Common use of Damage Cover Clause in Contracts

Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and (b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.

Damage Cover. 5.1. Subject to this Clause 5, if the Vehicle is involved in an Incident (not being an Excluded Incident) you may request to purchase damage cover in respect of that Incident by providing an Incident Report to us and paying the Liability Fee in accordance with this Clause 5. When purchasing damage cover, you warrant that you are entitled to do so under Clause 5.2, and you agree that: (i) we may bring, defend or settle legal proceedings in relation to the Incident in your name and shall have sole conduct of any related proceedings or settlement negotiations; and (ii) any rights that you at any time have or might have against any other person (except for any personal injury) because of the Incident are assigned to us (“the Assigned Rights”). Subject to the terms of this Agreement, provided you are entitled to purchase damage cover at the time the Liability Fee is paid by or charged to you and that you do not breach this Agreement after the Incident, if you purchase damage cover we will indemnify You up to an aggregate limit of $50,000 (inclusive of legal costs and interest) in respect of: (a) any loss or damage to the Vehicle; and (b) any Judgment obtained by a Third Party in a Court against you for any property loss or damage arising from that Incident.and