Common use of Notice of Loss Clause in Contracts

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. (b) Should the Customer discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), within one (1) Business Day from the Mint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. (b) Should any party to the Customer Agreement discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer such party shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), other party within one (1) Business Day from the Mint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), Mint a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, action suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. (b) Should the Customer discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b18(b), within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a18(a), within one (1) Business Day from the Mint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b18(b), a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. (b) . Should any party to the Customer Agreement discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer such party shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), other party within one (1) Business Day from the Mint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), Mint a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In fu the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, action suit and/or other proceeding in relation thereto shall be brought against the Mint. . (cb) LS2016-115 Page 12 of21 The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.. 13. Limitation of Liability Notwithstanding anything to the contrary in the Agreement, in addition to any other limitations of liability provided under the Agreement and/or by way of law, neither party shall be liable for any damages, losses, costs and/or expenses and/or for non-performance and/or delays of service caused by or resulting from any of the following, whether suffered directly or indirectly by the Mint and/or a Sub-Custodian and/or the Customer: (a) either: (1) war, hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (i) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (ii) by military, naval or air forces; or (iii) by an agent of any such government, power, authority or forces; or (2) insurrection, rebellion, revolution, civil war, usurped power or action taken by governmental authority in hindering, combating or defending against such an occurrence or confiscation by order of any government or public authority. (b) either: (i) any chemical, biological, or electromagnetic weapon; (ii) the use or operation, as a means for inflicting harm, of any computer, computer system, computer software, computer software programme, malicious code, computer virus or process or any other electronic system; (iii) ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; (iv) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; (v) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (vi) the radioactive, toxic, explosive or . other hazardous or contaminating properties of any radioactive matter. The exclusion in this Sub-Clause (vi) does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes. (c) any act of terrorism or any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism. An act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear; Page 13 of21 LS2016-115

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. (b) Should the Customer discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), within one (1) Business Day from the MinttheMint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals Property delivered to the Mint. (b) Should any party to the Customer Agreement discover a loss, destruction and/or damage of Precious Metals Property under the Agreement, the Customer such party shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), other party within one (1) Business Day from the Mint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals Property first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), Mint a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals Property lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should No action, suit and/or other proceeding to recover for any loss, damage and/or destruction shall be brought against the Customer either (i) fail to give Mint where a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an has been given as aforesaid but no action, suit and/or proceeding has been commenced within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a time said Notice of Loss has been given in accordance is sent by a party to the other party pursuant to this Sub- Clause. Should the Customer not comply with any of its obligations under this Sub-ClauseSub- Clause 12(b), all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals Property lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. (b) Should the Customer discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), within five (5) Business Days from the Customer's ’s discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), within one (1) Business Day from the Mint's ’s discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.

Notice of Loss. (a) The Customer and the Mint shall maintain a record of all Precious Metals delivered to the Mint. . (b) Should any party to the Customer Agreement discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Customer such party shall give a Notice of Loss to the Mint, in the manner specified in Sub-Clause 19(b), other party within five (5) Business Days from the Customer's discovery of any such loss, destruction and/or damage. Should the Mint discover a loss, destruction and/or damage of Precious Metals under the Agreement, the Mint shall give a Notice of Loss to the Customer, in the manner specified in Sub-Clause 19(a), within one (1) Business Day from the Mint's discovery of any such loss, destruction and/or damage. Notwithstanding the foregoing, in the event that the Customer receives a written statement from the Mint in which a discrepancy in the quantity of Precious Metals first appears, the Customer must give the Mint, in the manner specified in Sub-Clause 19(b), Mint a Notice of Loss regarding such a discrepancy no later than sixty (60) calendar days following reception of said written statement. In the event that a Notice of Loss is given by either party in accordance with the above, the Customer shall forthwith provide the Mint with an affirmative written statement, subscribed and sworn to by a duly authorized representative of the Customer, detailing the Precious Metals lost, destroyed and/or damaged and substantiated by the books, records and accounts of the Customer. Should the Customer either (i) fail to give a Notice of Loss within the period stated herein with respect to a loss, destruction and/ or damage; or (ii) fail to bring an action, suit and/or proceeding within twelve (12) months from the discovery of a loss, destruction and/or damage notwithstanding that a Notice of Loss has been given in accordance with this Sub-Clause, all claims with respect to such loss, destruction and/or damage shall be deemed to have been waived, and no action, action suit and/or other proceeding in relation thereto shall be brought against the Mint. (c) The parties shall promptly and diligently assist each other to establish the identity of the Precious Metals lost, destroyed and/or damaged, and shall take all such other reasonable steps as may be necessary to assure the maximum amount of salvage at a minimum cost.