Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers.
Damage to Equipment. The Parties shall exercise all necessary precautions to avoid causing damage to the other Party’s poles and Equipment and other pole attachers’ Equipment and shall assume responsibility to each other for any and all loss from any damage to the other Party’s poles or Equipment and reimburse the other Party for the entire expense incurred in making such repairs. Each Party shall assume responsibility to third parties for any and all loss from any damage caused to third party’s Equipment by such Party and shall reimburse such third party for the entire expense incurred in making repairs.
Damage to Equipment. The Client will be responsible for any damage or loss to the Contractor’s equipment due to misuse or theft by the Client or any guest of the Client and in the case of a force majeure event (including but not limited to fires, floods, inclement weather, and earthquakes).
Damage to Equipment a. Motor Carrier shall pay to Provider the reasonable and customary costs to repair Damages done to Equipment during Motor Carrier’s possession. [Revised 09/01/09]
1) A Provider will determine the Motor Carrier that it will invoice for Damage to Equipment that occurred during the Interchange Period. [Revised 01/01/18)
2) To be valid, invoices must detail the repairs done; include a copy of the actual repair bill upon which the invoice is based and include the factual documentation supporting the Provider’s determination that the Motor Carrier is responsible. In instances where a copy of the actual repair bill is not available to Provider, documentation containing the repair vendor’s name, repair date, location and a control number that ties the documentation to the invoice provided to the Motor Carrier is acceptable, in lieu of the actual repair bill. In the case of a gate transaction using Recorded Images such documentation must include images depicting the condition of the Equipment at the time of that Interchange. [Revised 10/01/18]
b. Where the reasonable and customary cost to repair exceeds the casualty loss value as determined in Section E.2.a hereof, the Motor Carrier shall be obligated only for the lesser sum.
c. Parties shall invoice repair costs no later than the following timeframes: If Parties are not invoiced within the established timeframes, the right of the Invoicing Party to recover such charges will be lost: [Revised 01/26/15]
1) Standard Gate System (manned) or Interchange between Motor Carriers: Invoices for repair of Damages must be issued no later than 165 calendar days from the date of Interchange at the time the Damage was documented. [Revised 06/13/16]
2) Gate transactions using Recorded Images: Invoices for repair of Damages must be issued no later than 120 calendar days from the date of Interchange at the time the Damage was documented. [Revised 10/01/18]
3) Invoices for repairs made during the Interchange Period must be issued no later than 90 calendar days from the date of the repair. Provider may, in its Addendum, adopt a shorter billing timeframe, which is no less than 45 days, and applies to both the Motor Carrier and Provider. [Revised 01/26/15]
4) The above timeframes shall not apply with respect to any Equipment that has been placed on hold at the request of any of the Parties because the Equipment was involved in an incident that could give rise to a claim or litigation. The applicable timeframe shall begin to run from t...
Damage to Equipment. Customer shall be liable and indemnify and hold BluIP harmless, for any damage to BluIP or third party rented Equipment, facility, or system caused by: (a) negligent or willful acts or omissions of Customer or its Related Parties, or otherwise attributable to Customer, or its Related Parties in violation of the Agreement; and, (b) malfunction or failure of any equipment or facility provided by Customer or its Related Parties.
Damage to Equipment. The Client will be responsible for any damage or loss to the Provider’s equipment due to misuse by the Client or any guest of the Client and in the case of theft or damage (due, but not limited, to fire, flood, or earthquake). If the Provider judges the weather during the course of the Event to be inclement and thus unsafe, they reserve the right to cease operations for the safety of the equipment and of the Event’s attendees, in which case no refund will be given.
Damage to Equipment. Lessee shall be liable to Lessor for all loss or damage to the Equipment, while it is in the possession of Lessee, regardless of the cause or origin of such loss or damage, except as limited by Section 19. Subject to the provisions of Section 8 hereof, Lessee shall advise Lessor within seven (7) days of the receipt of the Equipment of any shortages or damage claim which it might have and unless such notice is given within such period such claim for shortage or damage shall be invalid and unenforceable. In the event of partial loss or damage to the Equipment, Lessee shall immediately notify Lessor of such, and if its failure to so notify Lessor results in additional or consequential damage to Lessor, Lessee agrees to incur to the exclusion of all others and pay for all such damages. The repair of the damaged Equipment will be governed by Section 19.
Damage to Equipment. The Lessee shall be liable to the Lessor for all loss or damage to the Equipment while it is in the possession of the Lessee, regardless of the cause or origin of such loss or damage, accept as limited by Section 16. In the event of damage to Equipment, the Lessee shall immediately notify Lessor of such.
Damage to Equipment. A Flight Attendant shall not be required to pay for damage or loss of Company property on or off any aircraft while performing his/her regular duties, unless caused by the negligence or intentional misconduct of the Flight Attendant.
Damage to Equipment. Lessee shall immediately notify Maxim of any damage to the Equipment . All repairs to the Equipment occasioned by damage during the term hereof shall be at the expense of Lessee (excluding latent manufacturing defects in the Equipment), including, but not limited to, fire, flood, theft, comprehensive losses, collision and/or rollover and Acts of God. All repairs must be authorized by Maxim. All repairs must meet manufacturer specifications and the Equipment must be certified by the manufacturer. If, upon Lessee's return of the Equipment, Maxim determines that the Equipment has been subject to damage or excess wear and tear, improper usage or usage in excess of that permitted hereby, Lessee agrees to pay Maxim immediately upon demand the amount necessary to restore the Equipment to the same condition as when initially leased, ordinary wear and tear from normal use excepted. All risk of loss or damage to the Equipment, accidental or otherwise, shall be borne exclusively by Lessee. Maxim and Lessee acknowledge and agree that the replacement value of the Equipment set forth on the respective Equipment Order Form shall be deemed the value of the Equipment in order to establish the amount of the loss or damage thereto. It is understood that no rent, whether previously paid or due, shall apply to or offset the amounts due from Lessee for such loss or damage to the Equipment. The Lease term and rental period for the particular Equipment shall continue to run until all repairs to such Equipment are fully completed to the sole satisfaction of Maxim, the rent and repair expenses are fully paid (excluding latent manufacturing defects in the Equipment), and the Equipment is returned to Maxim in the same condition as initially leased to Lessee, ordinary wear and tear excepted.
