Catastrophic Losses. Any account representing more than ten percent (10%) of a marketing consultant and sales representative’s annual revenue quota that goes out of business and/or leaves our market will be removed from the marketing consultants or sales representative’s goals. The adjustment to period and corresponding quarterly goal will take effect on the first day of the following period. The ongoing period goal adjustments will continue for twelve (12) months, based upon the previous 12 months account history each period.

Catastrophic Losses. Any account representing more than ten percent (10%) of the account manager’s annual revenue quota that goes out of business and/or leaves our market will be removed from the account manager’s goals. The adjustment to period and corresponding quarterly goal will take effect on the first day of the following period. The ongoing period goal adjustments will continue for twelve (12) months, based upon the previous 12 months account history each period.

Catastrophic Losses. Notwithstanding anything herein to the contrary, Contractor Group shall not be liable for and Company shall release, protect, defend, indemnify and hold harmless Contractor Group from and against any and all Losses resulting from: (i) radioactivity at Company’s worksite, (ii) reservoir or underground damage, including, without limitation, loss of oil, gas, other 5 3510625v1 mineral substances, water, and the wellbore, including the costs for any re-drilling, sidetracking, fishing or re-working, (iii) subsurface trespass or any action in the nature thereof, and (iv) fire, explosion, wild well and/or blowout, including, without limitation, the costs of controlling, cleaning and removal of each of the foregoing uncontrolled well conditions; in each case, REGARDLESS OF FAULT.

Catastrophic Losses. Subject to the terms of Paragraph 4.B. above, xxxx otherwise notwithstanding any other provision of this Contract to the contrary, Petrohawk agrees, to defend, indemnify, and hold harmless Contractor Group from and against any and all claims for personal injury, death, property (whether real or personal, owned or leased) loss and damage resulting from: (i) radioactivity (excluding exposures during transportation to and from the Work site by any member of Contractor Group); (ii) performance of services to control a wild well, including, without limitation, the costs of controlling a wild well; (iii) reservoir or underground damage, including, without limitation, loss of oil, gas, other mineral substances, water, and the well bore; and (iv) subsurface trespass or any action in the nature thereof; except to the extent such injuries, deaths, losses, or damages, are caused by the sole or concurrent negligence or willful misconduct of a member of Contractor Group.

Catastrophic Losses. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYER XXXXXX AGREES TO ASSUME THE ENTIRE RESPONSIBILITY AND LIABILITY FOR, AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD IOC AND ITS AFFILIATES, AND ITS AND THEIR SUBCONTRACTORS AND ITS AND THEIR EMPLOYEES HARMLESS FROM AND AGAINST CLAIMS, LIABILITIES, AND EXPENSES ARISING FROM: (A) LOSS OR DAMAGE (I) TO ANY GEOLOGICAL FORMATION, STRATA, OR OIL OR GAS RESERVOIR OR MINERALS RESOURCE BENEATH THE SURFACE OF THE LAND OR WATER; (II) FOR THE LOSS OF OR DAMAGE TO ANY HOLE(S) OR WELL(S); AND (III) FOR ANY IMPAIRMENT OF ANY PROPERTY RIGHTS OR OTHER INTERESTS IN OR TO ANY OIL, GAS, OR MINERALS RESOURCES RESULTING FROM BLOWOUT, FIRE, CRATERING, OR ANY OTHER CAUSE; (B) POLLUTION OR CONTAMINATION BELOW THE SURFACE OF THE LAND, SEABED, OR WATER, RESULTING FROM BLOWOUT, FIRE, CRATERING, SEEPAGE, OR ANY OTHER UNCONTROLLED FLOW OF OIL, GAS, OR MINERAL OR ANY OTHER SUBSTANCE; (C) PERSONAL INJURY, DEATH, OR PROPERTY INJURY RESULTING FROM A WILD WELL; COST OF CONTROL OF A WILD WELL, UNDERGROUND OR ABOVE THE SURFACE; AND (D) PERSONAL PROPERTY, DEATH, OR PROPERTY INJURY THAT RESULTS FROM POLLUTION OR CONTAMINATION; REGARDLESS OF WHETHER OR NOT THE CLAIMS, LIABILITIES, OR EXPENSES ARE OCCASIONED BY OR RESULT FROM THE ACTUAL OR ALLEGED NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, FAULT, OR OTHER WRONGFUL CONDUCT OF ANY ONE OR MORE OF THE IOC OR ITS SUBCONTRACTORS OR ITS OR THEIR EMPLOYEES, OR ANY OTHER PERSON, OR ENTITY, IN WHOLE OR IN PART, WHETHER SOLE, JOINT, ACTIVE, OR PASSIVE, AND EVEN IF BUYER IS WITHOUT ANY LEGAL FAULT OF ANY KIND CAUSING THE ALLEGED CLAIM, LIABILITY OR EXPENSE. THE OBLIGATIONS HEREUNDER SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Catastrophic Losses. Notwithstanding Article 11.2, Client shall be responsible for and shall release, defend, indemnify and hold harmless Excellence Logging Group from and against all losses, including those of Third Parties, arising from or relating to the performance of the Agreement in respect of: (i) Any loss or damage to any property and/or injury to or death of any person arising out of blowout, fire, explosion, cratering, seepage or uncontrolled well or pipeline flow of oil, gas or other substance underground or above the surface of earth or water; (ii) Loss or damage to any well or hole, drilling rig, vessel, pipeline or a section of pipeline, platform or storage facility, production facility or facilities owned, controlled or operated by Client Group, including but not limited to escape of any substance therefrom; (iii) The cost of killing or control of a wild well or pipeline, underground or above the surface of earth or water, including the clean-up of debris therefrom or from an ensuing fire and cost of re-drill; (iv) Any damage or destruction of or loss or impairment of any property right in or to oil, gas or other mineral substance or water whilst still in the reservoir, for any loss or damage to any geological formation or reservoir damage or destruction of or loss of hydrocarbons when extracted or the well bore itself; (v) The use of radioactive sources or any contamination resulting therefrom (including retrieval and/or containment, clean up and/or containment of contamination from naturally occurring radioactive materials; irrespective of cause and notwithstanding the negligence, breach of duty (whether statutory or otherwise), gross negligence, violation of Applicable Laws or any other fault of Excellence Logging Group.

