Loss or Damage to Goods Sample Clauses

Loss or Damage to GoodsThe Customer must immediately notify Eclipx if the Goods or any part of the Goods (Affected Goods) are lost, stolen or damaged beyond economic repair. The Customer must, within 5 Business Days of notification, at the direction of Eclipx: (a) replace the Affected Goods at the cost of the Customer with equivalent goods approved by Eclipx and ensure Eclipx obtains clear title to such replacement goods (which shall be deemed to be the same Goods for the purposes of the relevant Lease); or (b) pay Eclipx within 5 Business Days of notification under clause 8.1 the portion of the Early Termination Sum referable to the Affected Goods calculated as at the date of Eclipx’s notice under clause 8.1(b)(i). Upon receipt by Eclipx of such amounts: (i) the relevant Lease will terminate immediately in relation to the Affected Goods; (ii) the relevant Lease will continue with respect to any remaining part of the Goods, with adjusted payments as notified by Eclipx to the Customer in writing and calculated as the Payments otherwise payable less the proportion of the Payments which related to the Affected Goods; and (iii) Eclipx will make a pro rata adjustment to any Payments already paid in respect of the Affected Goods for the period from receipt of such amounts to the next Lease Payment Date.
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Loss or Damage to GoodsDuring the Term, you agree to:
Loss or Damage to Goods. The Palmerston Game Fishing Club does not accept responsibility for damage or loss of any goods left at the venue prior to and after the function. Goods left at the club will need to be collected within 7 days of the end of function. Any damages incurred to Palmerston Game Fishing Club property such as trophy or chattel or property damage during the function will be invoiced to the hirer or taken from the deposit paid by the hirer the cost of the damage.
Loss or Damage to Goods deugro shall be liable for loss, damage or delay of the Goods occurring from the time that the Goods are taken into deugro’s charge until the time of delivery only to the extend such loss, damage or delay is caused by deugro’s negligence or wilful misconduct.
Loss or Damage to Goods. 3.1 Notwithstanding the fact that Consignee shall not take title to Goods upon delivery, Consignee shall be responsible and reimburse Consignor for all loss, costs and expenses incurred by it as a result of any damage to or destruction (in whole or in part) of Goods at the Facility or delivered to Consignee at the relevant port. The foregoing liability shall further apply to any loss or expense incurred by reason of the levy or attachment of the Goods by any judicial process or lien thereon or security interest therein while in Consignee’s possession, except where such levy or attachment is due to the acts of Consignor or its creditors. In this connection, until and unless it purchases Goods in accordance with the terms of this Agreement, Consignee shall not pledge any Goods as security nor permit any attachment thereof or levy against same by its creditors nor represent at any time to any third party that it is the true or beneficial owner of the Goods. 3.2 Consignee shall arrange and maintain, at its expense, all-risk insurance for the Goods while in its possession, with loss payable to Consignee and/or Consignor as their respective interests may appear, in an amount not less than $1,000,000.00 and with such insurer as Consignor may deem reasonable and appropriate. Said insurance shall provide for a minimum ten (10) days’ prior written notice to Consignor of cancellation thereof and Consignee shall deliver to Consignor a copy of the relevant policy promptly upon execution of this Agreement.
Loss or Damage to Goods. Consignee shall be responsible to and shall reimburse Consignor for all loss and expense to Consignor resulting from damage to or destruction of the Goods, or from levy or attachment of any court process or lien thereon while in Consignee's possession, and until such time as the title passes from Consignor by reason of the sale thereof and the proceeds of sale have been accounted for and remitted to Consignor. Consignee shall maintain an insurance policy or policies on the Goods in Consignee's possession, protecting against loss from fire and other insurable perils, in an amount satisfactory to Consignor and naming Consignor as insured and loss payee.
Loss or Damage to GoodsThe liability of APM Terminals for any loss or damage to goods, to the extent caused by fault or negligence on the part of APMT Terminals´ employees while engaged in the delivery, receiving, watching, or storing of such goods as part of Container Terminal Services shall be limited to the lesser of: (a) the value of the goods actually lost or damaged, namely the reasonable repair cost or replacement cost (with goods of the same age and in the same condition) of the goods lost or damaged; (b) the limits of liability upon which the Customer could rely in a claim brought against it in accordance with the xxxx of lading or other transport document, evidencing a contract of carriage which has been issued in respect of goods carried by the Customer (“Carriage Contract”); and (c) 2SDRs per kilo of gross weight of the goods lost or damaged. The Customer shall ensure that all Carriage Contracts incorporate a clause to the effect that APM Terminals will have the benefit of the provisions, including the law and jurisdiction provisions of that Carriage Contract to the extent such provisions benefit the Customer. APM Terminals authorises, empowers and directs the Customer to act, and the Customer hereby agrees to act, as trustee and/or agent for APM Terminals for the limited purpose only of complying with this Clause 0. In addition to being able to rely on this Agreement, APM Terminals has the right to avail itself of and invoke any limitation or exclusion of liability, immunity, defence, right, remedy and/or law and jurisdiction clause contained in the Carriage Contract as if APM Terminals were the carrier and Customer were the merchant referred to in the Carriage Contract.
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Loss or Damage to Goods 

Related to Loss or Damage to Goods

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • Disclaimer of Consequential Damages Except otherwise not permitted to be limited under applicable law, neither Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequential, exemplary or punitive damages or for the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damages.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

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