Sentences with phrase «exclusive remedy of»

The foregoing shall be the sole and exclusive remedy of any person, whether in contract, tort, or otherwise, and Antennas Direct ® Inc. shall not be liable for incidental or consequential damage or commercial loss, or for any other loss or damage as set forth above.

Not exact matches

The foregoing remedies shall not be deemed to be the exclusive remedy for any breach or violation of this Agreement, but shall instead be in addition to any and all other remedy or remedies to which Parent may be entitled at law or in equity.
Cirara, which is made by Remedy Pharmaceuticals, which is based in New York City, is an exclusive intravenous formulation of glibenclamide.
If you are dissatisfied with the website, any materials, products, or services on the site, or with any of the site's terms and conditions, your sole and exclusive remedy is to discontinue using the site.
A few non-obscure exclusives might help to remedy that, though being nearly a year into the New 3DS» release with only a single one makes it hard to believe that Nintendo will push anything of the sort.
The U.S. Supreme Court will take up an appeal examining whether Title IX provides the exclusive legal remedy for cases of sex discrimination in public schools.
Performance of repairs and needed adjustments is the exclusive remedy under this written warranty or any implied warranty.
A person who can prove a book sold through Kindle's publishing platform is a work whose copyright he owns, and the copyright is being infringed through its unauthorized listing for sale, then Amazon «will pay you the Royalties due in connection with any sales of the Digital Book through the Program, and will remove the Digital Book from future sale through the Program, as your sole and exclusive remedy
Our payment of the Liquidated Damages is Our sole liability and entire obligation and the Author's exclusive remedy for the listed breaches for which the enhanced Author Royalties percentages are listed as a remedy.
If you notify us through the procedure we provide on A&A Printing sites for making claims of copyright infringement that a third party has made a Printed Books & Digital Books available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Printed Books & Digital Books through the Program, and will remove the Printed Books & Digital Books from future sale through the Program, as your sole and exclusive remedy.
The remedies set forth in this paragraph and termination of this Agreement as specified above are your exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the products provided hereunder.
You acknowledge that our entire liability and your exclusive remedy under these Terms of Use for any dispute with us shall be your right to terminate your account in accordance with this section.
However, if you are dissatisfied with the Site, any of its Content, or any of the Terms, your sole and exclusive legal remedy is to stop using the Site.
You acknowledge the unauthorized use of the contents could cause irreparable harm to Pet Food Express and that in the event of an unauthorized use, Pet Food Express shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.
If you are dissatisfied with the Generali Global Assistance website, or with these terms and conditions of use, your sole and exclusive remedy is to discontinue using the site.
If the User is dissatisfied with any Material on this Site or with any of its Terms and Conditions of Use, the User's sole and exclusive remedy is to discontinue using the Site.
The problems of the past may be remedied at E3 2018, spanning June 12 — 14, as the showfloor will host industry exclusive hours.
Remedy Entertainment, the developer behind the upcoming Xbox One exclusive Quantum Break, has revealed on its Twitter account that new gameplay footage of the title will premier this week at The Game Awards.
After months of speculations, Remedy finally confirmed that previously known - as - an - Xbox - exclusive Quantum Break will also launch on Windows 10 in April 2016.
I also feel like Quantum Break will either need to be delayed for quite awhile (Remedy's track record of a slower dev time coupled w / the time mechanics & live tv segments seem to point to this game not releasing this year), or Microsoft might push them to rush the game out in order to have a compelling exclusive in time for the holidays (I hope not)
505 Games, a Digital Bros subsidiary, secures exclusive 20 year rights to the next game from Remedy Entertainment, renowned developer of AAA video games franchises, with an investment of $ 7.75 million.
GI: «Microsoft's general manager of Microsoft's Global Games Publishing talked to us about exclusives on Xbox, the future of Remedy and Quantum Break, and lots more.»
During The Game Awards 2015, Microsoft and Remedy Entertainment introduced a new trailer of the upcoming Xbox One Exclusive Quantum Break.
Remedy's Alan Wake, an oft - delayed but critically acclaimed Xbox 360 exclusive, is getting a re-release on the PC — complete with all of the DLC add - ons — and we're digging back in for another trip to Bright Falls to battle the Dark Presence in this great story - driven thriller.
By the way, this game was NEVER an exclusive, alot of us called that obvious trend for Remedy games a long time ago.
