COMMERCIAL RISK Sample Clauses
The commercial-risk clause defines how the parties to a contract allocate and manage risks that arise from the normal course of business activities. Typically, this clause outlines which party is responsible for losses, damages, or unforeseen events that are considered inherent to the business relationship, such as market fluctuations or supply chain disruptions. By clearly assigning responsibility for these risks, the clause helps prevent disputes and ensures that both parties understand their obligations, ultimately promoting fairness and predictability in the contractual arrangement.
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COMMERCIAL RISK. The Contractor acknowledges that any risk assessment which has been, or may be, undertaken in connection with this Contract has been, or will be, a project management function only. Such risk assessment does not affect the legal relationship between the parties. The issuing of any risk assessment questionnaire and the process of risk assessment generally, including without limitation, the identification of (or failure to identify): - particular risks and their impact, or - risk reduction measures, contingency plans and remedial actions, shall not in any way limit or exclude the Contractor's obligations under this Contract and shall be entirely without prejudice to the Authority's rights, privileges and powers under this Contract. The risks identified as a result of any risk assessment questionnaire and risk assessment process generally remain the risks of the Contractor and are not assumed by the Authority except to the extent that the Authority expressly and unequivocally accepts those risks under the Contract.
COMMERCIAL RISK. 2.6.1 The Contractor acknowledges that any risk assessment which has been, or may be, undertaken in connection with this Contract has been, or will be, a project management function only. Such risk assessment does not affect the legal relationship between the parties. The issuing of any risk assessment questionnaire and the process of risk assessment generally, including without limitation, the identification of (or failure to identify):
2.6.1.1 particular risks and their impact; or
2.6.1.2 risk reduction measures, contingency plans and remedial actions shall not in any way limit or exclude the Contractor's obligations under this Contract and shall be entirely without prejudice to the Authority's rights, privileges and powers under this Contract. The risks identified as a result of any risk assessment questionnaire and risk assessment process generally remain the risks of the Contractor and are not assumed by the Authority except to the extent that the Authority expressly and unequivocally accepts those risks under the Contract. Any risk assessment questionnaire released was or will be issued by the Authority solely on this basis.
COMMERCIAL RISK. 26.1 The employee agrees that there are no contracts, restriction or other matters which would interfere with his/her ability to discharge the obligations under this agreement.
26.2 While performing the obligations under this agreement the employee has an obligation to immediately advise the employer of any conflict of interest or commercial risks in the following circumstances:
26.2.1 where the employee becomes aware of any potential or actual conflict between the employee’s interests and those of the employer; and/or
26.2.2 where there is a risk the employee could inadvertently disclose confidential information to the employer’s competitors, for example where a relative is employed in a similar business in the South Island.
26.3 Where the employer forms the view that a conflict of interest or commercial risk or other situation exists than in any way ▇▇▇▇▇ or potentially ▇▇▇▇▇ the employer’s interests, it may direct the employee to take action to resolve the problem and the employee shall comply with that instruction.
26.4 If in the employer’s opinion the employee has been unable to satisfactorily resolve the problem, the employer shall be entitled at its discretion to transfer the employee to an alternative position which the employer considers suitable, or if this is not possible, to terminate the employee’s employment on six (6) weeks’ notice or payment in lieu thereof.
26.5 Where an employee fails to declare a conflict of interest, or commercial risk, this may result in termination of employment without notice.
26.6 The employee shall not either directly or indirectly receive or accept for his/her own benefit or the benefit of any person or entity other than the employer, any gratuity, or payment of any kind from any person having or intending to have any business with the employer.
26.7 If the employer believes the employee may have entered into another employment arrangement, business relationship or activity which could being the employee into conflict with his/her obligation under this agreement or which might adversely affect his duty of fidelity to the employer, the employee will on request, make full disclosure to the employer of all relevant matters.
COMMERCIAL RISK. Stallholders choose to operate at your own commercial risk. Please make note of the above cancellation policy. NO refunds will be issued outside of this policy.Nightjar is not liable for any compensation relating to any actual or perceived loss as a result of extreme or inclement weather &/or festival cancellation.
COMMERCIAL RISK. Lessee bears all risk that the Equipment may become unusable for any reason, including without limitation, loss, theft, damage, destruction, defect, GOVERNMENTAL REGULATION, PROHIBITION, IMPRACTICABILITY OF USE, OBSOLESCENCE OR COMMERCIAL FRUSTRATION. No inability to use the Equipment shall result in the termination of any Lease or relieve Lessee from any of its obligations under any Lease.
COMMERCIAL RISK. 3.2.4.1 The Contractor acknowledges that any risk assessment which has been, or may be, undertaken in connection with the Contract has been, or will be, a project management function only. Such risk assessment does not affect the legal relationship between the parties. The issuing of any risk assessment questionnaire and the process of risk assessment generally, including without limitation, the identification of (or failure to identify):
COMMERCIAL RISK. 32.1 The Contractor acknowledges that any risk assessment which has been, or may be, undertaken in connection with this Contract has been, or will be, a project management function only. Such risk assessment does not affect the legal relationship between the parties. The issuing of any risk assessment questionnaire and the process of risk assessment generally, including without limitation, the identification of (or failure to identify):
32.1.1. particular risks and their impact, or
32.1.2. risk reduction measures, contingency plans and remedial actions, shall not in any way limit or exclude the Contractor's obligations under this Contract and shall be entirely without prejudice to the Authority's rights, privileges and powers under this Contract.
COMMERCIAL RISK. Lessee shall bear all risks in the event the Equipment leased herein shall be unusable to Lessee for any reason whatsoever, including, but not limited to, GOVERNMENT REGULATIONS, OBSOLESCENCE OR COMMERCIAL FRUSTRATION. Lessee agrees to be bound by all provisions of this Agreement and the Lease should the Equipment be or become unusable for any reasons whatsoever.