Common use of LIABILITY AND LIMITATION OF DAMAGES Clause in Contracts

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. 1a. TELEFORWARDING USA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILIY IN RELATION TO THE TELEFORWARDING USA SERVICES. WAREHOUSEMAN DOES NOT INSURE THE GOODS WHILE NEITHER TELEFORWARDING USA NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN STORAGECONTRACT, AND THE STORAGE RATES WARRANTY, TORT (INCLUDING NEGLIGENCE), OR CHARGES BILLED TO DEPOSITOR DO NOT INCLUDE ANY INSURANCE ON THE GOODS. THE GOODS WILL THEREFORE NOT BE INSURED OTHER FORM OF LIABILITY FOR ANY LOSS CLAIM, DAMAGE, OR DAMAGE HOWEVER CAUSED. DEPOSITOR IS RESPONSIBLE FOR INSURING GOODS TENDERED FOR STORAGE. IF NONE IS PROCUREDLOSS, DEPOSITOR IS DEEMED (AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO HAVE ELECTED TO SELF-INSUREALL SUCH SERVICES. 2b. CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES CONDUCTED THROUGH TELEFORWARDING USA SERVICES BY CUSTOMER’S USERS, EVEN IF SUCH ACTIVITIES WERE TO OCCUR WITHOUT CUSTOMER’S PERMISSION. WAREHOUSEMAN TELEFORWARDING USA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE ACTS AND OMISSIONS OF CUSTOMER’S USERS THROUGH TELEFORWARDING USA SERVICES. NEITHER TELEFORWARDING USA NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND CUSTOMER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING OR RELATING TO ALL SUCH ACTS AND OMISSIONS c. IN NO EVENT SHALL TELEFORWARDING USA, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; ANY LOSS OF INCOME, BUSINESS, SALES, PROFITS (WHETHER ACTUAL OR ANTICIPATED), LOSS OF OR CORRUPTION TO DATA, OR INTERRUPTION OF BUSINESS. d. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE CONTRARY, TELEFORWARDING USA’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT BE LIABLE FOR ANY LOSS EXCEED ONE THOUSAND US DOLLARS ($1,000) OR DAMAGE TO GOODS TENDEREDTHE FEES AND CHARGES PAID BY CUSTOMER DURING THE PREVIOUS SIX MONTHS PERIOD, STORED WHICHEVER IS LESS. e. THE LIMITATIONS ON TELEFORWARDING USA’S LAIBILITY ABOVE SHALL APPLY WHETHER OR HANDLED HOWEVER CAUSED UNLESS SUCH LOSS NOT TELEFORWARDING USA, ITS EMPLOYEES, LICENSORS 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 ITS AFFILIATES HAVE BEEN AVOIDED BY ADVISED OF THE EXERCISE POSSIBILITY OF SUCH CARELOSSES OR DAMAGES ARISING. 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. 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. a. WAREHOUSEMAN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED STORED, OR HANDLED HANDLED, HOWEVER CAUSED 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 b. GOODS ARE NOT INSURED BY WAREHOUSEMAN AGAINST LOSS OR DAMAGE TO GOODS IN ABOVE (2) SHALL BE FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITOR. THE HOWEVER CAUSED. c. DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO $0.01 0.10 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 CONTRACT, AS PROVIDED IN SECTION 1, BE INCREASED UPON DEPOSITOR’S WRITTEN REQUEST ON PART OR ALL OF THE GOODS HEREUNDER HEREUNDER, IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. . d. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED STORED, OR HANDLED GOODS, THE FOR WHICH WAREHOUSEMAN IS NOT LIABLE, 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. 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 x. XXXXX USA 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 XXXXX USA TO EXERCISE SUCH CARE IN REGARD TO THEM SUCH GOODS AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN XXXXX USA IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE. 3. LIABILITY OF b. GOODS ARE NOT INSURED BY XXXXX USA AGAINST LOSS OR DAMAGE TO GOODS IN ABOVE (2) SHALL BE FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITOR. THE DEPOSITOR HOWEVER CAUSED. c. CUSTOMER DECLARES THAT DAMAGES ARE LIMITED TO $0.01 THE LESSER OF 50¢ PER POUND, SUBJECT TO A LIMIT OF POUND OR $50.00 PER OCCURRENCE AND $100.00 AGGREGATE IN ANY TWELVE-MONTH PERIODWAREHOUSE RECEIPT, PROVIDED, HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT THESE TERMS AND CONDITIONS FOR WAREHOUSING AS PROVIDED IN SECTION 1 BE INCREASED UPON DEPOSITORCUSTOMER’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. . d. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, THE DEPOSITOR FOR WHICH LEMAN USA IS NOT LIABLE, CUSTOMER 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. 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 a. GULF WINDS 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 GULF WINDS TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN GULF WINDS IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE. 3. LIABILITY OF b. GULF WINDS CARRIES NO INSURANCE POLICY WHICH IS AVAILABLE TO COVER ANY CLAIMS RELATED TO LOSS OR DAMAGE TO GOODS IN ABOVE (2) SHALL BE FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITOR. HOWEVER CAUSED. c. THE DEPOSITOR CUSTOMER DECLARES THAT DAMAGES ARE LIMITED TO $0.01 0.10 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 DEPOSITORCUSTOMER’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. . d. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, FOR WHICH GULF WINDS IS NOT LIABLE, THE DEPOSITOR CUSTOMER 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. 