Loss or Destruction of Equipment Sample Clauses

Loss or Destruction of Equipment. Customer is responsible to Hawthorne for any loss or damage to Equipment, except for ordinary wear and tear. If the Equipment is stolen, lost or damaged, Customer shall be liable to Hawthorne for the full value of the Equipment, together with interest at the highest legal rate on such value, plus all of Hawthorne's expenses related to said loss or damage, including, but not limited to, loss of use, appraisal fees, or cost of recovery. Only if Customer has met all of the conditions as outlined in Section 17 titled “Normal Wear and Tear” and Section 18 titled “Storage and Use,” and Hawthorne’s RPP applies shall this Section not apply, and Section 22 titled “Rental Protection Program” shall apply to any physical damage covered under RPP not caused by the negligence or willful misconduct of the Customer.
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Loss or Destruction of Equipment. (1) You must advise us if the Equipment is stolen, lost, destroyed or substantially damaged or impaired. (2) If there is total or substantial loss or destruction of the Equipment or part of it, this Lease terminates in respect of that Equipment when we receive payment of the Recoverable Amount. (3) This Lease continues in respect of any Equipment that is not affected. (4) We will give you full credit for any insurance money or proceeds of salvage received by us (net of all recovery and other costs), if and when received, but if you have not paid any part of the Recoverable Amount we may deduct that unpaid amount from the insurance money or proceeds before paying the rest to you. When we are paid the Recoverable Amount, you are no longer liable for the rent instalments then unpaid in respect of the lost Equipment.
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Loss or Destruction of Equipment. Customer is responsible to Hawthorne for any loss or damage to Equipment, except for ordinary wear and tear. If the Equipment is stolen, lost or damaged, Customer shall be liable to Hawthorne for the full value of the Equipment, together with interest at the highest legal rate on such value, plus all of Hawthorne's expenses related to said loss or damage, including, but not limited to, loss of use, loss of rental income, appraisal fees, or cost of recovery. In the event the Equipment is stolen, or damaged to the extent the Equipment cannot be used, and Hawthorne is not able to procure a replacement of similar value and condition within two weeks, Customer shall be liable for cost of replacing the Equipment with whatever equipment Hawthorne can purchase at Xxxxxxxxx’x discretion. Only if Customer has met all of the conditions as outlined in Section 17 titled “Normal Wear and Tear” and Section 18 titled “Storage and Use,” and Xxxxxxxxx’x RPP applies shall this Section not apply, and Section 22 titled “Rental Protection Program” shall apply to any
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Loss or Destruction of Equipment. The Lessee shall bear the risk of -------------------------------- loss of the Equipment from the Commencement Date. If an item of Equipment is lost, stolen, destroyed or damaged beyond repair (an "Event of Loss"), the Lessee shall promptly notify the Lessor of the Event of Loss. Upon an Event of Loss, the Lessee shall have the option of (i) promptly replacing the lost, damaged or destroyed item of Equipment with identical equipment, at the Lessee's cost and expense, or (ii) paying to the replacement value of the lost, damaged or destroyed item of Equipment. If the Lessee elects to replace the Equipment, the replacement equipment shall be free and clear of all liens, encumbrances and rights of others, shall be new, and shall have functional and operational capabilities equal to or exceeding those of the lost or destroyed Equipment. Any such replacement equipment shall become the property of the Lessor and shall be deemed to be "Equipment" for all purposes hereof, whereupon the Lessor will transfer to the Lessee, without recourse or warranty, all of the Lessors right, title and interest in the lost or destroyed item of Equipment, and all proceeds which may be payable under any policy or policies of insurance insuring the Equipment against loss or casualty. There shall be no abatement of rentals pending replacement of the Equipment.
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Loss or Destruction of Equipment. In the event the Equipment, or any part thereof, is lost due to theft or is damaged such that HPFG considers it irreparable, then Lessee shall be responsible to pay HPFG the fair market value of the Equipment or any part thereof for replacement with new Equipment. In the event the Equipment is deemed a total loss, this Lease shall terminate as of the date Lessee pays HPFG the fair market value of the Equipment.
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Related to Loss or Destruction of Equipment

