Common use of Loss or Destruction of Equipment Clause in Contracts

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.