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 (a) XXXXXX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED, STORED STORED, OR HANDLED HOWEVER CAUSED CAUSED, UNLESS SUCH LOSS OR DAMAGE IS RESULTED FROM THE FAILURE BY WAREHOUSEMAN XXXXXX TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL PERSON MAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN XXXXXX IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE. 3. LIABILITY OF (b) GOODS ARE NOT INSURED BY XXXXXX AGAINST LOSS OR DAMAGE TO HOWEVER CAUSED. DEPOSITOR SHALL INSURE THE GOODS IN ABOVE AND ANY OF ITS OTHER PROPERTY. (2c) SHALL BE FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITOR. THE DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO TWENTY-FIVE CENTS ($0.01 .25), PER POUND, SUBJECT TO A LIMIT OF $50.00 PER OCCURRENCE AND $100.00 AGGREGATE ITEM LOST OR DAMAGED, PROVIDED THE DEPOSITOR AGREES THAT THE MAXIMUM LIABILITY FOR ALL DAMAGES IN ANY TWELVE-MONTH PERIODONE OCCURRENCE SHALL BE ONE HUNDRED THOUSAND DOLLARS ($100,000.00), PROVIDED, AND THE DEPOSITOR AGREES TO CAUSE ITS INSURANCE CARRIERS TO WAIVE SUBROGATION FOR DAMAGES IN EXCESS OF SUCH DOLLAR LIMITATION. HOWEVER, THAT SUCH LIABILITY MAY AT THE TIME OF ACCEPTANCE OF THIS CONTRACT BE INCREASED UPON MAY, BY DEPOSITOR’S WRITTEN REQUEST NOTICE DELIVERED TO XXXXXX WITHIN THIRTY (30) DAYS OF THE CONTRACT DATE, BE INCREASED ON PART OR ALL OF THE GOODS HEREUNDER HEREUNDER, IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. . (d) WHERE LOSS OR DAMAGE INJURY OCCURS TO TENDERED, STORED OR HANDLED GOODSGOODS FOR WHICH XXXXXX IS NOT LIABLE, 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. (e) With respect to any claim arising from or related to this agreement, or otherwise arising from the relationship of the parties, in no event will Xxxxxx be liable for special, indirect, exemplary, punitive, or consequential damages of any kind, including but not limited to lost profits, lost sales, or damages due to business interruption, regardless of whether such damages were foreseeable or Xxxxxx had notice of the possibility of such damages.

LIABILITY AND LIMITATION OF DAMAGES. 1(a) TC Trading Company shall not be liable for any loss or destruction of or damage to Goods, however caused, unless such loss, destruction or damage resulted from TC Trading Company’s failure to exercise such care regarding the Goods as a reasonably careful person would exercise under like circumstances. WAREHOUSEMAN DOES NOT INSURE TC Trading Company shall not be liable for any loss or destruction of or damage to Goods that could not have been avoided by the exercise of such care. (b) TC Trading Company and Xxxxxx agree that TC Trading Company’s duty of care referred to in Section 10(a) does not extend to providing a sprinkler system at the Warehouse or any portion thereof. (c) Unless specifically agreed to in writing, TC Trading Company shall not be required to store Goods in a humidity-controlled environment or be responsible for tempering Goods. (d) IN 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 EVENT OF 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 DESTRUCTION OF OR DAMAGE TO GOODS TENDEREDFOR WHICH TC TRADING COMPANY IS LEGALLY LIABLE, STORED OR HANDLED HOWEVER CAUSED UNLESS SUCH LOSS OR DAMAGE IS RESULTED FROM XXXXXX DECLARES THAT TC TRADING COMPANY’S LIABILITY SHALL BE LIMITED TO 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 LESSER OF THE EXERCISE FOLLOWING: THE REPLACEMENT COST OF SUCH CARE. 3. LIABILITY OF LOSS LOST, DAMAGED AND DESTROYED GOODS, 50 TIMES THE INITIAL STORAGE CHARGE FOR SUCH LOST, DAMAGED AND DESTROYED GOODS OR DAMAGE TO GOODS IN ABOVE (2) SHALL BE $0.50 PER POUND FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITOR. THE DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO $0.01 PER POUNDSAID LOST, SUBJECT TO A LIMIT OF $50.00 PER OCCURRENCE DAMAGED, AND $100.00 AGGREGATE IN ANY TWELVE-MONTH PERIODDESTROYED GOODS, PROVIDED, HOWEVER, HOWEVER THAT SUCH LIABILITY MAY AT THE WITHIN A REASONABLE TIME OF ACCEPTANCE AFTER RECEIPT OF THIS CONTRACT BE INCREASED UPON DEPOSITORCONTRACT, XXXXXX MAY REQUEST, IN WRITING, AN INCREASE IN TC TRADING COMPANY’S WRITTEN REQUEST LIABILITY ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT CASE AN ADDITIONAL MONTHLY INCREASED CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. WHERE ; FURTHER PROVIDED THAT NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST DESTRUCTION 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 ANY PORTION OF THE GOODSGOODS HAS OCCURRED. (e) TC Trading Company’s liability referred to in Section 10(d) shall be Xxxxxx’x exclusive remedy for any claim or cause of action whatsoever relating to loss or destruction of or damage to Goods. Xxxxxx waives any right to rely upon any presumption of conversion imposed by law. (f) In no event shall Xxxxxx be entitled to recover any incidental, special, punitive, or consequential damages of any type or description. (g) If TC Trading Company negligently mis-ships Goods, TC Trading Company, at its option, shall pay the reasonable transportation charges to return the mis-shipped goods to the Warehouse or the value of the mis- shipped Goods based upon Section 10(d). TC Trading Company shall have no liability whatsoever for any damages due to the consignee’s acceptance or use of the Goods.

