LIABILITY AND LIMITATION OF DAMAGES. 1. WAREHOUSEMAN DOES NOT INSURE THE GOODS WHILE IN STORAGE, AND THE STORAGE RATES OR CHARGES BILLED TO DEPOSITOR DO NOT INCLUDE ANY INSURANCE ON THE GOODS. THE GOODS WILL THEREFORE NOT BE INSURED FOR ANY LOSS OR DAMAGE HOWEVER CAUSED. DEPOSITOR IS RESPONSIBLE FOR INSURING GOODS TENDERED FOR STORAGE. IF NONE IS PROCURED, DEPOSITOR IS DEEMED TO HAVE ELECTED TO SELF-INSURE.
2. WAREHOUSEMAN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED OR HANDLED HOWEVER CAUSED UNLESS SUCH LOSS OR DAMAGE IS RESULTED FROM THE FAILURE BY WAREHOUSEMAN TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
3. LIABILITY OF LOSS OR DAMAGE TO GOODS IN ABOVE (2) SHALL BE FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITOR. THE DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO $0.01 PER POUND, SUBJECT TO A LIMIT OF $50.00 PER OCCURRENCE AND $100.00 AGGREGATE IN ANY TWELVE-MONTH PERIOD, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT BE INCREASED UPON DEPOSITOR’S WRITTEN REQUEST ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN UP AND SITE REMEDIATION RESULTING FROM THE LOSS OR DAMAGE TO THE GOODS.
LIABILITY AND LIMITATION OF DAMAGES. (a) DSA shall not be liable for any loss or damage to Goods tendered, received, stored or handled however caused unless such loss or damage resulted from DSA’s gross negligence. Any presumption of conversion under applicable law shall not apply to a loss with respect to any Goods, and a claim for conversion must be established through affirmative evidence that DSA converted the Goods to its own use. In no event will DSA be liable for any Act of God or other circumstance beyond DSA’s control as further described in Section 18. DSA and Client agree that none of their respective members, directors, officers, employees, shareholders, or any of their (or any of those parties') respective agents shall have any personal obligation hereunder, and that DSA and Client shall not seek to assert any claim or enforce any of their rights hereunder against any of such parties.
(b) If DSA is grossly negligent and ships the Goods to the wrong address, DSA shall pay the reasonable transportation charges incurred to return the Goods to the Warehouse. If the consignee fails to return the Goods, DSA’s maximum liability shall be for the fair market value to replace such Goods and DSA shall have no liability for damages due to the consignee’s acceptance or use of the Goods whether such Goods be those of Client or a third party.
(c) Client agrees to indemnify, defend, and hold harmless DSA, and its members, officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including undercharges, rail demurrage, truck/intermodal detention, or related charges and reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party/awarded against Indemnified Party relating to or arising out of or resulting from any claim of a third party or DSA arising out of or occurring in connection with DSA’s services or from DSA’s negligence, willful misconduct, or breach of this Agreement.
LIABILITY AND LIMITATION OF DAMAGES. Ovation's obligation to Client is to exercise reasonable care in providing freezing and storage services as set forth in this Agreement. Ovation cannot guarantee that, and is not liable if, the reproductive materials it processes or accepts for storage: are not recovered, do not survive any of the contemplated processes, are not of suitable quality for transfer, are damaged, degenerate, lost, or do not result in a pregnancy, birth, or child who is free of birth defects. Under no circumstances and legal theory, whether in tort, contract or otherwise, shall Ovation, its suppliers, successors or assignees, be liable to Client or Child born of the reproductive materials or any other person for any indirect, incidental, consequential or special damages whatsoever, arising out of the freezing, shipment, storage, or related services rendered by Ovation. Client also agrees that in the event of loss or destruction of Client’s reproductive materials by any reason whatsoever, damages as a result thereof would be highly conjectural and speculative and would be difficult to determine. Accordingly, Client agrees that in no event shall Ovation's total liability for all damages in any one or more causes of action, whether in contract, tort or otherwise, exceed the storage fee paid by Client for the particular year in which the loss occurs. Client’s Initials: _ /
LIABILITY AND LIMITATION OF DAMAGES. (a) Warehouse shall not be liable for any loss of or damage to Goods that Warehouse has received for Services, however caused, unless such loss or damage was because of Warehouse’s failure to exercise care in regard to the Goods that a reasonably careful person would exercise under similar circumstances. Warehouse shall not be liable for damages that could not have been avoided by the exercise of that care.
(b) Goods are not insured by Warehouse against loss or damage.
(c) Depositor understands and agrees that Warehouse’s liability for loss of or damage to the Goods shall be limited to $.50 per pound. Depositor further understands and agrees that at the time of acceptance of this Contract under section 2, Depositor may, upon its written request, increase Warehouse’s level of liability on part or all of the Goods covered by this Contract, in which event Warehouse shall charge increased rates based on Depositor’s increased valuation of the Goods.
