Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.
Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.
Liability for Loss. The Purchaser is responsible for loss, degradation, or damage to timber while the timber is in his, her or its custody, including but not limited to, timber which has been felled, skidded or decked and/or timber which has been lost, damaged or stolen after removal from the sale area but before scaling or weight is recorded.
Liability for Loss. Mogo Auto will not be liable for any loss incurred by the Borrower in terms of the Agreement, save and except where such loss is caused by Mogo Auto’s gross negligence, gross misconduct and/or willful misconduct.
Liability for Loss. Except (a) with respect to Liability arising from any willful misconduct or grossly negligent act of a Party or any of its Affiliates, (b) to the extent such Party may be required to indemnify any Xxxxxxxxx Indemnified Party, Nestlé Indemnified Party or Company Indemnified Party (as the case may be) from and against any Liability to one or more Third Parties under this ARTICLE 14, (x) in no event will any Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives be liable under this Agreement for any special, indirect, incidental, consequential, punitive or exemplary damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including loss of profits or revenue suffered by any Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives and (y) Xxxxxxxxx’x or Nestlé’s Liability for damages arising out of the conduct of the Research hereunder will not exceed [**].
Liability for Loss. Association, its officers, directors, executive committee, commissioner or other authorized representatives will not be responsible or held liable for injury or damage to persons or property resulting from rendering of service by Official.
Liability for Loss. The Corporation shall not be responsible for any loss of, or damage to, any of the Student's personal or other property placed in or about the Fraternity House by the Student.
Liability for Loss. You are responsible for all authorized use of a valid Debit Card. You are liable to all losses that result: • When you make fraudulent or worthless deposits or transfers. • From your use of your Debit Card when there are insufficient funds in the Account. • From unauthorized transactions if you contributed to the unauthorized use. For example, if you voluntarily disclosed the PIN to someone who then made an unauthorized transaction; wrote the PIN on the Debit Card or on something kept close to the Debit Card; or failed to notify us as soon as you became aware that the Debit Card had been lost, stolen or misused, or that someone else may know your PIN. If you are liable, you agree that your liability for losses may exceed the credit balance or available funds if: • The Account has a line of credit or overdraft protection or is linked with another account(s). • A Debit Card transaction is made on the basis of a fraudulent deposit at an ABM. In this case, you acknowledge that we may have to create an overdraft, use overdraft protection, or if the Account is connected to a line of credit, we may charge the line of credit. You’ll then be responsible for the amount of the transaction, plus any applicable fees and interest. You won’t be held responsible if: • You or a merchant make an error at a merchant’s terminal (such as entering an incorrect purchase amount or completing a transaction twice). • You make an error at an ABM (such as entering an incorrect deposit amount or forgetting to include the deposit). However, you will be liable for any resulting additional costs, such as additional service, NSF or interest charges. You’re also not liable for losses that result from: • Circumstances that are beyond your control, including losses resulting from technical problems, our errors or other system malfunctions. • Circumstances where you unintentionally contribute to unauthorized use, provided you cooperate with us in the investigation. • The unauthorized use of the Debit Card after you’ve reported it to us as lost or stolen, where you have reported to us that the PIN may be known to someone else, or where the Debit Card is cancelled or expired.
Liability for Loss. In the event any data subject brings a claim against Controller for compensation for damage or loss incurred or if a Supervisory Authority has issued a conditional fine or other administrative sanctions as a consequence of Processor having processed personal data in violation of the Agreement or Applicable data protection legislation, Processor shall compensate Controller for loss incurred. Any obligation to pay compensation is limited in the manner stated in the Agreement.
Liability for Loss. In the event of loss or damage to Account Securities for which Custodian is liable under the foregoing provisions of this paragraph 4, Custodian shall replace such Account Securities with securities of the same class and issue, together with all rights and privileges pertaining thereto; PROVIDED THAT, if the Account Securities so lost are subject to a contract of sale and Custodian is unable to deliver the Account Securities or replacements therefor for settlement on the date specified in Instructions, Custodian shall be liable to Company for the contract price of the Account Securities so sold plus simple interest thereon at the prime rate as reported in the Wall Street Journal computed from the specified settlement date to the date of payment to Company.
