Loss or Damage to Goods Sample Clauses

Loss or Damage to Goods. The 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:
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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 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.
Loss or Damage to Goods. The 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:
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. During the Term, you agree to:
Loss or Damage to Goods 
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Related to Loss or Damage to Goods

  • 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.

  • 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.

  • 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.

  • INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES Notwithstanding any other provision set forth herein, in no event shall the Custodian be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

  • MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES Except for any liquidated damages agreed to by the parties to this Agreement related to an unexcused termination of this Agreement, under no circumstances will either party be liable to the other party for special or punitive damages, or consequential loss or damage, or any loss of profits, goodwill, business opportunity, business, or revenue or anticipated savings, in relation to this Agreement, whether or not the relevant loss was foreseeable, or the party was advised of the possibility of such loss or damage or that such loss was in contemplation of the other party.

  • 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.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

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