The Remedy thriller, announced in 2005 for both 360 and PC, has gone in a matter of weeks from being almost entirely under wraps to a 360 exclusive, a May release, an episodic adventure in an untraditional gaming sense, a project inspired by Twin Peaks and as having «seasons» with planned DLC.
That is the premise of Quantum Break, the Microsoft exclusive from Remedy Entertainment, the studio who brought us the Alan Wake series.
Thomas Puha, Remedy Entertainment's head of PR, has taken to his personal Twitter to give an update on the development status of its upcoming Xbox One exclusive, Quantum Break, saying it's «so close to being done.»
Remedy developers of Alan Wake and Max Payne have announced an exclusive title for the Xbox ONE this afternoon at the consoles reveal.
Microsoft and Remedy Games finally offered an update on Quantum Break this morning, one of the first Xbox One exclusives announced last year and to date the one most shrouded in secrecy.
Alan Wake developer Remedy Entertainment showed some in - game footage of its interesting apocalyptic thriller, and Xbox One exclusive.
If you are dissatisfied with the Website, or with any of these Terms and Conditions, or feel we have breached these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.
The Court first held that the default position was that IPRs grant exclusive rights and that the exercise of those rights could not be undermined by prohibiting recourse to well - established remedies.
Due to the exclusive remedy provisions of California workers» compensation laws, any entity that may be considered an injured worker's employer is protected from liability for compensation other than that available under workers» compensation laws.
Workers» compensation benefits come with a provision of exclusive remedy, meaning injured workers don't have the right to sue their employer, but their medical expenses and a portion of lost wages are available.
These two remedies are not mutually exclusive; the aggrieved party may pursue one or both of them:
The Illinois Wrongful Death Act provides the exclusive remedy available when death occurs as a result of a tortious conduct.
«Labor Code statutes regulating meal and rest breaks, pay stubs, and minimum wages provide express statutory remedies, including penalties for violation of those statutes that are punitive in nature, that are available when an employer has violated those provisions, and are exclusive remedy available for such statutory violations absent evidence that statutory remedy is inadequate.»
IF YOU ARE DISSATISFIED WITH ANY VIAGRASKINCANCERMELANOMA.com MATERIAL, OR WITH ANY OF VIAGRASKINCANCERMELANOMA.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING VIAGRASKINCANCERMELANOMA.com.
IF YOU ARE DISSATISFIED WITH ANY TVMLAWSUITHELP.com MATERIAL, OR WITH ANY OF TVMLAWSUITHELP.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TVMLAWSUITHELP.com.
IF YOU ARE DISSATISFIED WITH ANY HERBALFENPHENLAWYERS.com MATERIAL, OR WITH ANY OF HERBALFENPHENLAWYERS.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HERBALFENPHENLAWYERS.com.
Provides immunity for businesses and government agencies who follow specified procedures; provides exclusive remedy in contract, if no written contract: limits recovery to direct economic damages; bars recovery for damages which plaintiff could have avoided or mitigated; requires mediation; prohibits class actions against government agencies; requires each class member has a loss of $ 50,000 to bring a class action; provides liability protection for directors and officers; and requires filing of suit by March 1, 2002.
9.5 Needles» waiver of your breach of any portion of this TOS shall not operate or be construed as its waiver of any subsequent breach of the same provision or any other portion of this TOS and no remedy available to Needles hereunder is exclusive of any other remedy available to Needles hereunder or otherwise available at law or in equity.
Needless to say, customers are typically not found of obligations of means (that being said, through mechanisms such as specifications - focused warranties, exclusive remedies and SLAs, most sophisticated IT contracts practically end up favourably putting the vendor in an «obligation of means» position when compared to the customer's initially intended business objective).
The only exception to the exclusive remedy rule is in the case of an intentional tort committed by the employer.
If you are dissatisfied with the Generali Global Assistance website, or with these terms and conditions of use, your sole and exclusive remedy is to discontinue using the site.
Workers» compensation insurance in Maine is the exclusive remedy for the coverage of work - related injuries and illnesses.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE The American Dental Assistants Association WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE The American Dental Assistants Association WEB SITE.
Crucially, these approaches share a fundamental assumption: that behavior deficits on the part of children with ADHD are the predominant (or exclusive) cause of their peer problems, and that if children remedy their inappropriate behaviors, peers will notice these changes and respond with liking.
Specificially, you should cross out a portion of the first sentence of section 15 and replace it with some other language, so that it reads: «If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b), as Seller's sole and exclusive remedy, terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract.»
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