Related to Catastrophic Losses

Catastrophic Leave The County will administer a Catastrophic Leave procedure designed to permit individual donations of annual leave, vacation, healthcare leave (8 hours maximum per fiscal year), compensatory and/or PIP leave time to an employee who is required to be on an extended unpaid leave due to a catastrophic medical condition or other serious circumstances.
Catastrophic Leave Program Leave credits, as defined below, may be transferred from one (1) or more employees to another employee, on an hour-for-hour basis, in accordance with departmental policies upon the request of both the receiving employee and the transferring employee and upon approval of the employee's appointing authority, under the following conditions: A. The receiving employee is required to be absent from work due to injury or the prolonged illness of the employee, employee's spouse, registered domestic partner, a domestic partner listed on an “Affidavit for Enrollment of Domestic Partners,” submitted to employee benefits, parent or child, has exhausted all earned leave credits, including but not limited to sick leave, compensatory time, holiday credits and disability leave and is therefore facing financial hardship. B. The transfers must be for a minimum of four (4) hours and in whole hour increments thereafter. C. Transfers shall be allowed to cross-departmental lines in accordance with the policies of the receiving department. D. The total maximum leave credits received by an employee shall normally not exceed five hundred twenty (520) hours; however, if approved by his/her appointing authority, the total leave credits may be up to one thousand forty (1,040) hours. Total leave credits in excess of one thousand forty (1,040) hours will be considered on a case-by-case basis by the appointing authority subject to the approval of the Chief Administrative Officer. E. The transfers are irrevocable, and will be indistinguishable from other leave credits belonging to the receiving employee. Transfers will be subject to all taxes required by law. F. Leave credits that may be transferred under this program are defined as the transferring employee’s vacation credits or up to twenty-four (24) hours of sick leave per fiscal year. G. Transfers shall be administered according to the rules and regulations of the Auditor and Controller, and made on a form prescribed by the Auditor and Controller. Approvals of the receiving and donating employee, the donating employee's appointing authority and the receiving employee's appointing authority (in the case of an interdepartmental transfer) will be provided for on such form. H. This program is not subject to the Grievance Procedure of this Agreement.
Catastrophic Leave Bank The City agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Catastrophic Leave Bank (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee. Eligibility To be eligible for this benefit, the receiving employee must: 1) Be a regular full time employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker's Compensation.
Consequential Losses Except as otherwise specifically provided herein, neither Party shall be liable to the other Party for any indirect, incidental or consequential loss or damages irrespective of the causes, thereof including fault or negligence.
Compensation for Damage or Loss 1. Investors of one Contracting Party whose investments in the territory of the other Contracting Party suffer losses owing to war or other armed conflict, revolution, a state of national emergency, revolt, insurrection or riot or other similar events in the territory of the latter Contracting Party, shall be accorded by the later Contracting Party to treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that which the latter Contracting Party accords to its own investors or to investors of any third Party whichever is the most favourable. 2. Without prejudice to paragraph 1 of this Article, investors of one Contracting Party who in any of the events referred to in that paragraph suffer damage or loss in the territory of the other Contracting Party resulting from: a) Requisition of their investment or property by its forces or authorities, b) Destruction of their investment or property by its forces or authorities which was not caused by combat action or was not required by the necessity of the situation, Shall be accorded prompt and adequate compensation for the damage or loss sustained during the period of requisitioning or as a result of the destruction of the property. Resulting payments shall be freely transferable in freely convertible currency without undue delay.
