Injuries & Damages Sample Clauses

Injuries & Damages. ISSUE: San Xxxxxxx estimated the Worker’s Compensation Insurance expense based on a five-year recorded average. DRA’s Test Year estimate is based on a 2010 actual to reflect a declining trend. RESOLUTION: San Gabriel and XXX examined the 2011 actual and agree that using the latest four-year recorded average is a reasonable estimate for this expense. The resulting estimate for Worker’s Compensation Insurance expense is $102,900, which results in a Test Year Injuries and Damages Insurance total of $509,004, compared to Xxx Xxxxxxx’x original estimate of $525,200 and DRA’s estimate of $494,500. Issue SGV Direct SGV Rebuttal DRA Report Difference Settlement Injuries & Damages $525,200 $525,200 $494,500 $30,700 $509,004 REFERENCES: Exhibit SG-1, Table 6B; Exhibit SG-8 (Xxxxxxxxx) p. 2; Exhibit SG-9 (Xxxxx), p. 9; Exhibit SG-21 (Xxxxxxxxx), p.2; Exhibit DRA-1 (Xxxxxx), pp. 4-3 to 4-5.
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Injuries & Damages. Resident agrees to be responsible to Lessor for any damages or injury resulting from any failure of said Resident, or their visitor(s) or guest(s), to comply with any of the terms and provisions of this Contract, and said Lessor shall not be responsible for any damage or injury Resident sustains from any cause whatsoever unless injury is a direct result of Lessor's gross negligence. In the event of any injuries to the Resident, or their visitor(s) or guest(s), or to any property of Resident, or their visitor(s) or guest(s), through any negligence of the Lessor, its agents and/or employees, Resident agrees to give the Lessor a written notice of the occurrence of said injury within forty- eight (48) hours of the happening thereof. Said notice must be in writing and delivered to the Lessor at its office. The failure of Resident to comply with the provision herein contained in this Paragraph constitutes a complete waiver and release of any and all claims and causes of action, if any, against the Lessor, its agents and/or employees for all expense and/or losses sustained or incurred as a result of such injury.
Injuries & Damages. To neither hold, nor attempt to hold, Landlord liable for any injury or damage occurring because of, or caused by, any repairs, alterations, injury or accident to the leased premises, and adjacent premises or any other parts of the building not leased hereunder, or by reason of the negligence or default of the owners or occupants thereof, of Landlords or of any other persons, nor liable for any injury or damage occasioned by defective electric wiring, or the breaking or stoppage of plumbing or sewage or heating or by any other cause of any sort whatsoever.
Injuries & Damages. Tenant agrees to be responsible to Lessor for any damages or injury resulting from any failure of said Tenant, their family, visitor, guest, or employees, to comply with any terms and provisions of this Lease, and said Lessor shall not be responsible for any damage or injury Tenant sustains from any cause whatsoever unless injury is a direct result of Lessor’s gross negligence. In the event of any injuries to the Tenant or their family or to any property of Tenant or their family through any negligence of the Lessor, its agents and/or employees, Tenant agrees to give the Lessor a written notice of the occurrence of said injury within forty- eight (48) hours of the happening thereof. Said notice must be in writing and delivered to the Lessor at its office. The failure of Tenant to comply with the provision herein contained in this Paragraph constitutes a complete waiver and release of any and all claims and causes of action, if any, against the Lessor, its agents and/or employees for all expense and/or losses sustained or incurred as a result of such injury.
Injuries & Damages. Resident agrees to be responsible to Lessor for any damages or injury resulting from any failure of said Resident, their family, visitor, guest, or employees, to comply with any terms and provisions of this Lease, and said Lessor shall not be responsible for any damage or injury Resident sustains from any cause whatsoever unless injury is a direct result of Xxxxxx’s gross negligence. In the event of any injuries to the Resident or their family or to any property of Resident or their family through any negligence of the Lessor, its agents and/or employees, Resident agrees to give the Lessor a written notice of the occurrence of said injury within forty-eight (48) hours of the happening thereof. Said notice must be in writing and delivered to the Lessor at its office. The failure of Resident to comply with the provision herein contained in this Paragraph constitutes a complete waiver and release of any and all claims and causes of action, if any, against the Lessor, its agents and/or employees for all expense and/or losses sustained or incurred as a result of such injury.

Related to Injuries & Damages

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

  • Remedy Damages The Contractor shall promptly remedy damages and loss to property at the Site caused by the Contractor, by any Subcontractor, by anyone directly or indirectly employed by the Contractor or any such Subcontractor, or by anyone for whose acts the Contractor or any such Subcontractor may be liable. Should the Contractor cause damage to any Separate Contractor‘s work, the Contractor agrees, upon due notice, to settle with the Separate Contractor.

  • Damages Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

  • Injuries In the event of an incident or accident involving outside medical care for an individual on or near the Work, Contractor shall notify the ODR and other parties as may be directed within 24 hours of the event.

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • 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.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall either Party be liable to the other Party for, and no arbitral panel is authorized to award, any punitive, special, indirect or consequential damages of any kind or character resulting from or arising out of this Agreement, including, without limitation, loss of profits or business interruptions, however they may be caused.

  • Delay Damages If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of $1.50 per kwh of Contract Maximum Amount up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination. If the Facility has not achieved the Commercial Operation by the date set forth therefor in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), for any reason, Seller shall have the right to terminate this Agreement at any time after that deadline date (as so extended) until either the Facility achieves the Commercial Operation Date or Buyer terminates this Agreement under Section 9.3 (regardless of whether or not Seller elected to continue to construct the Project). In the event Seller so terminates this Agreement, Seller shall be liable to Buyer on the date of such termination for (x) the entire amount of Delay Damages that would otherwise accrue (or have accrued) by such date plus (y) the undrawn amount of any Development Period Security provided to Buyer by Seller; provided, however, that if Seller terminates this Agreement on the deadline set forth for the Commercial Operation Date in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), Seller shall not be required to pay any Delay Damages hereunder but shall forfeit the Development Period Security. Subject to the foregoing sentence, neither Party shall have any liability to the other Party with respect to a termination of this Agreement by Seller under this Section 3.2(b). Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delay Damages and other damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages. Notwithstanding the foregoing, this Article shall not limit the amount of damages payable to Buyer if this Agreement is terminated by Buyer as a result of Seller’s failure to achieve the Commercial Operation Date. Any such termination damages shall be determined in accordance with Article 9. By the tenth (10th) day following the end of the calendar month in which Delay Damages first become due and continuing by the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months if applicable), Buyer shall deliver to Seller an invoice showing Buyer’s computation of such damages and any amount due Buyer in respect thereof for the preceding calendar month. No later than ten (10) days after receiving such an invoice, Seller shall pay to Buyer, by wire transfer of immediately available funds to an account specified in writing by Buyer or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice. If Seller fails to pay such amounts when due, Buyer may draw upon the Development Period Security for payment of such Delay Damages, and Buyer may exercise any other remedies available for Seller’s default hereunder.

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