Liability for loss or damage. Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence.
Liability for loss or damage. (1) The Center with its due care shall conduct the operations provided in the Contract. The Center shall be liable to the Ship Owners for their loss or damage caused by the negligence of the Center.
(2) Notwithstanding the preceding paragraph, the Center shall not be liable for any loss or damage caused by failure or delay of the provision of necessary information by the Ship Owners/Master or Specific Oil-relevant Parties, or caused by the inaccuracy or insufficiency of the information provided, following the Center's request to provide the necessary information for Emergency Response in accordance with Section 6(1),. Notes
(1) Section 6(5) provides that the Center shall take Emergency Response with good faith and its due care, and the former part of Section 8(1) refers to this again and emphasizes the Center's obligation to make due diligence in its performance under this Contract, including its Emergency Response.
(2) Section 6(4) provides that all actions made by the Disaster Contractor, which has entered into a contract with the Center beforehand in order to pursue Emergency Response (hereinafter “Disaster Contractor”), shall be deemed as those made by the Center. Thus, negligence of the Disaster Contractors shall be deemed as negligence of the Center.
(3) However, the Center assumes no liability for loss of or damage to the Ship Owners if it arises not only from the negligence of the Center, but also from the failure/delay of provision of necessary information or inaccuracy/inadequacy in the information provided by the Ship Owners/Master or Specific-Oil-relevant Parties (Section 8(2)). Even without Section 8(2), similar conclusions could be reached through review of the facts with respect to contributory negligence and/or causation. This Section has made it clear, focusing on the importance of the information in large amount of Specific Oil spill accident.
Liability for loss or damage. 13.1 The Supplier will not be liable to the Customer for any claims, losses or damages (including consequential or indirect losses or damages) which may be suffered by the Customer relating directly or indirectly to the Services provided, arising from any cause whatsoever including but not PLEASE SIGN BELOW AS AN INDICATION THAT YOU UNDERSTAND AND ACCEPT OUR TRADING CONDITIONS CLAUSES 8 TO 16
Liability for loss or damage. (a) Contractor shall be liable for any loss of, or damage to, City property caused by the negligence, recklessness, or intended wrongful misconduct of Contractor, his/its agents, servants and employees and shall indemnify and save the City harmless against all actions, proceedings, claims, demands, costs, damages and expenses, including attorney's fees, by reason of any suit or action brought for any actual or alleged injury to or death of any person or damage to property other than City property, resulting from the performance of the Contract by Contractor, his/its agents, servants and employees. Contractor shall submit a full written report to the Finance Director within twenty-four (24) hours following the occurrence of such damage, loss or injury.
(b) To the fullest extent permitted by law, in addition to the express duty to indemnify City when there is any causal connection between Contractor's work and any injury, loss, damage, death or property damage, Contractor expressly undertakes a duty to defend City as a separate duty, independent of and broader than the duty to indemnify. The duty to defend agreed to by Contractor hereby expressly include all costs of litigation, attorney’s fees, settlement costs and reasonable expenses in connection with the litigation, whether or not the claims made for loss, injury, damage or property damage are valid or groundless and regardless of whether the defense of City is maintained by the City or assumed by Contractor as long as the claims made could be causally connected to Contractor as reasonable determined by City.
Liability for loss or damage. Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage you suffer is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the contracting process.
Liability for loss or damage. 7.1 Without limiting any general liability and indemnity provisions that are set out in the body of this Contract, the Contractor assumes all risk and shall be liable to Canada Post for any loss or damage to all Mail tendered to, provided to, or otherwise received by, the Contractor, while such Mail is in the care, custody or control of the Contractor. Where such loss or damage occurs Canada Post shall have the right to deduct the amount of such loss or damage from any monies due to the Contractor from Canada Post. Canada Post shall also have the right to seek recovery at law or in equity for such further compensation to which Canada Post may be entitled.
7.2 For the purposes of this Contract the Contractor shall be deemed to have care, custody or control of the Mail from the time the Mail is tendered to the Contractor up to the point of delivery of the Mail which locations are listed in Schedule "A" or as otherwise directed by Canada Post.
Liability for loss or damage. Subcontractors transporting the Goods as surface carriers in the United States or from the United States to Canada shall be required by Xxxxxx Logistics to assume liability as a common carrier (i.e. Xxxxxxx Amendment liability) for loss, damage, or destruction to any and all of Customer's Goods while under the Subcontractor’s care, custody or control. Subcontractors transporting the Goods as surface carriers outside the United States shall be required by Xxxxxx Logistics to assume liability for loss in accordance with the laws governing such service. Notwithstanding the Subcontractor’s liability, Xxxxxx Logistics shall be liable for any loss or damage to the Goods if such loss or damage is caused solely by the negligent acts or omissions of Xxxxxx Logistics. Xxxxxx Logistics agrees to assist Customer in resolving all cargo claims with the Subcontractors, and to keep Customer advised of the status of all such claims. Upon request by Customer, Xxxxxx Logistics shall assign its right against the Subcontractors to Customer. Customer understands and agrees that the liability of Xxxxxx Logistics and the Subcontractors for any loss or damage to the Goods will not exceed (i) $500 per container load for the Goods involved, less any salvage value, or (ii) One Hundred Thousand Dollars ($100,000) per occurrence, whichever is less. In addition, neither Xxxxxx Logistics nor the Subcontractors shall be liable to Customer for any economic loss or consequential damages to Customer beyond actual loss or damage to the Goods. Customer agrees not to deduct or offset any cargo loss or damage claim from the charges owed to Xxxxxx Logistics under this Appendix.
Liability for loss or damage. A person who commits an offence against this Act may, upon conviction, be liable for any loss or damage caused by the offence and the amount of such loss or damage may be awarded by the court as restitution in addition to, and recovered in the same manner as a fine.
Liability for loss or damage a) You are responsible for any loss or damage suffered by CHAWREC as a consequence of your activities as a hirer. This includes (but is not restricted to) damage to the premises, fixtures, fittings, furniture and equipment, call-out fees for false fire alarms, and loss of income.
b) You are responsible for the actions of people you admit to the Centre as part of your booking, or who gain access to the centre because you fail to control access properly.
c) You are responsible for ensuring that you are adequately insured for any equipment that you are permitted to store at the premises, this will not be covered under CHAWREC’s contents cover.
Liability for loss or damage. Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence. Further, the University will not be in breach of this agreement or liable for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or the Managing Agent’s control which could not have been foreseen or prevented even if the University or the Managing Agent had taken reasonable care. Matters outside the University’s and the Managing Agent’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and the Managing Agent will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract.
