Loss, Damage, or Destruction. (a) For equipment furnished under this EERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees or Government employee owned and operated equipment.
(b) For equipment furnished under this EERA with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and responsible for safety of the equipment.
Loss, Damage, or Destruction. A. For equipment furnished under this MTDNRC XXX without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the LGFF or the LGFF's agents or employees or Government employee owned and operated equipment.
B. For equipment furnished under this MTDNRC XXX with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and responsible for safety of the equipment.
Loss, Damage, or Destruction. Between the date hereof and the Closing Date, there shall not have been any material loss, damage or destruction to or of any of the Acquired Assets, and there shall have been no development which would have a material adverse effect on the Dealership.
Loss, Damage, or Destruction. Equipment furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the Cooperator agrees that what is considered wear and tear under this Agreement is in excess of what the equipment is subjected to under normal operations and is reflected in the rates paid for the equipment. No reimbursement will be made for loss, damage or destruction when (a) it is due to normal wear and tear, or (b) negligence of the Cooperator or the Cooperator’s agents which caused or contributed to the loss, damage or destruction, or (c) damages caused by equipment defects unless such defects are caused by negligence of the State or its employees. Vehicular damage claims, not directly related to incident activity, particularly prior to check-in or after demobilization, should be submitted through the owning agency’s insurance prior to submission to the state. Loss, damage, or destruction claims will be evaluated on a case by case basis and evaluated for extraordinary circumstances outside of normal conditions. Hourly/daily rates for equipment will not be reimbursed when such equipment is inoperable due to damage, loss, destruction, or lack of qualified personnel.
Loss, Damage, or Destruction. For equipment furnished under this Agreement/Contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or Contractor’s employees.
Loss, Damage, or Destruction. Between the date hereof and the --------------------------- Closing Date there shall not have been any loss, damage or destruction to or of any of the assets, property or business of the Companies in excess of $50,000 in the aggregate not covered by insurance, nor shall the assets, business or prospects of the Companies have been adversely affected in any significant way as a result of any fire, accident, or other casualty, war, civil strife, riot or act of God or the public enemy or otherwise.
Loss, Damage, or Destruction. 11.1 In the event that the XLink Unit or any part thereof is lost, stolen or damaged beyond economical repair for any reason other than reasonable wear and tear, all outstanding charges together with interest, the then prevailing replacement value of the XLink Unit and the applicable reconnection charge shall immediately become due and payable by the Customer.
11.2 If the Supplier supplies the XLink Unit or SIM Card for rental in terms of this Agreement and such XLink Unit or SIM Card is stolen, the Customer shall immediately notify the South African Police Service and the Supplier shall, subject to clause 4.2, only be liable for replacement thereof on presentation of the case number and only if the theft was accompanied by violent or forced entry.
11.3 Notwithstanding anything to the contrary, on election and activation of the XPlan, the Supplier shall, in its sole discretion repair or replace the XLink Unit in the event of damage due to fire, storm, theft, insects, rodents or liquids.
Loss, Damage, or Destruction. For equipment furnished under this agreement WITH operator, the Government shall not be liable for any loss, damage, or destruction of such equipment, except for loss, damage, or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and is responsible for safety of the equipment.
Loss, Damage, or Destruction. The Government will assume liability for the loss, damage, or destruction of facilities furnished under this Agreement, provided that no reimbursement will be made for loss, damage, or destruction when due to (1) ordinary wear and tear, or (2) the fault or negligence of the owner or the owner’s agent(s). OWNER / OWNER’S AGENT SIGNATURE: DATE: CONTRACTING OFFICER'S SIGNATURE: DATE: PRINT NAME AND TITLE: PHONE NUMBER: EMAIL: PRINT NAME AND TITLE: PHONE NUMBER: EMAIL: Page 3 of 3 Agreement No:
Loss, Damage, or Destruction. Subject to Verifone’s obligation to provide the Services, you assume and shall bear the entire risk of loss, damage, or destruction of the rental Devices and accessories from any use whatsoever from the date of delivery of the rental Devices to your site until such rental Devices and accessories are returned to Verifone. No loss, damage or destruction will relieve you from the obligation to make payments hereunder or to comply with any other obligation under these Terms and Conditions. You must immediately notify Verifone of any loss, damage, or destruction of a rental Device. You are responsible for any charges for repairs or replacements of rental Devices for damages that are not covered by the warranty or BPP service (as applicable). In the event of the loss or destruction of a rental Device or damage that makes repair impractical or uneconomical (in Verifone’s discretion), Verifone may charge you the then-current list price for the Device and ship you a new or refurbished replacement. At all times payments for the Verifone Payment Solution for such rental Device shall continue in effect.
