LABOR CHARGES. The Purchase Price includes labor charges for labor performed during the Seller’s ordinary business hours. If the Buyer requires the Seller to perform work after ordinary business hours or on weekends, any overtime compensation paid by the Seller to its employees and by the Seller’s subcontractors to the subcontractors’ employees shall become an addition to the Purchase Price and shall be paid by Buyer. TIME LIMITATION: All claims, actions or proceedings, legal or equitable, against Seller must be commenced in court within one (1) year after the cause of action has accrued, or the act, omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time, or said claim action or proceeding is barred, time being of the essence of this paragraph. Buyer expressly waives any statutory and/or common law limitation period to the contrary. WAIVER OF SUBROGATION: In case of any claim or loss, Xxxxx agrees that it is responsible to maintain, and has sufficient insurance coverage to cover, any potential claim or loss. Xxxxx further agrees to look to its property and/or general liability insurance carrier for reimbursement. Buyer and Seller mutually agree to release one another from any and all claims with respect to any loss covered by (or which should have been covered) the insurance coverages, which were required and/or recommended that may be applicable to any property where Seller performs Services and/or provides Products for Buyer. For purposes of this Section, all deductibles shall be considered insured losses. The parties further mutually agree that their respective insurance companies shall have no right of subrogation against the other on account thereof.
Appears in 5 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
LABOR CHARGES. The Purchase Price includes labor charges for labor performed during the Seller’s ordinary business hours. If the Buyer requires the Seller to perform work after ordinary business hours or on weekends, any overtime compensation paid by the Seller to its employees and by the Seller’s subcontractors to the subcontractors’ employees shall become an addition to the Purchase Price and shall be paid by Buyer. TIME LIMITATION: All claims, actions or proceedings, legal or equitable, against Seller must be commenced in court within one (1) year after the cause of action has accrued, or the act, omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time, or said claim action or proceeding is barred, time being of the essence of this paragraph. Buyer expressly waives any statutory and/or common law limitation period to the contrary. WAIVER OF SUBROGATION: In case of any claim or loss, Xxxxx agrees that it is responsible to maintain, and has sufficient insurance coverage to cover, any potential claim or loss. Xxxxx further agrees to look to its property and/or general liability insurance carrier for reimbursement. Buyer and Seller mutually agree to release one another from any and all claims with respect to any loss covered by (or which should have been covered) the insurance coverages, which were required and/or recommended that may be applicable to any property where Seller performs Services and/or provides Products for Buyer. For purposes of this Section, all deductibles shall be considered insured losses. The parties further mutually agree that their respective insurance companies shall have no right of subrogation against the other on account thereof.
Appears in 4 contracts
Samples: Agreement for Providing Services, Agreement for Providing Services, Agreement for Providing Services
