GREATER. If you live in a jurisdiction that does not allow any of the above exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you, but only to the extent such exclusions or limitations are not allowed. In no event shall Cue be liable to you for damages (other than as may be required by applicable law in cases involving personal injury). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
GREATER. Except as set forth in this Section 5.B, the Company shall have no other obligations to You. The Company's obligation to provide the payments set forth in this Section 5.B above shall be conditioned upon the following (the "Separation Conditions"):
GREATER. The Applicable Margin shall be adjusted on the first day of each March, June, September and December (or, if such day is not a Business Day, on the next succeeding Business Day), based on the Total Leverage Ratio as of the last day of the preceding Fiscal Quarter. If the Borrower should fail to deliver in a timely manner a certificate required under Section 7.1.1(d) hereof, then, until the Borrower shall have provided such certificate, it shall be 10 presumed that the Total Leverage Ratio as of the end of the preceding Fiscal Quarter was greater than 4.50 (and, from the date of the delivery of such certificate, the Applicable Margin for all Base Rate Loans and Eurodollar Rate Loans shall be determined by reference to such certificate).
GREATER. If you live in a jurisdiction that does not allow any of the above exclusions or limitations of liability or any of the disclaimers of warranties above, such exclusions or limitations will not apply to you, but only to the extent such exclusions or limitations are not allowed. In no event shall Cue be liable to you for damages (other than as may be required by applicable law in cases involving personal injury). NEITHER CUE NOR ANY OF ITS SUPPLIERS OR LICENSORS (EXCEPT TO THE EXTENT OF ANY LIABILITY BY 98POINT6) SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE OR OTHER HEALTHCARE ITEMS AND SERVICES THAT YOU OBTAIN FROM 98POINT6, ANY AGENT OR CONTRACTOR OF 98POINT6 OR A PHYSICIAN AFFILIATED WITH 98POINT6 VIA THE TELEHEALTH SERVICE PROVIDED BY 98POINT6 THROUGH THE CUE HEALTH APP NOR FOR ANY INFORMATION OBTAINED FROM THE TELEHEALTH SERVICES. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY PHYSICIANS OR OTHER PERSONS OR INFORMATION PROVIDED BY THE TELEHEALTH SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. Cue does not make any representations or warranties about the training or skill of any physicians or other persons providing telehealth services. You are ultimately responsible for choosing your particular physician through the telehealth services furnished by 98point6. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
GREATER for itself, its successors and assigns, hereby covenants and agrees that the Option Agreement is now and shall be subject and subordinate to the lien of the Mortgage and to any now existing or future extensions, consolidations, modifications or renewals thereof, advances thereunder, or supplements thereto, with the same force and effect as if the Mortgage and such future extensions, consolidations, modifications or renewals thereof, advances thereunder or supplements thereto had been executed, acknowledged, delivered and recorded prior to the execution, acknowledgment and delivery of the Option Agreement.