Damage Waiver Sample Clauses

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 & Conditions.

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. 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. If you pay the damage waiver charge as specified, subject to the limitations and exclusions below, Event Source agrees to modify the terms of this contract and relieve you of liability for accidental damage to the rented item(s) on this contract, and for loss due to fire, collision, windstorm, upset, and riot. We exclude from this waiver, however, any loss or damage due to theft, burglary, misuse or abuse, theft by conversion, intentional damage, mysterious disappearance or any loss due to your failure to care for the rental item(s) as a prudent person would his/her own property. The damage waiver charge is non-refundable.

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.

Damage Waiver. We require a $35 non-refundable Security Deposit Waiver Fee for all reservations in lieu of an additional Damage Deposit. This privilege is offered to you as our way of saying “Thank You” for your business. The Waiver covers all minor accidental damage or breakage up to $500. Coverage does not cover extraordinary cleaning charges, damage resulting from negligence or willful or wanton conduct. Guests must notify the Resort Manager at once of any damage during occupancy and submit a written report or the Damage Waiver is void. For reservations for which the Rental Amount is over $2500 weekly, an additional refundable Security Deposit may be required.

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.