Common use of Loss Valuation Clause in Contracts

Loss Valuation. Unless otherwise agreed per a separate writing signed by Us, and not arising from or due to Our comparative negligence or willful misconduct, or that of Our agents, contractors or Representatives, a breach of these T&Cs by Us (except Your breach of these T&C which serves as a legal excuse, estoppel, or waiver to Our further or any performance or obligations herein), or a Pre-Existing Condition in any of the Props, You are responsible to Us for the full replacement cost value (actual cash value for vehicles) or repair costs of the Props (if the Props can be restored, by repair, then to its pre-loss condition), whichever is less, occasioned by and if such repair or replacement is due to, in whole or in part, Your negligence or willful misconduct. If there were a reasonable belief atheft has occurred, You shall promptly file a police report. Loss of Use shall be calculated at the rental rate provided for in the Invoice and this T&C. Accrued rental charges shall not be applied against the purchase price or costs of repair of the lost, stolen or damaged Props. NEITHER PARTY SHALL IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, subject, however to Our provisions per Sections 2, 3, 4 and 5 hereof as those terms and provisions are understood to control and supersede.

Loss Valuation. Unless otherwise agreed per a separate writing signed by Us, and not arising from or due to Our comparative negligence or willful misconduct, or that of Our agents, contractors or Representatives, a breach of these T&Cs by Us (except Your breach of these T&C which serves as a legal excuse, estoppel, or waiver to Our further or any performance or obligations herein), or a Pre-Existing Condition in any of the Props, You are responsible to Us for the full replacement cost value (actual cash value for vehicles) or repair costs of the Props (if the Props can be restored, by repair, then to its pre-loss condition), whichever is less, occasioned by and if such repair or replacement is due to, in whole or in part, Your negligence or willful misconduct. If there were a reasonable belief atheft a theft has occurred, You shall promptly file a police report. Loss of Use shall be calculated at the rental rate provided for in the Invoice and this T&C. Accrued rental charges shall not be applied against the purchase price or costs of repair of the lost, stolen or damaged Props. NEITHER PARTY SHALL IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, subject, however to Our provisions per Sections 2, 3, 4 and 5 hereof as those terms and provisions are understood to control and supersede.

Loss Valuation. Unless otherwise agreed per a separate writing signed by Uswriting, and not arising from or due to Our comparative negligence or willful misconduct, or that of Our agents, contractors or Representatives, a breach of these T&Cs by Us (except Your breach of these T&C which serves as a legal excuse, estoppel, or waiver to Our further or any performance or obligations herein)Us, or a Pre-Existing Condition in any of the Props, You are responsible to Us for the full replacement cost value (actual cash value for vehicles) or repair costs of the Props (if the Props can be restored, by repair, then to its pre-pre- loss condition), whichever is less, occasioned occasion by and if such repair or replacement is due to, in whole or in part, to Your negligence or willful misconduct. If there were is a reasonable belief atheft reason to believe a theft has occurred, You shall promptly file a police report. Loss of Use shall be calculated at the rental rate provided for in the Invoice and this T&C. Accrued rental charges shall not be applied against the purchase price or costs of repair of the lost, stolen or damaged Props. NEITHER PARTY SHALL IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, subject, however to Our provisions per Sections 22(b), 3, 3 and 4 and 5 hereof as those terms and provisions are understood to control and supersede.