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. 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. Installation & Condition of Product – Unless otherwise specified on your order, You will provide all tools, equipment, and personnel to install the Product at your location. Inability to set up the Product will be at Your sole risk. The rent on the Product will not be prorated or abated while the Product is being repaired for any reason for which You are liable. We will not be under any liability or obligation to provide service, maintenance, or repairs for the Product. Protection of Others - You will take reasonable precautions in regard to the use of the Product to protect all persons and property from injury or damage. The Product will be used only by Your employees or agents qualified to use the Product. You will, at Your own expense, maintain worker’s compensation and employer’s liability insurance as required by law during the course of the Product rental with minimum limits of Return of Product – By or before the return date of Your order, You agree to return the Product to Us free from damage, and in the same condition and appearance as ...

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.

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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.
Damage to Property Of Others 1. We will pay, at replacement cost, up to $1,000 per "occurrence" for "property damage" to property of others caused by an "insured". 2. We will not pay for "property damage": a. To the extent of any amount recoverable under Section I;
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.
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 Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.
Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) calendar days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.
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 (a) Except as set forth on Schedule 3.25, (i) there is no Action before any Governmental Entity pending, or to the Knowledge of the Seller, threatened against the Company involving any products manufactured, produced, distributed or sold by or on behalf of the Company and/or in connection with the Business (including any parts or components) (collectively, “Products”), or class of claims or lawsuits involving the same or similar Product which is pending or, to the Seller’s Knowledge, threatened, resulting from an alleged defect in design, manufacture, materials or workmanship of any Product, or any alleged failure to warn, or from any breach of implied warranties or representations (collectively, “Product Liability Lawsuits”); (ii) there has not been, within the past 12 months, any Occurrence (as hereinafter defined); and (iii) there has not been, within the past 12 months, any Product rework or retrofit (collectively, “Retrofits”) conducted by or on behalf of the Company. (b) For purposes of this Section 3.25, the term “Occurrence” shall mean any accident, happening or event which takes place at any time which is caused or allegedly caused by any alleged hazard or alleged defect in manufacture, design, materials or workmanship including, without limitation, any alleged failure to warn or any breach of express or implied warranties or representations with respect to, or any such accident, happening or event otherwise involving any Product that can reasonably be expected to result in a claim or loss. (c) Except as set forth on Schedule 3.25, to the Seller’s Knowledge, each Product manufactured, sold, leased, or delivered by the Company and the Business has been in conformity with all applicable material contractual commitments and all express and implied warranties, and the Company and the Business have no Liability (and there is no basis for any present or future proceeding against any of them giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith. No Product manufactured, sold, leased, or delivered by the Company and the Business is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. Schedule 3.25 includes copies of the standard terms and conditions of sale or lease for the Company and the Business (containing applicable guaranty, warranty, and indemnity provisions). Except as set forth on Schedule 3.25, the Seller and the Business have no obligation to any person to maintain, modify, improve or upgrade any of the Products. (d) Except as set forth on Schedule 3.25, to the Seller’s Knowledge, the Company and the Business have no material Liability (and there is no basis for any present or future proceeding against any the Company and the Business giving rise to any material Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any Product manufactured, sold, leased, or delivered by the Company and the Business.
Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.
Damage to Equipment Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers.

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