LOSS AND INSURANCE. Subject always to Condition 12.2, the aggregate liability of each party under this Contract for any breach of the terms of this Contract, or otherwise in relation to the subject matter of this Contract (including without limitation that arising from negligence, delict, tort or otherwise) shall in no event exceed 125% of the price payable for Goods and/or Services pursuant to this Contract. Neither party excludes or limits liability for (i) death or personal injury arising from the breach of duty of such party, or (ii) fraud and/or fraudulent misrepresentation; or (iii) any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979; or (iv) any loss or corruption of data. You will pay to us on demand the amount of any loss, costs and expenses which we incur as a result of your negligence, any breach by you of the Contract, any infringement of a third party's Intellectual Property Rights, or any damage to property or injury or death caused by you in the supply of the Goods and/or Services. You will have in place at all times during the term of the Contract and for a period of 5 years after the end of the Contract insurance with a reputable insurance company at an adequate level of cover in respect of all risks which may be incurred under the Contract. Such insurance must include cover in respect of any financial loss arising from any advice given or omitted to be given by you. You will show us evidence of such insurance when we request it. If you are an individual you will, if we ask, provide us with evidence of your self-employed status. We are entitled to assume that you are self-employed, and you will make sure that we do not have to bear the cost of paying the Inland Revenue or any other Government Department any tax, national insurance or similar payments on the basis that you are not self-employed. Confidential Information, Freedom of Information and Data protection Subject to any information specifically stated to be confidential information by us, the Contract and the Contract Documents will not be treated as confidential information and may be disclosed without restriction. Unless we agree otherwise, all information which you obtain from us or which becomes known to you in connection with the Contract must be kept secret and only used by you to perform your obligations under the Contract. This does not apply to information which is already known to the public. We do not expect that you will have to disclose your confidential infor...
LOSS AND INSURANCE. Atelier Maison Co. shall be responsible for all the shortages, loss, or damage, while the merchandise is under the control of Atelier Maison Co.. Atelier Maison Co. shall maintain insurance in adequate amounts to pay for replacement of the merchandise in the event of such shortages, loss, or damage.
LOSS AND INSURANCE. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force casualty and hazard insurance on Collateral naming Bank as loss payee. Such insurance is to be in form and amounts satisfactory to Bank. All such policies shall provide to Bank a minimum of 30 days written notice of cancellation. Debtor shall furnish to Bank such policies, or other evidence of such policies satisfactory to Bank. Bank is authorized, but not obligated, to purchase any or all insurance or "Single Interest Insurance" protecting such interest as Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor's expense. In such event, Debtor agrees to reimburse Bank for the cost of such insurance and Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Bank the proceeds of all such insurance and directs any insurer to make payments directly to Bank. Debtor hereby appoints Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as the Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Bank without the Bank's prior written consent.
LOSS AND INSURANCE. HSH Shop shall be responsible for all shortages, loss, or damage, while the merchandise is under the control of HSH Shop. HSH Shop shall maintain insurance in adequate amounts to pay for replacement of the merchandise in the event of such shortages, loss, or damage.
LOSS AND INSURANCE. Humboldt Bazaar shall not be responsible for any shortages, loss or damage, while the IIQ is being delivered to/from Consignor or while under control of Humboldt Bazaar. Humboldt
LOSS AND INSURANCE. If there is a Loss prior to one or more Royalties being calculated, then:
(1) the Royalties shall be payable by the Royalty Payor to the Royalty Payee; and
(2) the factors relied upon by any insurance company to determine the insurance proceeds for the Loss, including assumptions regarding yield, weight, Potency and any other relevant factor, shall also be used to calculate the Royalties that would have been payable under this Agreement but for such Loss. If such factors are not available from the applicable insurance company, then the Royalties payable will based on the yields, weights and Potency and any other relevant factor from the most recent Batch of a similar nature.
LOSS AND INSURANCE. Meeting House Herb Farm shall NOT be responsible for any and all shortages, loss, or damage, while the merchandise is under the control of Meeting House Herb Farm. Meeting House Herb Farm shall NOT maintain insurance in adequate amounts to pay for the replacement of the merchandise in the event of such shortages, loss, or damage.
LOSS AND INSURANCE. NuAxon shall be responsible for all shortages, loss, or damage, while the merchandise is under the control of NuAxon.
LOSS AND INSURANCE. Tele-PCS, Inc. shall be responsible for all shortages, loss, or damage, while the merchandise is under the control of Tele-PCS, Inc.. Tele-PCS, Inc. shall maintain insurance in adequate amounts to pay for replacement of the merchandise in the event of such shortages, loss, or damage.
LOSS AND INSURANCE. We will make reasonable efforts to secure the Site, but shall have no obligation to police the Site or to prevent damage or loss to the individual panels you own (as stated on Appendix A) or to the Array beyond the measures we put in place to secure the Array in the Utility’s normal course of business.
i At all times, we will keep a replacement-value property insurance policy in place with regard to the Array (not to include the individual panels you own as stated on Appendix
A) to insure against covered perils; such policy shall not be required to cover the Selected Solar Panels owned by customers. ii We shall be entitled to reimbursement from the O&M Fund of all costs of insurance and will determine the acceptability of such policy(s) in our sole discretion, as described in the Program Policies. iii Should you determine additional insurance is required to protect your interests in the Selected Solar Panels you individually own, you will be responsible for procuring and paying for such additional insurance.
