Damages and Claims Sample Clauses

Damages and Claims o Any damage claims must be submitted in writing to our claims department no later than 90 days after the move occurs. Only 1 claim can be filed regarding damage from a given move. It is up to the customer to fully inspect all items prior to filing a damage claim. We will not acknowledge any additional items claimed to be damaged once a claim has been filed and has gone into processing. Applicable notes about these damages must be made in writing on the xxxx of lading on the day of your move before movers leave your premises. Our company standards do assume a full inspection of furniture by both our movers and customers; however, the final inspection is the responsibility of the customer. All our customers sign a xxxx of lading upon completion of a move. It reads “I have inspected my goods and premises, including but not limited to elevators, floors, and stairwells. There are no damages except as noted. The cab and the back of the truck are empty, and the job is complete”. For any insurance company this document is critical in noting charges the same day, to ensure the damage occurred that day and that coverage could be provided. Unless payment is made in full as is due, we are not required to answer or process a claim. Do not assume you may deduct the money from the final xxxx to compensate yourself in the event of damage. This is ILLEGAL. If the customer has selected valuation coverage option 2B, the $300 deductible will be due prior to the beginning of claim processing, payable by credit card or cash. ❖ o We only move empty freezers/refrigerators. Please empty the contents for safe moving. We are happy to load these last and unload them first. It is the customer’s responsibility to disconnect water lines prior to the refrigerator being moved. We will not be held responsible for any leaks or water damage resulting from moving a refrigerator and/or freezer. ❖ o We only move empty aquariums. (This means empty of water, and empty of all living creatures). ❖
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Damages and Claims. A. The Board will provide legal counsel to advise the teacher of his or her rights and obligations with respect to any assault occurring during the performance of school related duties and shall render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement and judicial authorities. B. If any teacher is complained against or sued by reasonable or proper disciplinary action taken by the teacher against the student, the Board will provide counsel and render all necessary assistance to the teacher in his defense. C. Time lost by a teacher in connection with any incident mentioned in this Article shall not be charged against the teacher. D. The Board will reimburse teachers for any reasonable loss, damage, or destruction of clothing or personal property of the teacher while in the direct performance of their professional duty in the school or on the school premises. E. Complaints: Any complaint or concern directed toward a teacher that is of such significance that it may be placed in the teacher‟s file shall be investigated by an administrator, and if so warranted will be documented and placed in the teacher‟s file. The teacher shall have the right to place a letter of rebuttal in his permanent record. If a teacher is to be reprimanded and/or disciplined, it may be done in private, or another individual may be present at the request of either party.
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Damages and Claims. A. The Board will provide legal counsel to advise the teacher of his or her rights and obligations with respect to any assault occurring during the performance of school related duties and shall render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement and judicial authorities. B. If any teacher is complained against or sued for reasonable or proper disciplinary action taken by the teacher against the student, the Board will provide counsel and render all necessary assistance to the teacher in his/her defense when requested in writing by the teacher. If the final decision issues by a court or administrative agency indicates the teacher’s liability for this action, all costs of assistance rendered pursuant to this paragraph and not covered by the District’s insurance carriers shall be reimbursed by the teacher. C. Time lost by a teacher in connection with any incident mentioned in this Article shall not be charged against the teacher. D. The Board will reimburse teachers for any reasonable loss, damage, or destruction of clothing or personal property of the teacher while in the direct performance of his/her professional duty in the school or on the school premises. E. Complaints: Any complaint or concern directed toward a teacher that is of such significance that it may be placed in the teacher’s file shall be investigated by an Administrator, and if so warranted will be documented and placed in the teacher’s file. The teacher shall have the right to place a letter of rebuttal in his/her permanent record.
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Damages and Claims. 18 Section 10.3 Indemnification Actions 19 Section 10.4 Limitation on Actions. 20
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Damages and Claims. The Employer shall establish a written procedure for the review of claims for injury to the person or property of a teacher which arise in the course of his/her employment and while acting within the scope of his/her authority, provided nothing in this Agreement shall constitute either an acknowledgment of District liability or a waiver of any defenses, including the immunity of the District established by law.
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Damages and Claims. 11.1. The purchaser shall have no claim against the seller for goods short delivered or wrongly delivered unless the purchaser gives notice thereof in writing to the seller within 24 (twenty- four) hours of delivery. 11.2. Damages for breach of Agreement by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the Agreement, in the light of the facts and matters of which it then knew or ought to have known, as a possible consequence of the breach of Agreement. 11.3. If the Agreement is avoided and if, in a reasonable manner and within a reasonable time after avoidance, the purchaser has bought goods in replacement or the seller has resold the goods, the party claiming damages may recover the difference between the Agreement price and the price in the substitute transaction as well as any further damages recoverable under this clause. 11.4. If the Agreement is avoided and there is a current price for the goods, the party claiming damages may, if it has not made a purchase or resale under article 75, recover the difference between the price fixed by the Agreement and the current price at the time of avoidance as well as any further damages recoverable under this clause. If, however, the party claiming damages has avoided the Agreement after taking over the goods, the current price at the time of such taking over shall be applied instead of the current price at the time of avoidance. 11.5. For the purposes of the preceding paragraph, the current price is the price prevailing at the place where delivery of the goods should have been made or, if there is no current price at that place, the price at such other place as serves as a reasonable substitute, making due allowance for differences in the cost of transporting the goods.
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Damages and Claims. A. The Board will provide legal counsel to advise the teacher of his or her rights and obligations with respect to any assault occurring during the performance of school related duties and shall render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement and judicial authorities. B. If any teacher is complained against or sued by reasonable or proper disciplinary action taken by the teacher against the student, the Board will provide counsel and render all necessary assistance to the teacher in his defense.
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Damages and Claims. ● Any damage claims must be submitted in writing. Applicable notes about these damages must be made in writing on the bill of lading on the day of your move before movers leave your premises. Damaged items cannot be insured after final inspection.
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Related to Damages and Claims

