Damage Waiver. In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this provision or this Agreement shall restrict or limit a Party’s right to recover liquidated damages as set forth in these Terms & Policies.
Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof; provided that, nothing in this clause (d) shall relieve Borrower of any obligation it may have to indemnify an Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party.
Damage Waiver. 18.1 Encore Monitoring has available and may offer at its discretion an optional rental equipment damage waiver facility for certain items of Equipment. If the Customer seeks the waiver and it is available, the monthly rental will be increased by a fee. This waiver does not cover theft or loss of the Equipment or damage to the Equipment caused by the negligence of the Customer or to any damage caused to the Equipment other than in the course of its proper use and provided further:
(a) the Customer notifies Encore Monitoring within 2 business days of the damage;
(b) the Customer pays to Encore Monitoring an amount equivalent to an undiscounted 1 month's rental fee and damage waiver fee within 14 days of date of invoice for this amount.
19.2 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if the damage to Equipment was directly or indirectly the result of:
(a) Misuse or use contrary to instructions; or
(b) Malice or any deliberate act; or
(c) Negligence or want of care; or
(d) An act or omission by any person who is not the Customer or in the Customer's direct employ; or
(e) Damage by any cause at or from a place which has not been approved as a rental location.
18.3 The waiver option does not apply and the Customer will continue in all respects to be fully responsible if damage was directly or indirectly the result of:
(a) The Customer is in breach of any item or condition of the Rental Agreement; or
(b) The Customer fails to fully co-operate with the Police and Encore Monitoring in relation to any theft, loss or repairs to damaged Equipment; or
(c) The Equipment has a value, or its price, is in excess of $100,000.
18.4 The waiver option does not apply and the Customer will continue in all respects to be fully responsible for the return of all accessories and manuals.
18.5 The waiver option does not apply to any item comprising the Equipment which is noted as being excluded on the accessory list provided with the Equipment. The cost for repair or replacement of these items of the Equipment will be invoiced to and payable by the Customer.
Damage Waiver. To the extent permitted by applicable law, Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the other Loan Documents, the Commitment and Advances, or the use of the proceeds thereof.
Damage Waiver. The Damage Waiver referred to in the Quote will be automatically charged to you daily or monthly, as applicable, unless you provide your NZBN and a Certificate of Currency in accordance with clause 7(b) and we, acting responsibly, approve such insurance. The Damage Waiver is not insurance and does not cover Equipment that is lost, stolen, destroyed or not returned to us. Your payment of the Damage Waiver relieves you of liability for the first $150 excluding GST in repair costs of each item of Equipment when the Equipment is returned from hire.
Damage Waiver. By Renter’s acceptance of the Damage Waiver, and with immediate notification, in the event of any accident and the prompt submission of applicable police reports, Dealer and Renter agree that Dealer will waive any claim against Renter for direct physical damage to the Equipment for any external cause, except as follows: a) Any items of Equipment or part thereof which is not returned for whatever reason including theft; b) Loss or damage resulting from overloading or exceeding rated capacity of the Equipment; c) Loss or damage to motors or other electrical appliances or devices cause by insufficient current; d) Damage to tires, tubes and wheels caused by blowout, bruises. Cuts and other causes inherent in the use of the Equipment; e) Loss due to mysterious disappearance, wrongful conversion by a person entrusted with the Equipment, or a shortage disclosed on inventory; f) Loss or damage caused by infidelity of renter, its employees, agents, or any other persons to whim the Equipment is entrusted; g) Loss or damage resulting from misuse, abuse, failure to maintain cleanliness, proper oil, fuel, hydraulic pressure or coolant levels, lack of lubrication or other normal servicing of Equipment;
h) All damage resulting from overturning; i) All damage or loss resulting from use of the Equipment in violation of any provision of this agreement, violation of any law, ordinance or regulation or operation in an improper or negligent manner; j) Overhead damage, and/or; k) Damage from dirtying of Equipment by paint, mud, plaster, concrete, rosin or any other material. Renter is responsible for cleaning and repainting, as required. If Renter has insurance covering such loss or damage, Renter shall exercise all rights available to Renter under said insurance, take all action necessary to process such claim, and renter further agrees to sign and claim that any and all proceeds from such insurance shall be payable to the Dealer. Renter to provide Dealer with complete information concerning insurance coverage carried.
Damage Waiver. Damage Waiver is not insurance, Renter is responsible for any loss or damage to the equipment and for its return in the same condition in which it was received, except for ordinary wear and tear. By accepting the Damage Waiver, however, Lessor agrees to waive Lessor’s right to recover from Renter the amount damaged to the equipment while in Renter’s possession except that Renter will be responsible for the first $100.00 on damage/replacement costs in those instances where the damage/replacement cost in greater than $1,000.00. Renter agrees to immediately notify Lessor of any accident and promptly submit any applicable police reports. Notwithstanding the foregoing, Renter’s liability for damage to the equipment will not be waived in the following circumstances: (a) any item or part thereof which is not returned, irrespective ofthe reason, including theft; (b) carelessor abusiveoperationoruse of theequipment; employees, assignees, suppliers, sub-lessors and sub-renters (the “Indemnified Parties”), harmless fromandagainst any and all claims, actions, causesof action, demands, rights, damagesofany kind, loss, liability, costs, loss of profit, expenses and compensation whatsoever, including court costs and attorneys’ fees (“Claim” or“Claims”), in any way arising from, or in connection with the equipment under this Rental Contract, including, without limitation, as a result of: (a) the use, maintenance, or possession of the equipment, irrespective of the cause of the claim, except in the case of Lessor’s sole gross negligence or willful misconduct, from the time the equipment leaves Lessor’s place of business when Renter rents the equipment until the equipment is returned to Lessor during normal business hours and Lessor signs a written receipt for the equipment, including loss of or damage to anyoftheequipment for anycause; (b) injury toordeathofanyperson, including, withoutlimitation, agents or employees of Renter; (c) or damage to any property arising from the use, condition, possession or storage of any equipment.
Damage Waiver. All Equipment has been inspected upon delivery and Lessee acknowledges and warrants that all Equipment was received in good and working order. Xxxxxx agrees to pay for any and all damages on account of lost, damaged or stolen equipment and/or loss caused by Xxxxxx’s accident, misuse or neglect. Should the Equipment listed on this Rental Contract malfunction for any reason and at no fault of Lessee, Encore will only be responsible for the repair of listed Equipment but WILL NOT be held responsible for any damages or loss caused as a result of the Equipment malfunctioning.
Damage Waiver. BASE COMMERCE will not be liable to Merchant for any special, consequential, indirect or punitive damages whether or not: (1) any claim for these damages is based on tort or contract law, or (2) either party knew or should have known the likelihood of these damages in any situation. BASE COMMERCE makes no representations or warranties other than those expressly made in this Agreement.
Damage Waiver. Lessee hereby expressly waives all claims of whatever nature for any or all loss or damage sustained by reason of any defect, deficiency, failure or impairment of any services to or in the Premises, including but not limited to the water supply system, heating system, wires leading to or inside the Premises, gas or electric or telephone which may occur from time to time from any cause. Lessee hereby expressly releases and discharges Paramount, its officers, agents, and employees from all demands, claims, judgments and causes of action arising from any matter mentioned above in this Article.