LIABILITY AND LIMITATION OF DAMAGES. 1(a) WAREHOUSE shall not be liable for any loss or destruction of or damage to GOODS tendered, stored or handled, however caused, unless such loss, destruction or damage resulted from WAREHOUSE'S failure to exercise such care in regard to the GOODS as a reasonably careful person would exercise under like circumstances. WAREHOUSEMAN DOES NOT INSURE WAREHOUSE shall not be liable for any loss or destruction of or damage to GOODS that could not have been avoided by the exercise of such care. (b) WAREHOUSE and DEPOSITOR agree that WAREHOUSE'S duty of care referred to in Section 10(a) does not extend to providing a sprinkler system at the FACILITY or any portion thereof. (c) Unless specifically agreed to in writing, WAREHOUSE shall not be required to store GOODS in a humidity-controlled environment or be responsible for tempering GOODS. (d) IN 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 EVENT OF 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 DESTRUCTION OF OR DAMAGE TO GOODS TENDEREDFOR WHICH WAREHOUSE IS LEGALLY LIABLE, STORED DEPOSITOR DECLARES THAT WAREHOUSE'S LIABILITY SHALL BE LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO DEPOSITOR OF REPLACING, OR HANDLED HOWEVER CAUSED UNLESS SUCH LOSS OR DAMAGE IS RESULTED FROM REPRODUCING THE FAILURE BY WAREHOUSEMAN LOST, DAMAGED, AND DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS 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 WAREHOUSE, (2) SHALL BE THE FAIR MARKET VALUE OF THE LOST, DAMAGED, AND DESTROYED GOODS ON THE DATE DEPOSITOR IS NOTIFIED OF SUCH LOSS, DAMAGE AND DESTRUCTION, (3) 50 TIMES THE MONTHLY STORAGE CHARGE APPLICABLE TO SUCH LOST, DAMAGED AND DESTROYED GOODS, (4) $0.50 PER POUND FOR ACTUAL LOSS SUBJECT TO DECLARED LIMIT BY DEPOSITORSAID LOST, DAMAGED, AND DESTROYED GOODS. 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, HOWEVER THAT SUCH LIABILITY MAY AT THE WITHIN A REASONABLE TIME OF ACCEPTANCE AFTER RECEIPT OF THIS CONTRACT BE INCREASED UPON DEPOSITOR’S WRITTEN REQUEST CONTRACT, DEPOSITOR MAY REQUEST, IN WRITING, AN INCREASE IN WAREHOUSE'S LIABILITY ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT CASE AN ADDITIONAL MONTHLY INCREASED CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION. WHERE ; FURTHER PROVIDED THAT NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST DESTRUCTION 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 ANY PORTION OF THE GOODS HAS OCCURRED. (e) WAREHOUSE’S liability referred to in Section 10(d) shall be DEPOSITOR'S exclusive remedy for any claim or cause of action whatsoever relating to loss or destruction of or damage to GOODS and shall apply to all claims including inventory shortage and mysterious disappearance claims unless DEPOSITOR proves by affirmative evidence that WAREHOUSE converted the GOODS to its own use. DEPOSITOR waives any right to rely upon any presumption of conversion imposed by law. (f) Where loss or damage occurs to tendered, stored, or handled GOODS, for which the WAREHOUSE is not liable, 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 or damage to the GOODS. (g) If WAREHOUSE negligently mis-ships GOODS, WAREHOUSE, at its option, shall pay the reasonable transportation charges to return the mis-shipped GOODS to the FACILITY or the value of the mis-shipped GOODS based upon Section 10(d). WAREHOUSE shall have no liability whatsoever for any damages due to the consignee’s acceptance or use of the GOODS.