Carrier liability. The EC-Regulation (889/2002) on air carrier liability in the event of accidents. Regulation can be found here.
Carrier liability. CARRIER hereby assumes the liability of a motor carrier as provided in §14706 of Title 49 of the United States Code (the Xxxxxxx Amendment), and all claims for loss, damage and/or salvage will be handled and processed in accordance with 49 C.F.R. Part 370.
Carrier liability. Carrier shall be liable for, and shall indemnify and hold harmless the UTC Group and the Otis Group from and against any liability for, Taxes that are allocated to Carrier under this Section 2.
Carrier liability. Carrier shall be liable for, and shall indemnify and hold harmless the UTC Group and the Otis Group from and against any liability for:
(i) any stamp, sales and use, gross receipts, or other transfer Taxes imposed by any Tax Authority on any member of the Carrier Group (if such member is primarily liable for such Tax) on the transfers occurring pursuant to the Transactions;
(ii) any value-added or goods and services Tax imposed by any Tax Authority on any transfer occurring pursuant to the Transactions to the extent any member of the Carrier Group is the transferee with respect to the relevant transfer;
(iii) any Tax (other than Tax-Related Losses and Specified Income Taxes) (A) resulting from a breach by Carrier of any covenant made by Carrier in this Agreement, the Separation and Distribution Agreement, or any Ancillary Agreement or (B) imposed under Section 965(l)(1) of the Code as a result of Carrier or any member of the Carrier Group becoming an expatriated entity at any time during the ten-year period beginning on December 22, 2017 (within the meaning of Section 965(l) of the Code); and
(iv) any Tax-Related Losses and Specified Income Taxes for which Carrier is responsible pursuant to Section 7.05. The amounts for which Carrier is liable pursuant to Section 2.05(a)(i), (ii), and (iii) shall include all accounting, legal, and other professional fees and court costs incurred in connection with the relevant Taxes.
Carrier liability. The Carrier will be responsible for all damage to life and property due to activities of the Carrier, his subcontractors, agents or employees in connection with the utilization of the Capital Equipment leased from the Contractor pursuant to this Agreement. The Carrier shall indemnify and hold harmless the Contractor and the State and their employees from any and all claims, actions, suits, proceedings, costs, expenses, judgments, damages and liabilities, including reasonable attorneys' fees, arising out of or resulting from acts or omissions of the Carrier, its contractors, subcontractors, agents or employees, relating to the utilization of the Capital Equipment.
Carrier liability. 8.1 Unless the shipper declares a higher value as provided at Clause 8.5, Carrier’s liability for loss or damage occurring during any portion of the Carriage shall be limited to a maximum of $500 per package of the portion of Goods adversely affected, or for Goods not shipped in packages, per customary freight unit. In the event of loss or damage subject to mandatory applicable law which invalidates Carrier’s otherwise applicable maximum contractual liability hereunder, Carrier’s liability shall be limited to the lowest amount permissible by / in accordance with such applicable law unless the shipper declares a higher value as provided at Clause 8.5.
8.2 In any and all events, nothing in this document shall constitute a surrender of any liability immunity or limitation inuring to Carrier’s benefit under any applicable law, even if such immunity or limitation by law results in a liability of Carrier less than the otherwise applicable maximum contractual liability hereunder.
8.3 When it cannot be ascertained at what stage of Multi-Modal Transportation loss or damage occurred, it shall be presumed to have occurred during periods of inland (surface) transportation, where and to the fullest extent permissible under applicable law.
8.4 For purposes of Carrier’s liability, and for good and valuable consideration to Merchant in the form of freight rate, the package or customary freight unit shall be the object and unit referred to in the “No. of Pkgs.” column on the face of this document and in the absence of designation in such column shall be deemed the Container. Liability for a vehicle shall never exceed liability for one package.
8.5 The Merchant may avoid the agreed values hereunder and the liability limitations hereunder, or any other liability limitation imposed by applicable law, by unequivocally declaring the value of the Goods for liability purposes to Carrier in writing prior to Carriage and paying Carrier an ad valorem freight rate. Such declared value shall only be binding upon Carrier to the extent also memorialized by Carrier by indication on the face of this document as issued by Carrier. Carrier’s knowledge of the value of Goods and/or Merchant’s declaration of the value of the Goods to Carrier in regular course or for any other purpose, such as for Customs or insurance purposes, shall in no event constitute a declared value of the Goods to Carrier for liability purposes.
8.6 In no event shall Carrier be liable for special, incidental or conseque...
Carrier liability. (A) VTI's liability for any claim or loss, expenses or damage (including indirect, special or consequential damage) arising out of mistakes, for any interruption, delay, error, omissions, or defects in any service, facility, or transmission provided under this Agreement shall not exceed an amount equivalent to the proportionate monthly subscription fee charged to the Customer for the period of service or the facility provided during which such interruption, delay, error, omission, or defect occurs. Any adjustment shall applyonly to the period the interruption, delay, error, omission, or defect continues beyond twenty-four
Carrier liability. 20.1 In the event that either: (i) the Sponsor delivers, ships or mails (Transports) substances, samples, material or documents (Packages) to Covance; (ii) the Sponsor requests that Covance Transports Packages; or (iii) Covance Transports Packages as part of the Services to the Sponsor, a Sponsor Affiliate, another Covance entity or a third party, then the expense and risk of damage (insurance) and loss of the Packages for such Transport together with any expenses required under applicable Regulatory Requirements shall be borne by the Sponsor; provided however if such damage or loss of the Packages arises as a direct result of Covance’s negligence or intentional misconduct in the manner in which the Package was prepared for shipment, or the manner and time in which it was consigned for shipment, or the way in which the Package was transported by Covance, then Covance shall bear such damage or loss in proportion to the percentage of Covance’s responsibility for such damage or loss.
