Any vision service, treatment or materials not specifically listed as a covered service; Services and materials that are experimental or investigational; Services and materials that are rendered prior to Your effective date; Services and materials incurred after the termination date of Your coverage unless otherwise indicated; Services and materials not meeting accepted standards of optometric practice; Services and materials resulting from Your failure to comply with professionally prescribed treatment; Telephone consultations; Any charges for failure to keep a scheduled appointment; Any services that are strictly cosmetic in nature including, but not limited to, charges for personalization or characterization of prosthetic appliances; Office infection control charges; Charges for copies of Your records, charts, or any costs associated with forwarding/mailing copies of Your records or charts; State or territorial taxes on vision services performed; Medical treatment of eye disease or injury; Visual therapy; Special lens designs or coatings other than those described in this benefit; Replacement of lost/stolen eyewear; Non-prescription (Plano) lenses; Non-prescription sunglasses Two pairs of eyeglasses in lieu of bifocals; Services not performed by licensed personnel; Prosthetic devices and services; Insurance of contact lenses; Professional services You receive from immediate relatives or household members, such as a spouse, parent, child, brother or sister, by blood, marriage or adoption; Orthoptic or vision training; Aniseikonic spectacle lenses. How the Vision Benefits Work You may visit any Participating Provider and receive benefits for a vision examination and covered Vision Materials. Before You go to a Participating Provider for an eye examination, eyeglasses, or contact lenses, please call ahead for an appointment. When You arrive, show the receptionist Your identification card. If You forget to take Your card, be sure to say that You are a Member of the HMO vision care plan so that Your eligibility can be verified. For the most current list of Participating Providers visit the website at xxx.xxxxxx.x...
