LOSS THEFT DAMAGE WAIVER Sample Clauses

LOSS THEFT DAMAGE WAIVER. 15.1 Loss Theft Damage Waiver (‘LTD Waiver’) is not insurance, but is an agreement by Us to limit Your liability in certain circumstances for loss, theft or damage to the Equipment to an amount called the LTD Waiver Excess. The LTD Waiver Excess is explained below in clause 15.5. Note the limitations set out in clause 15.6.
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LOSS THEFT DAMAGE WAIVER. 13.1 Loss Theft Damage Waiver (‘LTD Waiver’) is not insurance, but is an agreement by Us to limit your liability in certain circumstances for loss, theft or damage to the equipment to an amount called the LTD Waiver Excess. The LTD Waiver excess is explained below in cluse 13.5. note the limitations set out in clause 13.6
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LOSS THEFT DAMAGE WAIVER. 15.1. The Client shall be liable for and indemnify MCS against, any theft, loss or damage to the Plant and Equipment during the Hire Period (including consequential losses suffered by MCS, such as loss of profits) save and to the extent any such theft, loss or damage is caused by MCS.
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LOSS THEFT DAMAGE WAIVER. 13.1 The Customer's liability may be limited to the damage waiver excess in accordance with this clause 13.
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LOSS THEFT DAMAGE WAIVER. Loss Theft Damage Waiver (LTD Waiver) is not insurance, but is an agreement by us to limit Your liability in certain circumstances for loss, theft or damage to the Equipment to an amount called the LTD Waiver Excess. The LTD Waiver Excess is explained below. A LTD Waiver Fee will be automatically charged to You and added to your Hire Charges. We will waive our right to claim against You for loss, theft or damage to the Equipment if: You have promptly reported the incident to the police and provided us with a written police report; You have co-operated with us and provided the details of the incident, including any written or photographic evidence we require; the loss, theft or damage does not fall into one or more of the circumstances set out in clause 15(e); and You have paid us the LTD Waiver Excess. The LTD Waiver Excess for each item of Equipment is the amount equal to the greater of: $500.00 or (if the replacement cost of the Equipment is less than $500.00) the full new replacement cost of the Equipment; OR 15% of the cost of the repairs (if the Equipment is partially damaged and can be repaired); OR 15% of the full new replacement cost of the Equipment (if the Equipment is lost, stolen or damaged beyond repair). We will not waive our rights to claim against You for loss, theft or damage to the Equipment and LTD Waiver will not apply if the loss, theft or damage: has arisen as a result of Your breach of a clause of these Terms; has been caused by Your negligent act or omission; has arisen as a result of Your failure to keep the Equipment in a securely locked compound; has arisen as a result of Your use of the Equipment in violation of any laws; has been caused by being lifted by crane or other lifting equipment; has been caused by Your failure to use the Equipment for its intended purpose or in accordance with our instructions or the has been caused by collision with a bridge, car park, awning, gutter, tree or any other overhead structure or object due to insufficient clearance; has been caused by the overloading of the Equipment or any components thereof; is to motors or other electrical Equipment or components within the Equipment caused by electrical overload, a surge in electrical current or the use of under-rated or excessive lengths of extension leads with the electrical Equipment; is caused by exposure to any corrosive or caustic substance, such as cyanide, salt water, acid, and other similar substances; is caused by vandalism; is to tyres or t...
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LOSS THEFT DAMAGE WAIVER. (a) Loss Theft Damage Waiver (`LTD Waiver') is not insurance, but is an agreement by Sydney Plant & Machinery Hire to limit Your liability in certain circumstances for loss, theft or damage to Our Equipment to an amount called the LTD Waiver Excess. The LTD Waiver Excess is explained below.
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LOSS THEFT DAMAGE WAIVER 
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Related to LOSS THEFT DAMAGE WAIVER

  • Damage Waiver In any action arising from or relating to the Agreement, the parties waive all claims for incidental and/or consequential damages, even if the other party has been apprised of the likelihood of such damage. The parties further waive all claims to exemplary and punitive damages. Nothing in this provision or this Agreement shall restrict or limit a Party’s right to recover liquidated damages as set forth in these Terms & Policies.

  • Expenses Indemnity Damage Waiver (a) The Borrower shall pay (i) all reasonable out-of-pocket expenses incurred by the Administrative Agent and its Affiliates, including the reasonable fees, charges and disbursements of counsel for the Administrative Agent, in connection with the syndication and distribution (including, without limitation, via the internet or through a service such as Intralinks) of the credit facilities provided for herein, the preparation and administration of this Agreement and the other Loan Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable out-of-pocket expenses incurred by the Issuing Bank in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) all out-of-pocket expenses incurred by the Administrative Agent, the Issuing Bank or any Lender, including the fees, charges and disbursements of any counsel for the Administrative Agent, the Issuing Bank or any Lender, in connection with the enforcement or protection of its rights in connection with this Agreement and any other Loan Document, including its rights under this Section, or in connection with the Loans made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Waiver of Consequential Damages, Etc To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

  • Mutual Waiver of Consequential Damages In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.

  • Waiver of Consequential Damages To the fullest extent permitted by applicable Law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, the Related Documents or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Term Loan or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents, the Related Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

  • 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.

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