Damage or Loss 3.1 All laptops and batteries are covered by a manufacturer’s warranty. The warranty covers manufacturer’s defects and normal use of the laptop. It does not cover negligence, abuse, malicious or accidental damage.(e.g cracked LCD screens are not covered under warranty) 3.2 Any problems, vandalism, damage loss or theft of the laptop must be reported immediately to the school. 3.3 In the case of a suspected theft a police report must be made by the family and an event number provided to the school. 3.4 In the case of accidental loss or damage a witnessed statutory declaration signed by the parent/carer should be provided and a major damage or loss report must be filled out by the student. The repair costs are subsidised. (No charge for labour). 3.5 If a laptop is damaged or lost the principal will determine whether replacement is appropriate and/or whether or not a student retains access to a laptop for home use. 3.6 Students will be required to replace lost or damaged chargers.
DATA LOSS The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
Casualty Losses In the event that more than twenty-five (25%) of the square footage of the demised premises is damaged, destroyed, or rendered untenantable by fire or other casualty, Landlord may elect to terminate this lease by giving notice of such election to Tenant on or before the day which is ninety (90) days after such fire or other casualty, stating the date of termination, which termination shall be not more than thirty (30) days nor less than twenty-one (21) days after the date on which such notice of termination shall have been given; and (1) upon the date specified in such notice this lease and the term hereof shall cease and expire; and (2) any fixed annual rent and additional rent paid for a period after such date of termination shall be refunded to Tenant upon demand. If the leased premises are damaged or destroyed in whole or in part by fire or other casualty and the Tenant(s) do not want to terminate the lease, then the obligations of Tenant to pay fixed rent and to perform all of the other covenants and agreements on the part of Tenant to be performed pursuant to this shall not be diminished or affected.
Casualty Damage If fire or other casualty cause damage to the Premises in an amount exceeding thirty percent (30%) of the full construction-replacement cost of the Premises, Landlord may elect to terminate this Lease as of the date of the damage by notice in writing to Tenant. In the event that the damage to the Premises is less than thirty percent of the full construction-replacement cost of the Premises, or if more than thirty percent, but Landlord elects not to terminate the Lease, Landlord shall promptly repair the damage and restore the Landlord's Improvements to their former condition as soon as practicable. Tenant's Improvements , trade fixtures, personal property and any alterations to the Premises made by Tenant shall be replaced by Tenant at Tenant's expense. In the event of such casualty, Tenant shall not be entitled to any abatement of rent; instead, Tenant shall look to Tenant's Business Interruption Insurance. Tenant shall not be entitled to any compensation or damages from Landlord for loss of the use of the whole or part of the Premises or the Park, or any inconvenience or annoyance occasioned by such damage or reconstruction. Notwithstanding the foregoing, within fifteen (15) business days of fire or casualty, Landlord shall provide to Tenant in writing a reasonable estimate of the time required to repair the damage and restore the Landlord's Improvements to their former condition. If such estimate exceeds one hundred fifty (150) days, Tenant may terminate this lease by written notice to Landlord to be given within fifteen business (15) days of receipt of Landlord's estimate, after which Tenant's right to terminate shall lapse. The termination shall be effective as of the date that Landlord receives the notice.
Exclusion of Consequential Loss ‌ Except as expressly provided otherwise in clause 31 or the IRMP Provisions which form part of this Agreement under clause 3, neither Party is liable to the other under or in connection with this Agreement (including under an indemnity) for any Consequential Loss however caused (including any breach of this Agreement or negligent act or omission of a Party).

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