Limitations. Relativity’s obligations under this Section do not apply to any Claim based on any: # use of the Software not in accordance with this Agreement; # modification of the Software by any party other than Relativity; # continued use of the Software after the Term; # prior Release of the Software, to the extent the Claim could have been avoided by using the most current Release; or # combination or operation of Relativity’s Software with other software, components, data, or equipment not created by Relativity, to the extent the Claim could have been avoided in the absence of such combination or operation.

Limitations. Notwithstanding anything herein to the contrary, the maximum amount subject to indemnification under this Section shall not exceed $1,000,000, other than with respect to any breach of any representation or warranty in [Sections 7.1.1, 7.1.2, 7.1.6, 7.1.8, and 7.1.17], which amount subject to indemnification shall not exceed the Purchase Price. Further, Buyer shall not make a claim hereunder until such claim or claims in the aggregate exceed $20,000 (“Basket”), in which event Seller and/or SLG shall be liable for all such losses from the first dollar; provided, however, the Basket shall not apply with respect to losses based upon, arising out of, with respect to or by reason of any breach of any representation or warranty in [Sections 7.1.1, 7.1.2, 7.1.6, 7.1.8, and 7.1.17]. No Party shall have liability under this Agreement to the extent that such liability resulted from the willful misconduct or gross negligence of the other Party hereto. Each Party hereto shall take and shall cause to be taken steps reasonably necessary to mitigate any liability promptly after becoming aware of any event that could reasonably be expected to give rise to such liability.

Limitations. Notwithstanding anything in this [Section 5.3.1.4] to the contrary, Tenant’s indemnity of Landlord shall not be applicable to claims based upon Existing Hazardous Materials. “Existing Hazardous Materials” shall mean Hazardous Materials located on the Property in violation of applicable Environmental Laws as of the date of this Lease. Landlord represents, to its actual knowledge, that there are no

From and after the Closing, except # for the right to pursue specific performance pursuant to [Section 8.1(a), (ii)])] any claim for Fraud and # pursuant to Section 2.3 (but otherwise subject to the limitations therein), the sole and exclusive source of recovery in respect of any claim by Purchaser for # any and all damages or other claims relating to or arising from this Agreement, including breach of the covenants, arising out of or in any way related to any claim or cause of action with respect to the subject matter of this Agreement or the transactions contemplated hereby (other than the Surviving Covenants), or # breach of the representations and warranties set forth in the Agreement and any certificate delivered pursuant hereto, shall be the R&W Policy, and in no event shall Seller or any Affiliate thereof or any other Person have any direct or indirect Liability or obligation in respect of any such claim.

LIMITATIONS. Notwithstanding the foregoing or anything else in this Guaranty to the contrary, the obligations and liabilities of Guarantor under this Guaranty shall be subject to the following limitations:

Limitations. Company accepts, acknowledges, and agrees that Bain is agreeing, on the terms and conditions set forth in this Agreement, only to satisfy the funding obligations set forth in [Section 3.1] and its other obligations expressly set forth herein and is not assuming any Liability of Company, of whatever nature, whether presently in existence or arising or asserted hereafter.

Limitations. The Company’s obligations pursuant to this ARTICLE X shall not apply to the extent such Third-Party Claims result from gross negligence or willful misconduct by any of the Indemnified Parties or the breach of the terms and conditions of this Agreement by any of the Indemnified Parties, including the representations and warranties made by the Indemnified Parties in this Agreement.

Limitations. Except as expressly set forth in this ARTICLE 2, nothing in this Agreement will be deemed to grant to Betta any ownership or other rights in or to any products or technologies owned or Controlled or developed or otherwise obtained by or on behalf of [[Agenus:Organization]] as of the Effective Date or thereafter, nor to any intellectual property or other proprietary rights therein, all of which will remain solely and exclusively owned by [[Agenus:Organization]]. For clarity, and without limiting the foregoing, the License does not include a right under the Licensed IP to Develop, Manufacture or Commercialize any product containing ​.

Limitations. The foregoing certifications shall not be deemed to be an affirmative representation, warranty or covenant and shall in no event subject Landlord and its successors or transferees to any liability whatsoever, the sole effect of the same being to estop Landlord and its successors or transferees from making any assertions contrary to said certifications. Other than such estoppel, nothing in this certification shall limit or alter the rights and remedies of Landlord and its successors or transferees under the Lease.

Limitations. Notwithstanding the foregoing,