Loss of and Damage to Loaned Equipment Sample Clauses

Loss of and Damage to Loaned Equipment. (i) Customer accepts complete responsibility and liability for damage to or destruction or loss of Loaned Equipment issued to it by Pentax, up to full replacement value of Loaned Equipment. (ii) Normal wear and tear on Loaned Equipment will not be charged to Customer. Normal wear and tear includes but is not limited to valve o-ring replacement, pulley/angle wire replacement not related to misuse, lens cleaning, mild bumps on flexible tube and light guide cable, angulation adjustments, and loose cover glass set at light guide prong tip. (iii) Customer assumes responsibility for the cost of repair for any and all damages to Loaned Equipment beyond normal wear and tear. These damages include but are not limited to negligence (including, without limitation, fluid invasion, dents, crushes, bite marks or shipping damages resulting from improper packaging), misuse or improper handling of Loaned Equipment by Customer, failure to operate Loaned Equipment in accordance with Paragraph 8.D. of the Agreement, and shipping damages resulting from improper packaging. (iv) Customer is required to return all accessories supplied with Loaned Equipment (“Loaned Accessories”). In the event that Loaned Accessories are not returned, Customer’s account will be billed for the Total Price of Loaned Accessories as shown on the Loaned Accessories kit insert. (v) Repairs performed on Loaned Equipment by a provider other than Pentax may subject Loaned Equipment to a major overhaul at Customer’s sole expense in order to restore Loaned Equipment to Pentax specification and re-qualify Customer to be eligible for continued use of Pentax Loaned Equipment.
Sample 1
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Related to Loss of and Damage to Loaned Equipment

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Definitions For purposes of this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • NOW, THEREFORE the parties hereto agree as follows:

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