Other Damage or Loss Sample Clauses
Other Damage or Loss. Except for any damage or loss resulting from fire (other than one caused by the negligence of Merrimack), flood, tornado, earthquake or other act of God beyond Merrimack’s ability to control or to the extent caused by Actavis’ negligence or willful misconduct or to the extent attributable to ordinary course yield losses during manufacture of Bulk Product, Merrimack shall assume all responsibility and liability for, and shall defend, indemnify and hold Actavis harmless from and against, any loss of or damage to the API that occurs while Merrimack has custody and control over the API. Such responsibility and liability shall commence upon the receipt of the API at Merrimack’s manufacturing facility and end upon the delivery of the Product.
Other Damage or Loss. Except for any damage or loss resulting from fire (other than one cause by the negligence of Contractor), flood, tornado, earthquake, or other act of God beyond Contractor’s ability to control or to the extent caused by Allergan’s negligence or willful misconduct, Contractor shall assume all responsibility and liability for, and shall defend, indemnify and hold Allergan harmless from and against, any loss of or damage to the API and/or Intermediate Product while Contractor has custody and control over the API and/or Intermediate Product, Work-In-Process, Bulk and/or Finished Product. Such responsibility and liability shall commence upon the receipt of the API and/or Intermediate Product at the Facility and end upon the release of a specific Product by Contractor to Allergan’s carrier at the Contractor’s dock for delivery to Allergan.
Other Damage or Loss. Remedy ...................................................................
Other Damage or Loss. Except for any loss or damage resulting from fire (other than one caused by the negligence of Oread), flood, tornado, earthquake or other act of God beyond Oread's ability to control or to the extent caused by Praecis's negligence or willful misconduct, Oread shall assume all responsibility and liability for, and shall defend, indemnify and hold Praecis harmless from and against, any loss of or damage to the Intermediate while Oread has custody and control over the Intermediate, Work in Process and/or the finished Product. Such responsibility and liability shall commence upon the receipt of the Intermediate at the Facility and end upon the earlier of (i) delivery of the Product containing such Intermediate to a common carrier at the Facility for shipment to Praecis or its irradiation supplier, or (ii) with respect to any Batch thirty (30)days following the Oread Approval Date, but only if during such thirty (30) period Praecis has not duly instructed Oread with respect to the shipment of such Batch.
Other Damage or Loss. Except for any damage or loss resulting from fire (other than one caused by the negligence of Manufacturer), flood, tornado, earthquake, or other act of God beyond Manufacturer’s ability to control or to the extent caused by Customer’s gross negligence or willful misconduct, subject to the limitation of liability set forth in Section 14.4, Manufacturer shall assume all responsibility and liability for any loss of or damage to the API and/or Intermediate Product while Manufacturer has custody and control over the API and/or Intermediate Product, Work-In-Process, Bulk Product and/or Finished Product. Such responsibility and liability shall commence upon the receipt of the API and/or Intermediate Product at the Facility and end upon the delivery of the Product to Customer. Manufacturer shall insure itself for this potential loss pursuant to Section 17.