  • Damages; Relief Termination of this Agreement shall not preclude either Party from claiming any other damages, compensation or relief that it may be entitled to upon such termination.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Indemnity Obligations (a) Parent shall indemnify and hold harmless SpinCo from and against, and will reimburse SpinCo for, (i) all liability for Taxes allocated to Parent pursuant to Article II, (ii) all Tax Related Costs and Expenses allocated to Parent pursuant to Section 6.7, (iii) all Taxes, Tax Related Costs and Expenses and Tax Related Losses (without duplication) to the extent arising out of, based upon, or relating or attributable to any breach of or inaccuracy in, or failure to perform, as applicable, any representation, covenant or obligation of any member of the Parent Group pursuant to this Agreement and (iv) the amount of any Refund received by any member of the Parent Group that is allocated to SpinCo pursuant to Section 2.5(a). (b) Without regard to whether a Post-Distribution Ruling or an Unqualified Tax Opinion may have been provided or whether any action is permitted or consented to hereunder and notwithstanding anything to the contrary in this Agreement, SpinCo shall indemnify and hold harmless Parent from and against, and will reimburse Parent for, (i) all liability for Taxes allocated to SpinCo pursuant to Article II, (ii) all Tax Related Costs and Expenses allocated to SpinCo pursuant to Section 6.7, (iii) all liability for Taxes, Tax Related Costs and Expenses and Tax Related Losses (without duplication) arising out of, based upon, or relating or attributable to any breach of or inaccuracy in, or failure to perform, as applicable, any representation, covenant or obligation of any member of the SpinCo Group pursuant to this Agreement, (iv) the amount of any Refund received by any member of the SpinCo Group that is allocated to Parent pursuant to Section 2.5(a) and (v) any Distribution Taxes and Tax Related Losses attributable to a Prohibited Act, or otherwise attributable to a SpinCo Disqualifying Action (regardless of whether the conditions set forth in Section 4.2(c) are satisfied). To the extent that any Tax, Tax Related Costs and Expenses or Tax Related Loss is subject to indemnity pursuant to both Section 5.1(a) and Section 5.1(b), responsibility for such Tax, Tax Related Costs and Expenses or Tax Related Loss shall be shared by Parent and SpinCo according to relative fault as determined by Parent in its sole and absolute discretion. The amount of any liability for Taxes which are indemnifiable pursuant to this Section 5.1(b)(iii) and (v) shall be determined, in Parent’s sole and absolute discretion, without regard to any Tax Attributes of the Parent Group or the Parent Business.

  • Consequential Damages Waiver NEITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.

  • Indemnification Procedures for Third Party Claims If a claim by a third party (including claims for breaches of fiduciary duties) is made against an Indemnified Party and such Indemnified Party intends to seek indemnity with respect thereto from the Company (in the case of a Purchaser Indemnified Party seeking such indemnity) or the Purchaser (in the case of a Company Indemnified Party seeking indemnity) (each of the Company or the Purchaser, as the case may be, in such capacity, an “Indemnifying Party”), such Indemnified Party shall give notice in writing as promptly as reasonably practicable to such Indemnifying Party of any Proceeding commenced against or by it in respect of which indemnity may be sought hereunder, but failure to so notify such Indemnifying Party shall not relieve such Indemnifying Party from any liability that it may have on account of this Article VI, so long as such failure shall not have materially prejudiced the position of such Indemnifying Party. Upon such notification, the Indemnifying Party shall assume the defense of such Proceeding brought by a third party, and, after such assumption, the Indemnified Party shall not be entitled to reimbursement of any expenses thereafter incurred by it in connection with such Proceeding, except as described below. In any such Proceeding, any Indemnified Party shall have the right to retain its own counsel (including local counsel), but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless (i) the Indemnifying Party shall have failed to promptly assume and thereafter conduct such defense, (ii) the Indemnifying Party and the Indemnified Party shall have mutually agreed to the contrary, (iii) in the reasonable determination of counsel for the Indemnified Party, representation of such Indemnified Party by counsel obtained by the Indemnifying Party would be inappropriate due to actual or potential conflicting interests between such Indemnified Party and any other party represented by such counsel in such proceeding. No Indemnifying Party, in the defense of a third-party claim, shall, except with the consent of the Indemnified Party, consent to entry of any judgment or enter into any settlement that does not include as an unconditional term thereof the giving by the claimant or plaintiff to such Indemnified Party of a release from all liability in respect of such claim. The Indemnifying Party shall not be liable for any settlement of any Proceeding effected without its written consent (which shall not be unreasonably withheld, delayed or conditioned by such Indemnifying Party), but if settled with such consent or if there be final judgment for the plaintiff, the Indemnifying Party shall indemnify the Indemnified Party from and against any Loss by reason of such settlement or judgment. The Indemnifying Party will advance expenses to an Indemnified Party as reasonably incurred so long as such indemnified party shall have provided the indemnifying party with a written undertaking to reimburse the indemnifying party for all amounts so advanced if it is ultimately determined that the indemnified party is not entitled to indemnification hereunder (which shall include breaches of fiduciary duty if permitted above).

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