Higher Valuation. Inasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said trucker, etc. the Company must receive specific written instructions from the Customer to pay such higher charge based on valuation and the truckers etc., must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the truckers etc., subject to the limit of liability set forth herein in paragraphs 10 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
Higher Valuation. In addition to the limitations on the liability set forth in this Agreement, the liability of service providers for loss of or damage to the Goods is limited to a specified amount unless a higher value is declared and a charge based on such higher value is agreed to in writing by such service provider, in its sole and absolute discretion. Absent such written agreement between the Shipper and such service provider, Forwarder will not declare a higher value or pay a higher charge and the Goods will be delivered to such service provider subject to the limitations of liability set forth in this Agreement.
Higher Valuation. The Customer acknowledges that truckers, carriers, warehousemen, and to whom the Goods are entrusted (hereinafter “Entrustees”) generally establish limits on their liability for loss or damage to the Goods unless a higher value is declared, the Entrustee accepts such higher value, and an additional charges is paid to the Entrustee in consideration of its acceptance of increased liability with respect to the Goods. The Customer agrees that the Company is not responsible for requesting or obtaining such increased limit for any Entrustee until and unless (i) the Company receives specific written instructions from the Customer to pay such higher charge based on the valuation of the Goods and (ii) the Entrustee accepts such higher declared value. If either on or both of items (i) and (ii) of the immediate preceding sentence does not occur, the valuation placed by the Customer on the Goods shall be considered solely for export or customs purposes and the Goods will be delivered to the Entrustee subject to the limitations of liability set forth in paragraph 8 to 10 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
Higher Valuation. Inasmuch as truckers, carriers, warehousemen, and other third parties to whom Goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said third party, GAC must receive specific written instructions from the Customer to pay such higher charge based on valuation and the third party must accept such higher declared value; otherwise, the valuation place by the Customer on the Goods shall be considered solely for export or customs purposes and the Goods will be delivered / tendered to the third party subject to the terms of the third party’s limitations of liability and/or these Standard Terms and Conditions of Service.
Higher Valuation. The Company and the Borrower agree that the Borrower shall have no obligation to increase the Loan principal and interest, or to compensate the Company, the ESOP participants, or any other Person, if the value of the Common Stock on December 31, 2005, is determined by the independent appraiser to be equal to or greater than U.S. $69.44.
