Cargo Loss Sample Clauses

Cargo Loss any loss or destruction of Cargo that occurs while the Cargo is under LOOMIS’ sole care, custody and control or as otherwise described herein.
Sample 1
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Cargo Loss i. The carrier shall solely liable for loss or damage to any cargo transported under this agreement including loading or unloading if required). Such liability shall begin at the time the cargo is being loaded and conclude after the completion of the unloading of the freight.
Sample 1
Cargo Loss. 7.1 ParcelPal be liable to Oco Meals for loss, damage, or injury to the shipment(s) while such shipment(s) are in the possession or under the control of ParcelPal (including its subcontractors or agents) or resulting from ParcelPal (including its subcontractors or agents) performance of or failure to properly perform the transportation services provided for in this agreement or arising from any cause while in the possession of or under the control of ParcelPal (including its negligence); provided, however, that ParcelPal shall not be liable for any loss, damage or injury arising out of the acts or omissions of Oco Meals’ fridge space or Oco Meals’s consignees, employees or subcontractors of either, Force Majeure Event, the inherent nature of the shipment, their packing or packaging or the loading and unloading of the shipments by Oco Meals.
Sample 1
Cargo Loss. The BROKER/CARRIER shall maintain property/casualty insurance and other liquid assets to cov- er the loss of any cargo for any reason while in the custody and control of the BROKER/CARRIER, with mini- mum coverage of $100,000.00 per occurrence. Cargo coverage must cover all types of commodities without exclusion. If BROKER/CARRIER carries a deductible or is self-insured for all or part, the BROKER/CARRIER and its owners personally, guaranty to make payment for any amount not covered by their insurance carrier within 7 days of a loss.
Sample 1
Cargo Loss. A. Carrier assumes the liability of an insurer for the prompt and safe transportation of the property entrusted to it's care and shall be responsible to Broker and Broker's customer for all loss or damage of whatsoever kind and nature and however caused to any and all property entrusted to Carrier under this contract, while the property transported remains in the care, custody or control of Carrier, of any other person to whom Carrier may have entrusted the property between the time the property is tendered to Carrier and before the property is delivered by Carrier as required under this Agreement.
Sample 1
Cargo Loss. CARRIER shall be liable to BROKER for the full actual value of any loss, damage or injury to shipments tendered to it for transportation, except insofar and to the extent that such loss, damage or injury shall have resulted from the causes excepted in the straight Bill of Lading published in the National Motor Freight Classification, the terms of which are incorporated by reference. BROKER shall file any claim arising under this paragraph with CARRIER within nine (9) months of the delivery or loss of the shipment and bring suit within two (2) years from the date of any claim's declination. In the event BROKER shall fail to comply with these time limits, the claim that is not timely filed shall be barred and CARRIER shall have no liability to BROKER for the loss alleged. Status of Carrier CARRIER shall perform the transportation contemplated by this Agreement as an independent contractor, and neither its employees nor its agents shall be deemed to be those of the BROKER. CARRIER shall be responsible for the procuring and operating the vehicles and the employment, hiring, training, supervising and controlling its drivers and helpers. CARRIER shall be responsible for the safe and lawful operation of the vehicles used in the performance of the transportation contemplated by this Agreement and shall hold BROKER harmless for any penalties, fines, assessments, claims or judgments resulting from the operation of the vehicles. Expenses CARRIER shall bear the costs and expenses of furnishing all fuel, oil, tires, and any other parts, supplies and equipment, necessary or required for the safe operation and maintenance of the equipment. CARRIER shall bear all expenses, including the expense of road service and repair in connection with the use and operation of the equipment and shall bear the cost and expense of maintaining the equipment in good repair and mechanical condition. Freight Documentation The Uniform Freight Documentation form set forth as Addendum “B” may be utilized by the Parties. The terms and conditions of this Agreement shall prevail over those appearing on that form or any other form(s) used by the Parties for the delivery of freight. Any form(s) used by the Parties shall only be used for the purpose of documenting the pick-up and delivery of freight. Either Party, at its option, may supply any document required by or referenced in this Agreement in either paper or electronic form (including, but not limited to, an electronically imaged, faxed, photo...
Sample 1

Related to Cargo Loss

  • Partial Damage - Uninsured Loss If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall be effective sixty (60) days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee shall have the right within ten (10) days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are available. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice.

  • Partial Damage - Insured Loss If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee's responsibility) as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the improvements, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within ten (10) days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said ten (10) day period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within ten (10) days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect, or have this Lease terminate thirty (30) days thereafter. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

  • Casualty Loss If in Owner’s reasonable judgment the premises or the Property is materially damaged by fire or other casualty, Owner may terminate this Agreement within a reasonable time after such determination, by written notice to Resident, in which case Owner will refund prorated, pre-paid rent and all deposits less lawful deductions unless Resident and/or Resident’s guest(s) caused the casualty, in which case all funds on account will be applied to all applicable charges related to the damages and Resident will be responsible for the balance of all charges for repairs. If following a fire or other casualty Owner has not elected to terminate this Agreement, Owner will rebuild the damaged areas within a reasonable time, and during such reconstruction, Resident will be provided a reasonable rent reduction for the unusable portion of the premises unless Resident and/or Resident’s guest(s) caused the casualty.

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