Loss or Damage to Product. To the fullest extent legally permissible in your State, the Customer is responsible and agrees to indemnify and hold TheatreWorld harmless for any loss, damage or destruction of the Product, including, without limitation, loss or damages occurring while loading and unloading, while at any and all locations, while in storage and while on The Customer’s premises, including but not limited to warehouses, storage areas, theatres, rehearsal halls, auditoriums either owned by The Customer or rented, contracted, leased or used in any way by The Customer, with the exception that The Customer shall not be responsible for damage to or loss of the Product caused by TheatreWorld’s sole negligence or willful misconduct. Loss or delay in shipment and The Customer’s damages as a result of such delay shall be at The Customer’s sole risk. The Customer is also responsible for loss of use of the Product during the time it is being repaired or replaced, as applicable, as set forth in more detail below. In the event that the enforcement of this Section against customer would violate any federal or state law, rule, or regulation, this section will be deemed amended to the extent necessary to make it enforceable.

Loss or Damage to Product. You are responsible and agree to indemnify Us for any loss, damage or destruction of the Product, including, without limitation, loss or damages occurring while loading and unloading, while at any and all locations, while in storage and while on Your premises, except that You shall not be responsible for damage to or loss of the Product caused by Our sole negligence or willful misconduct. Any loss or delay in shipment and any damages resulting therefrom shall be Your sole responsibility. In the event of loss or damage, you are also responsible for Our loss of use of the Product during the time it is being repaired or replaced, as applicable. A damage waiver may be purchased to cover all damages except loss or damage by Your willful act or gross negligence. The damage waiver does not cover any weather-related damage or damages that are not repairable resulting in a complete loss of the Product.

Loss or Damage to Product. Operator agrees to reimburse Customer for any loss or damage to Customer’s Product occasioned by negligent acts or omissions of Operator, its employees, contractors, agents, customers or invites.

Loss or Damage to Product. In case of loss, damage, or destruction of any Product, QCSI will replace it at the written request of SYNERTECH. SYNERTECH shall pay QCSI's reasonable reproduction and delivery expenses for such replacement.

Loss or Damage to Product. You are responsible and agree to indemnify us for any loss, damage or destruction of the Product, including, without limitation, loss or damages occurring while loading and unloading, while at any and all locations, while in storage and while on your premises. You shall bear all risk of loss, theft, damage or destruction of the Product, until the Product is returned. The loss, theft, damage or destruction of the Product, while in Your possession, shall not impair any other obligation of You under this Agreement. If the Product is lost, stolen, damaged or destroyed, then You shall be liable for the full replacement cost of the Product and the rental costs. Please see Valuation of Loss section below for replacement cost information. Optional Damage Waiver - A Waiver fee may be purchased when placing an order to avoid damage charges. The Waiver Fee does not cover theft or loss of Product. The Waiver Fee only covers damage to the Product, not including total damage, as determined in Our sole discretion. Duty to Inspect – You will inspect the Product within two (2) days after its receipt. Unless You give written notice to us within that time specifying any defect in or other proper objection to the Product, You agree that it will be presumed that you have fully inspected the Product and acknowledged that the Product is in good condition and repair and that you have accepted the Product in that good condition and repair. No Warranties – The product will be rented “as is”. We make no warranties, implied, or otherwise, that the Product is fit or suitable for your intended use or for any other purpose, with regard to its size, color, condition or other attribute. You acknowledge and agree that You have selected the Product based upon Your own evaluation and review, without representations or warranties of any kind or nature by Us. You acknowledge, further, that each Product is suitable for Your purposes in its existing state of condition and repair. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER CONCERNING THE PRODUCT, ITS CONDITION, AUTHENTICITY OR STATE OF REPAIR, YOU WAIVE ANY CLAIM YOU MAY HAVE AGAINST US FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY THE PRODUCT OR BY ANY DEFECT THEREIN, OR RESULTING FROM THE USE, REPAIR, REPLACEMENT, AUTHENTICITY OR RESTORATION THEREOF, AND, AS TO US, YOU HEREBY LEASE THE PRODUCT “AS IS”. In not e...

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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.
Partial Damage to Property (a) Tenant shall notify Landlord in writing immediately upon the occurrence of any damage to the Property. If the Property is only partially damaged (i.e., less than fifty percent (50%) of the Property is untenantable as a result of such damage or less than fifty percent (50%) of Tenant's operations are materially impaired) and if the proceeds received by Landlord from the insurance policies described in Paragraph 4.04(b) are sufficient to pay for the necessary repairs, this Lease shall remain in effect and Landlord shall repair the damage as soon as reasonably possible. Landlord may elect (but is not required) to repair any damage to Tenant's fixtures, equipment, or improvements.
DAMAGE TO PROPERTY Exhibitor is liable for any damage caused to building floors, walls or columns, or to standard booth equipment, or to other Exhibitor’s property. Exhibitor may not apply paint, lacquer, adhesives, or other coating to building columns and floors or to standard booth equipment.
Product Warranty; Product Liability (a) Except as set forth on Company Disclosure Schedule 4.23, the products produced, sold or delivered by the Company in conducting the Business have been in all material respects in conformity with all product specifications and all applicable Laws. To the Company’s Knowledge, the Company has no material Liability for damages in connection therewith or any other customer or product obligations not reserved against on the Balance Sheet.
Damage to Premises In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall xxxxx in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
Product Warranty and Product Liability Schedule 5.17 of the Disclosure Schedule contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 5.17 of the Disclosure Schedule contains a description of all product liability claims and similar claims, actions, litigation and other proceedings relating to Products which are presently pending or which to Company's knowledge are threatened, or which have been asserted or commenced against Company within the last two (2) years, in which a party thereto either requests injunctive relief (whether temporary or permanent) or alleges damages in excess of $100,000.00 (whether or not covered by insurance). To the best of the Company's knowledge, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 5.17, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign other than in the ordinary course of business. The Products have been designed and manufactured so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used herein, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured over the last three (3) years, distributed or sold by Company, in or through the Business.
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.
Products Liability There is no Action before any Governmental Authority involving Seller based upon breach of product warranty, strict liability in tort, negligent design, negligent manufacture of product, defects in design, manufacture, materials or workmanship, negligent provision of services, or any other allegation of liability, including or resulting in product recalls, arising from the materials, design, testing, manufacture, packaging, labeling (including instruction for use), documentation or sale of products (collectively, “Product Claims”; and, to the Knowledge of Seller, there is no basis for any such Product Claim. To the Knowledge of Seller, there are no material errors in any published technical documentation, specifications, manuals or user guides provided in the ordinary course of business to customers of the Business. There have been no material defects in design, manufacturing, materials or workmanship, including any failure to warn, or any breach of express or implied warranties or representations, which involve any product manufactured (or to be manufactured), shipped, sold, installed or delivered by or on behalf of Seller. There have been no product recalls by Seller with respect to any products manufactured (or to be manufactured), shipped, sold, installed or delivered by or on behalf of Seller, or to the Knowledge of Seller any investigation or consideration of or decision made by any Person or Governmental Authority concerning whether to undertake or not to undertake any recall. All manufacturing standards applied, testing procedures used, and product specifications disclosed to customers by Seller have complied in all material respects with all requirements established by any applicable Law or any Governmental Authority.
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.
Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

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