(d) If loss of or damage to Goods occurs as to which Warehouse is not liable, then Depositor shall be responsible for the cost of removing and disposing of such Goods and the cost of any environmental cleanup and site remediation resulting from the loss of or damage to the Goods.
LIABILITY AND LIMITATION OF DAMAGES. Airfrigo shall not be liable for any losses or damages to goods prior to acceptance. In the event that these circumstances occur, descriptions of the inconsistencies are recorded on the delivery BOL and the shipper notified.
LIABILITY AND LIMITATION OF DAMAGES. The Contractor must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including reasonable attorney’s fees incurred by the State for damages , resulting from any third-party claims or causes of action directly and proximately caused by the negligence of the Contractor while engaged in the performance of services under this contract. As a condition to the foregoing indemnity obligations, the State shall provide the Contractor with prompt notice of any claim for which indemnification shall be sought hereunder and shall cooperate in all reasonable respects with the Contractor in connection with any such claim. In accordance with Minnesota Statutes, Section 8.06, the State’s Attorney General’s Office must provide consent and approval with respect to Contractor’s ability and right to control the handling of any such claim and to defend or settle any such claim with counsel of its own choosing. Notwithstanding the foregoing the State agrees that Contractor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the services performed hereunder in excess of an aggregate amount of $2,000,000 or an amount equal to two times (2x) the total contract value, whichever amount is greater. This clause will not be construed to bar any legal remedies the Contractor may have for the State’s failure to fulfill its obligations under this contract. VERSION 4 (Indemnity with notice and cooperation, capped and some types of damages waived)
LIABILITY AND LIMITATION OF DAMAGES. The Contractor must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including reasonable attorney’s fees incurred by the State for damages, resulting from any third-party claims or causes of action directly and proximately caused by the negligence of the Contractor while engaged in the performance of services under this contract. As a condition to the foregoing indemnity obligations, the State shall provide the Contractor with prompt notice of any claim for which indemnification shall be sought hereunder and shall cooperate in all reasonable respects with the Contractor in connection with any such claim. In accordance with Minnesota Statutes, Section 8.06, the State’s Attorney General’s Office must provide consent and approval with respect to Contractor’s ability and right to control the handling of any such claim and to defend or settle any such claim with counsel of its own choosing.
LIABILITY AND LIMITATION OF DAMAGES. TME’s entire liability and Client’s exclusive remedy for any claims concerning this Agreement and the Services provided under this Agreement are set forth in this section. Notwithstanding anything to the contrary in this Agreement, TME and its employees, agents, representatives or contractors, will not be liable to Client for any special, indirect, incidental, punitive, or consequential damages (including lost profits) sustained or incurred in connection with this Agreement, arising out of any service provided or arranged by TME or any of its service providers.
LIABILITY AND LIMITATION OF DAMAGES. A. In the event of loss, injury or damage to the Goods while in Xxxxxx'x possession, CompUSA will determine which Goods require replacement, and Ingram will replace the Goods lost or damaged. If such Goods cannot be replaced, Ingram will pay the replacement cost for such Goods. CompUSA will allow Ingram to examine invoices, during normal business hours, for such Goods upon request by Ingram. Notwithstanding any other provision to the contrary in this Agreement, Xxxxxx'x maximum liability for loss, injury or damage to Goods will not exceed the actual replacement cost of the Goods and will not exceed $1,000,000 during any 12-month period. SCHEDULE F PRODUCT RETURN SERVICES PRODUCT RETURNS:
LIABILITY AND LIMITATION OF DAMAGES a. Subject to the limitations of liability set forth herein, Echo shall only be liable for any loss or damage to Products received by Client hereunder to the extent of its own negligence or willful misconduct. This section shall set forth Client’s exclusive remedy for any claim for loss of or damage to Products.
b. Notwithstanding paragraph a, above, Echo shall not be liable in any event for:
(1) [ILLEGIBLE] or loss of weight of any Products; (2) loss or damage to Products resulting from improper packing, breakage, boxing, crating, wear and tear or inherent qualities of the Products; and/or, (3) loss of Products by leakage or through failure to detect same or for concealed damage.
c. In the event of any liability of Echo hereunder for loss of or damage to Products, the maximum liability of Echo for such loss shall be the manufacturer’s cost of the Products involved unless Client expressly states an excess valuation, whereupon Client shall pay any additional charges related to such declaration. In any event, Client agrees that Echo’s maximum liability for loss of or damage to Products shall not exceed $ 0.50 per pound, up to a maximum of one hundred thousand dollars per occurrence. Furthermore, neither party shall in any case be liable for any indirect, special, incidental, consequential, punitive and/or other extraordinary damages of any kind resulting from or in any way related to this Agreement, whether based on contract, tort or any other legal theory.
d. If the parties are not able to agree on the comparable shipping profile referred to in Section 4 herein, then Client’s sole remedy will be to exercise an option of terminating the. Agreement with thirty (30) days written notice therefrom.
