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.
AutoNDA by SimpleDocs
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 the Lessor for any damages resulting from any failure of said Tenant, Tenant’s family, guests or invitees to comply with any of the terms or provisions of this lease and said Lessor shall not be responsible for any damages or injury Tenant sustains from any cause whatsoever, unless such damages or injury is a direct result of the Lessor’s negligence. In the event of any injuries to the Tenant or their family or to any property of any Tenant and Tenant’s family through any negligence of the Lessor, its agents or employees, Tenant agrees to give the Lessor a written notice of the occurrence of said injury within 48 hours of its occurrence. Said notice must be in writing and delivered to the Lessor at the Residential Life Office. Failure of the Tenant to comply with this provision contained in this paragraph constitutes a complete waiver and release of any and all claims and causes of action against the Lessor, its agents and/or its employees for all expenses 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.

  • 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.

  • Monetary Damages In the event that the Partnership breaches its obligations set forth in Article 2, Article 3, or Article 6 with respect to a Protected Partner the Protected Partner’s sole right shall be to receive from the Partnership, and the Partnership shall pay to such Protected Partner as damages, an amount equal to: (a) in the case of a violation of Articles 3 or 0, xxx xxxxxxxxx xxxxxxx, xxxxx and local income taxes incurred by the Protected Partner or an Indirect Owner as a result of the income or gain allocated to, or otherwise recognized by, such Protected Partner with respect to its Units by reason of such breach; (b) in the case of a violation of Article 0, xxx xxxxxxxxx xxxxxxx xxxxx, and local income taxes incurred by the Protected Partner or an Indirect Owner with respect the Excess Protected Gain incurred with respect to the Gain Limitation Property that is allocable to such Protected Partner under the Partnership Agreement and Section 2.3 hereof (computed without regard to the principles set forth in the parenthetical in the first paragraph of Section 2.1); plus in the case of either (a) or (b), an amount equal to the aggregate federal, state, and local income taxes payable by the Protected Partner or an Indirect Owner as a result of the receipt of any payment required under this Section 4.1. For purposes of computing the amount of federal, state, and local income taxes required to be paid by a Protected Partner (or Indirect Owner), (i) any deduction for state income taxes payable as a result thereof actually allowed in computing federal income taxes shall be taken into account, and (ii) a Protected Partner’s (or Indirect Owner’s) tax liability shall be computed using the highest federal, state and local marginal income tax rates that would be applicable to such Protected Partner’s (or Indirect Owner’s) taxable income (taking into account the character and type of such income or gain) for the year with respect to which the taxes must be paid, without regard to any deductions, losses or credits that may be available to such Protected Partner (or Indirect Owner) that would reduce or offset its actual taxable income or actual tax liability if such deductions, losses or credits could be utilized by the Protected Partner (or Indirect Owner) to offset other income, gain or taxes of the Protected Partner(or Indirect Owner), either in the current year, in earlier years, or in later years).

  • 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. 7.4.1 Record the location of the event and the circumstances surrounding it, by using photography or other means, and gather witness statements and other documentation which describes the event. 7.4.2 Supply the ODR and A/E with an incident report no later than 36 hours after the occurrence of the event. In the event of a catastrophic incident (one fatality or three workers hospitalized), barricade and leave intact the scene of the incident until all investigations are complete. A full set of incident investigation documents, including facts, finding of cause, and remedial plans shall be provided by Contractor to Owner within one week after occurrence, unless otherwise directed by Owner’s legal counsel. Contractor shall provide the ODR with written notification within one week of such catastrophic event if legal counsel delays submission of a full report.

  • 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.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • 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. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s 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 Xxxxxxxx Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if Xxxxxxxx Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!