20.2 Subject to the foregoing, Covance shall have no liability whatsoever for any loss or damage to the Packages or delay, non-delivery or non-collection of the Packages caused by the acts or omissions of any third party delivery services or carrier (Carrier). Notwithstanding the foregoing, to the extent permitted by law, Covance shall have the benefit of any right or remedy permitted under international or domestic law and any sums recovered by Covance from a Carrier as a consequence of a loss incurred by the Sponsor due to the Carrier’s involvement with the Services shall be paid to the Sponsor. For the avoidance of doubt, a Carrier is not considered a Subcontractor for the purposes of this Agreement.
20.3 Unless otherwise agreed in writing between the Parties, any physical Deliverables to be shipped to the Sponsor shall be to the delivery address specified in the Work Order. Upon delivery of any physical Deliverables, the Sponsor shall be responsible for carefully examining such Deliverables. The Sponsor shall be deemed to have accepted such Deliverables if Covance has not been notified by the Sponsor within thirty (30) business days of delivery of any defect in such Deliverables.
Carrier liability. 9.1. To the maximum extent permitted by Relevant Laws, the Carrier excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision or use of the Services, any Order and this agreement.
9.2. Nothing contained in this agreement or any Order excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Xxx 0000 (Cth) or any other equivalent legislation in other jurisdictions (as the context permits) where to do so is unlawful.
9.3. To the maximum extent permitted by Relevant Laws, the Carrier will not be liable to the Sender, consignee or anyone else for: (a) direct, indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or (b) loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, downtime costs, loss of use, failure to realise anticipated savings, loss of contracts or interest, loss of opportunity or expectation loss or loss of production; or (c) loss of or damage to Permitted Goods or any other property or any personal injury or death to the Sender, consignee or any third person, arising out of, relating to or connected to the provision or use of the Services, any Order and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
9.4. Under no circumstances will the Carrier’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees (or any other amount) paid by the Sender to the Carrier under the relevant Order (that is the subject of the claim) in the preceding 1 month of the claim.
9.5. To the maximum extent permitted by Relevant Laws, the Sender agrees to defend, indemnify and hold the Carrier, its Affiliates and its Representative (collectively, the “Indemnified”) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result ...
Carrier liability. A. Carrier shall be liable for Losses from an ATM if such losses result from Carrier's actions, or failure to act, including without limitation (a) kidnapping or robbery of Carrier employees, (b) negligence or dishonesty of Carrier employees, management or owners, or (c) damage to Currency cassettes or cartridges caused by Carrier.
B. Carrier shall not be liable for Losses resulting from (a) ATM equipment hardware malfunction, (b) currency dispensed due to mistake for fraudulent instruction, manually or electronically transmitted to an ATM, (c) access to the ATM by a third party which access is not made possible by Carrier, or (d) breaking and entering or burglary to the ATM. By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxx X. XxXxxxx Print: Xxxxxxx Xxxxxx Print: Xxxxxx X. XxXxxxx Title: Vice President Title: CEO Date: 10/14/09 Date: By: /s/ Xxxxxx X. XxXxxxx By: /s/ Xxxxx Xxxxxxxx Print: Xxxxxx X. XxXxxxx Print: Xxxxx Xxxxxxxx Title: CEO Title: SVP and General Counsel Date: Date: 10/8/09
I. CURRENCY FEES.
A. ATM Owner/Manager will be charged a "Cash Rate", defined as the highest Prime Rate as published by The Wall Street Journal for the applicable month per the schedule below, for the Cash Balance by terminal. 1,000,0001+ Prime – 1.25% The cash rate as quoted above will be applied as a "step rate" and not a "blended rate", meaning, as the outstanding cash balance moves into a higher rate tier, the rate will apply to the entire cash balance. For example, a monthly outstanding balance of $1,875,000 would have a flat rate of Prime minus 25 basis points applies to the entire balance. Alternatively, a monthly outstanding balance of $2,875,000 would have a flat rate of Prime minus 50 basis points applies to the entire outstanding balance.
B. The "Cash Balance" will be determined by taking the average cash in the terminal multiplied by • a Factor of X. The Factor is determined by the frequency of cash loads during the course of one month of services. Factor Schedule for service frequencies as follows: Every 28 day Service = 1.25; Bi-Weekly Service = 1.45; Weekly Service =1.8; Semi-Weekly Service = 2.55. Vault Cash valuation example: ATM is loaded with $10,000 on 1/1, serviced on 1/31 and $2,000 residual cash remains in the ATM. The average cash in the terminal is ($10,000 load + $2,000 residual) / 2, = to $6,000. $6,000 * 1.25 factor = $7,500 (the Cash Balance). For this example, Prime = 7% and the Cash Rate is Prime + 2%, or 9%. Cash Balance $7,500.00 Times Cash Rate 9.00...
