Exclusions. The Warrant Agent shall have no responsibility with respect to the validity of this Agreement or with respect to the validity or execution of any Warrant (except its countersignature thereof). The Warrant Agent shall not be responsible for any breach by the Company of any covenant or condition contained in this Agreement or in any Warrant. The Warrant Agent shall not be responsible to make any adjustments required under the provisions of Section 4 hereof or responsible for the manner, method, or amount of any such adjustment or the ascertaining of the existence of facts that would require any such adjustment; nor shall it by any act hereunder be deemed to make any representation or warranty as to the authorization or reservation of any shares of Common Stock to be issued pursuant to this Agreement or any Warrant or as to whether any shares of Common Stock shall, when issued, be valid and fully paid and non-assessable.
Exclusions. The following matters shall be excluded from the mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed, mortgage or installment land sale contract as defined in accordance with State law; (ii) an unlawful detainer action, forcible entry detainer, eviction action, or equivalent; (iii) the filing or enforcement of a mechanic’s lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions of this Section.
Exclusions. The provisions of this Section 11 respecting Confidential Information shall not apply to the extent, but only to the extent, that such Confidential Information: (a) is already known to the Receiving Party free of any restriction at the time it is obtained from the Disclosing Party, (b) is subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (c) is or becomes publicly available through no wrongful act of the Receiving Party or any third party; (d) is independently developed by or for the Receiving Party without reference to or use of any Confidential Information of the Disclosing Party; or (e) is required to be disclosed pursuant to an applicable law, rule, regulation, government requirement or court order, or the rules of any stock exchange (provided, however, that the Receiving Party shall advise the Disclosing Party of such required disclosure promptly upon learning thereof in order to afford the Disclosing Party a reasonable opportunity to contest, limit and/or assist the Receiving Party in crafting such disclosure).
Exclusions. In addition to the items excluded under this section, Contractors cannot sell a Product that does not qualify as Software under the Contract. The following are examples of excluded Products: Consulting Services Cloud Products Implementation Customized Training Stand-alone Professional Services SKUs that equate to “blocks of hours” Lot 1 – Software Stand-alone Third Party Products Products that are provided under other Lots cannot be purchased under this Lot Configuration Services other than as set forth in Inclusions. Lot 2 – Hardware This Lot provides Authorized Users with a mechanism to purchase Products including Hardware, pre-packaged installation, configuration, training, extended warranties, maintenance/support, and, ancillary equipment and accessories offered by the Contractor in its Published Price List may be included under this Lot. Related Software which is bundled with the Hardware and is required for installation, configuration and is integral to the operation of the Hardware is acceptable for purchase under this Lot. This Related Software must be acquired and delivered at the time of the Hardware purchase. The Products must be commercially released Products and available for purchase through the Contractor’s normal marketing channels. Alpha, beta, experimental or unannounced equipment is outside the scope of this Contract. Contractor shall not offer stand-alone third party Products through this Contract. No Products deemed end of Manufacturer production or within six months prior to end of life are to be sold, except with prior written approval by the Authorized User. Products that are provided under other Lots shall not be purchased under this Lot. Lot 2 – Hardware Inclusions Appliances Server & Mainframe Hardware Storage Microcomputer Systems, System Peripherals & Accessories Telecommunications Hardware, System Peripherals & Accessories Key Systems Private Branch Exchange Desktop / Notebooks / Laptop / Tablets / Workstations Audio / Video Conferencing Hardware Pre-packaged Hardware Maintenance/Support for Contractor’s proprietary product line Pre-packaged Hardware installation and configuration services Configuration Services (Limited in amount to 10% of the net NYS Contract Price for the total Products being procured, not to exceed $25,000 total.) Hardware Training Packages (Remote and On-Site) that are standardized and prepackaged Fleet management (management of Hardware asset inventory) Har...