  • Installation of Equipment You represent that there are no legal, contractual or similar restrictions on the installation of the Equipment in the location(s) you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to the Service, to pay any fees or other charges, and to obtain any permits or authorizations necessary for the installation or use of the Service (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for violation of any applicable Legal Requirements. You acknowledge and agree that Viasat or its designated service provider will be required to access your premises and computer to install and maintain the Equipment, including, without limitation, the antenna and its components. Standard Equipment installations performed by Viasat-authorized installers include: (i) installation of the antenna to an outside wall or sloped roof; (ii) travel to and from your Service location within 50 miles of the installer’s office; (iii) cable routed through one exterior wall and one interior wall or floor; (iv) connection of the antenna to the modem using up to 150 feet of cable; (v) connection of the modem to one computer using up to 7 feet of cable; and (vi) required mounting and cabling hardware. Any different or additional installation services or hardware are non-standard and may result in additional charges to be agreed upon between you and the installer. All installations include attaching the Equipment to your computer, installing software on your computer and configuring your computer to optimize the performance of the Internet Service. You confirm that you have reviewed the installation plan and agreed to any associated charges. If you approved a roof mount, you acknowledge the potential risks associated with this type of installation (including, without limitation, with respect to any warranty that applies to your roof or roof membrane). By signing this Agreement, scheduling a service or installation visit, and permitting us or our service provider to enter your home, you are authorizing Viasat and its service provider to perform all of the above actions. You are responsible for backing up the data on your computer and we highly recommend that you do so prior to permitting access to us or one of our designated service providers. NEITHER VIASAT NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM THE EQUIPMENT OR ANY INSTALLATION, REPAIR OR OTHER SERVICES ASSOCIATED WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES OR LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. This limitation does not apply to any damages arising from the gross negligence or willful misconduct of us or one of our designated service providers. Time frames for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors.

  • Damage or Destruction (a) If the Premises shall be damaged by fire or other casualty, the Landlord shall collect the proceeds of such insurance and immediately and with all due diligence commence to repair such damage at its expense. From the date the damage occurs to the date the repairs are complete, the rent due hereunder shall be reduced by the same percentage as the percentage of the Premises which, in the Tenant's reasonable judgment, cannot be safely, economically or practically used for the operation of the Tenant's business. Anything herein to the contrary notwithstanding, if in the Tenant's reasonable judgment, any damage or destruction to the Premises from any cause whatsoever cannot be repaired within one hundred eighty (180) days following the date such damage occurs, the Tenant may terminate this Lease by written notice to the Landlord given within ninety (90) days following the occurrence of such damage. In addition, if any damage or destruction to the Premises from any cause whatsoever cannot be repaired, in the Landlord's reasonable judgment, within one hundred eighty (180) days following the date such damage occurs and the Landlord elects not to repair such damage, the Landlord shall have the right to terminate this Lease by written notice to the Tenant given within ninety (90) days after the date such damage occurred provided that no more than three (3) calendar years remain in the term hereof. Notwithstanding the foregoing, if at the time the Landlord gives such termination notice any of the renewal options provided for in the Lease have not yet been exercised and the Tenant exercises a renewal option within thirty (30) days after receipt of the Landlord's termination notice, then this Lease shall not be terminated and the Landlord shall promptly commence restoration of the Premises. (b) In the event of a termination of the Lease pursuant to this paragraph, all insurance proceeds payable by reason of damage under policies required to be carried hereunder (excluding any insurance proceeds attributable to damage to the Tenant's inventory, trade fixtures, business or leasehold improvements paid for by the Tenant) shall be paid to the Landlord.

  • Condition of Equipment Each Grantor will maintain or cause to be maintained and preserved in good condition, repair and working order, ordinary wear and tear excepted, the Equipment (necessary or useful to its business) and will forthwith, or in the case of any loss or damage to any Equipment of any Grantor within a commercially reasonable time after the occurrence thereof, make or cause to be made all repairs, replacements and other improvements in connection therewith which are necessary or desirable, consistent with past practice, or which the Collateral Agent may request to such end. Any Grantor will promptly furnish to the Collateral Agent a statement describing in reasonable detail any such loss or damage in excess of $25,000 per occurrence to any Equipment.

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