Loss in Transit Sample Clauses

Loss in Transit. Seller shall have no liability whatsoever for damage, loss, or deterioration of the Products after delivery of the Products to a commerce carrier, regardless of whether Seller charges Buyer for freight. Buyer acknowledges that all claims for losses caused by a carrier, including those for inconvenience, delay or expense, shall only be made against a carrier. In no event shall Buyer deduct any amount for damage in transit from amounts due hereunder.
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Loss in Transit. If loss or damage occurs to the stores or any part thereof during transit by rail, the contractor, shall have only such remedy as is available to the Public against the carrier under the Indian Railway (Amendment) Act - 1961, No.39 of 1961.
Loss in Transit. HSM shall reimburse MPC for in transit loss of Cargo in excess of one-half percent (0.5%) by volume, or such other percentage as the Parties may agree in writing shall apply to certain Products (“In Transit Loss Allowance”). HSM shall not be liable for any such loss unless (a) the cause for the loss in transit is unknown, (b) MPC or MPC’s agent provides written notice of such loss to HSM within thirty (30) days of unloading the relevant Cargo and (c) a comparison of Equipment ullage figures at loading port and at discharge port, as measured by a Third Party inspector, which shall be mutually agreed to by both MPC and HSM, establishes that a volume loss in excess of the In Transit Loss Allowance has actually occurred in transit. The amount payable by HSM to MPC for any such in transit loss shall be an amount equal to (x) the volume loss in excess of the In Transit Loss Allowance, multiplied by (y) the per unit spot value of the relevant product using an appropriate industry market index for the delivery location reference market.

Related to Loss in Transit

  • Notice of Loss; Third Party Claims (a) An Indemnified Party shall give the Indemnifying Party notice of any matter which an Indemnified Party has determined has given or could give rise to a right of indemnification under this Agreement, within 60 days of such determination, stating the amount of the Loss, if known, and method of computation thereof, and containing a reference to the provisions of this Agreement in respect of which such right of indemnification is claimed or arises.

  • Business Interruption Plan ALPS shall maintain in effect a business interruption plan, and enter into any agreements necessary with appropriate parties making reasonable provisions for emergency use of electronic data processing equipment customary in the industry. In the event of equipment failures, ALPS shall, at no additional expense to the Fund, take commercially reasonable steps to minimize service interruptions.

  • Business Interruption Lessee shall obtain and maintain loss of income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result of such perils.

  • LOSS OR DAMAGE Lessee hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of, any unit of Equipment from any cause whatsoever from the time the Equipment is shipped to Lessee.

  • Insurance; Damage to or Destruction of Collateral (a) The Credit Parties shall, at their sole cost and expense, maintain the policies of insurance described on Disclosure Schedule (3.18) as in effect on the date hereof or otherwise in form and amounts and with insurers reasonably acceptable to Agent. Such policies of insurance (or the loss payable and additional insured endorsements delivered to Agent) shall contain provisions pursuant to which the insurer agrees to provide 30 days prior written notice to Agent in the event of any non-renewal, cancellation or amendment of any such insurance policy. If any Credit Party at any time or times hereafter shall fail to obtain or maintain any of the policies of insurance required above or to pay all premiums relating thereto, Agent may at any time or times thereafter obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto that Agent deems advisable. Agent shall have no obligation to obtain insurance for any Credit Party or pay any premiums therefor. By doing so, Agent shall not be deemed to have waived any Default or Event of Default arising from any Credit Party's failure to maintain such insurance or pay any premiums therefor. All sums so disbursed, including reasonable attorneys' fees, court costs and other charges related thereto, shall be payable on demand by Borrower to Agent and shall be additional Obligations hereunder secured by the Collateral.

  • Business in the Ordinary Course The Business shall be conducted solely in the ordinary course consistent with past practice.

  • Business Insurance The Transaction Entities and their respective subsidiaries carry or are entitled to the benefits of insurance, with financially sound and reputable insurers, in such amounts and covering such risks as is generally maintained by companies of established repute engaged in the same or similar business, and all such insurance is in full force and effect. Neither of the Transaction Entities has any reason to believe that it or any of their respective subsidiaries will not be able to (A) renew, if desired, its existing insurance coverage as and when such policies expire or (B) obtain comparable coverage from similar institutions as may be necessary or appropriate to conduct its business as now conducted and at a cost that would not reasonably be expected to, singly or in the aggregate, result in a Material Adverse Effect.

  • Risk of Loss; Insurance A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.

  • General Business Insurance To maintain insurance as is usual for the business it is in.

  • Loss of Collateral There occurs any uninsured loss to any material portion of the Collateral; or

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