PROPERTY LOSS AND DAMAGE Sample Clauses

PROPERTY LOSS AND DAMAGE. 21.1 You are responsible for and must pay up to the amount of the applicable Liability Reduction set out in Rental Vehicle Agreement Part A for Loss or Damage to the Vehicle and for damage to third party property. 21.2 Regardless of whether cover is extended to You by thl’s insurer, You will remain responsible for the costs of demurrage for the period the Vehicle is unavailable due to repairs. Any demurrage recovered from any negligent third party will be refunded to You upon its recovery. 21.3 The Liability Reduction applies in respect of each claim, not per rental. 21.4 In the event of a claim, thl requires that You pay a second liability deposit equivalent to the applicable liability if You are continuing with the rental. 21.5 The Liability Reduction is applicable regardless of who is at fault and must be paid at the time the accident/incident is reported to thl, not at the completion of the rental period. 21.6 thl is not liable for any personal belongings left in the Vehicle which are damaged, stolen or lost. thl recommends that You do not leave items of value in the Vehicle and that You take out Your own Personal Travel Insurance.‌
Sample 1Sample 2Sample 3See All (12)
AutoNDA by SimpleDocs
PROPERTY LOSS AND DAMAGE. At all times, the TENANT will indemnify the LANDLORD from all losses, damages, liabilities, and expenses that arise or are claimed against the LANDLORD and that are in favor of any person, firm, or corporation for personal injuries or property damages, that arose about or on the PREMISES, that resulted from the TENANT's use or occupancy of the PREMISES, or that arose from the TENANT's failure to comply with any laws, statutes, ordinances, or regulations. The TENANT shall be fully liable for the actions of its directors, officers, members, partners, or subcontractors, and the employees and agents of each of them, and shall fully indemnify and hold harmless the LANDLORD, its employees, agents and assigns from claims, suits, actions, damages, and costs of every type and description, including attorneys’ fees (at both trial and appellate levels), arising from or relating to personal injury or death, and damage to real property, or tangible personal property, alleged to be caused in whole or in part by the TENANT, its officers, directors, members, partners, or subcontractors, and employees or agents of any of them; provided, however, that the TENANT shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the LANDLORD. The TENANT shall fully indemnify and hold harmless the LANDLORD, and its agents, employees and assigns from any claims, suits, actions, damages, and costs of every type and description, including attorneys’ fees (at both trial and appellate level), arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right made by third parties for any alleged violations by TENANT, its agents, employees or assigns. In the event of a claim, the LANDLORD shall promptly notify the TENANT in writing by prepaid certified mail (return receipt requested), or by delivery through any nationally recognized courier service (such as Federal Express or UPS) which provides evidence of delivery, at the notice address provided in Section 18. Such notification may also be provided by fax transmission to the following fax number: (000) 000-0000. The LANDLORD shall provide all available information and assistance that the TENANT may reasonably require regarding any claim. This agreement for indemnification shall survive termination of the Lease Agreement In the event that there is a conflict between this agreement and any other applicable indemnificati...
Sample 1Sample 2Sample 3See All (6)
PROPERTY LOSS AND DAMAGE. Acts of damage that are clearly recognizable as vandalism while an employee's vehicle is in the school setting and while the employee is acting within the scope of his/her assigned employment obligations to the District, shall be reimbursed as follows: the District will reimburse the employee the amount of his/her individual insurance policy deductible up to a maximum of five hundred dollars ($500) or the cost of repair, up to five hundred dollars ($500).
Sample 1Sample 2See All (6)
PROPERTY LOSS AND DAMAGE. 21.1 You are responsible for and must pay up to the amount of the applicable Liability Reduction set out in Customer Contract for Loss or Damage to the Vehicle and for damage to third party property unless it is a result of thl’s negligence or wilful act or omission. 21.2 Regardless of whether cover is extended to You by thl’s insurer, You will remain responsible for the costs of demurrage for the period the Vehicle is unavailable due to repairs up to the amount of the chosen Liability Reduction Option (and it applies). Any demurrage recovered from any negligent third party will be refunded to You upon its recovery. 21.3 The Liability Reduction applies in respect of each claim, not per rental. 21.4 In the event of a claim, thl requires that You pay a second liability deposit equivalent to the applicable liability if You are continuing with the rental. 21.5 The Liability Reduction is applicable regardless of who is at fault and must be paid at the time the accident/incident is reported to thl, not at the completion of the rental period. 21.6 thl is not liable for any personal belongings left in the Vehicle which are damaged, stolen or lost. thl recommends that You do not leave items of value in the Vehicle and that You take out Your own Personal Travel Insurance.‌
Sample 1Sample 2Sample 3See All (5)
PROPERTY LOSS AND DAMAGE. 6.1 Licensor and Licensor's agents and employees shall have no responsibility to handle or accept the property of Licensee. Licensor or its agents or employees shall not be liable for any damage to property of Licensee, or for loss of or damage to any property of Licensee by theft or otherwise, or for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by or due to the gross negligence or willful misconduct of Licensor, its agents or employees.
Sample 1
PROPERTY LOSS AND DAMAGE. Landlord or its agents shall not be liable for any damage to property of Tenant or of others, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature happening on, in or about the Premises. Landlord or its employees will not be liable for any such damage caused by other tenants or persons in, upon or about said building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the Premises are temporarily or permanently closed, darkened or bricked up for any reason whatsoever, including but not limited to Landlord’s own acts. Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefore nor abatement or diminution of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction.
Sample 1
PROPERTY LOSS AND DAMAGE. Tenant hereby agrees that Landlord or its agents shall not be liable for any damage to property of Tenant unless caused by or due to the negligence or intentional act of the Landlord or its agents, servants or employees. Landlord or its agent shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, water, rain or snow or leaks from any part of said Building or from the pipes, appliance or plumbing works or from the roof or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence or intentional act of the Landlord or its agents, servants or employees.
Sample 1
AutoNDA by SimpleDocs
PROPERTY LOSS AND DAMAGE. Zippy Shell shall not be liable for loss of or damage to the contents of a Container occurring during or because of the transportation or storage that Zippy Shell arranges under this Agreement. Customer acknowledges and agrees that it is Customer’s responsibility to adequately insure the contents in the Container(s).
Sample 1

Related to PROPERTY LOSS AND DAMAGE

  • Loss and Damage Lessee shall assume and bear the risk of loss, theft and damage (including any governmental requisition, condemnation or confiscation) to the Equipment and all component parts thereof from any and every cause whatsoever, whether or not covered by insurance. No loss or damage to the Equipment or any component part thereof shall impair any obligation of Lessee under this Lease Agreement, which shall continue in full force and effect except as hereinafter expressly provided. Lessee shall repair or cause to be repaired all damage to the Equipment. In the event that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed or otherwise rendered irreparably unusable or damaged (collectively, the “Loss”) then Lessee shall, within ten (10) days after the Loss, fully inform Lessor in writing of such a Loss and shall pay to Lessor the following amounts: (i) the Monthly Lease Charges (and other amounts) due and owing under this Lease Agreement, plus (ii) one-hundred (100%) percent of the original cost of the Equipment subject to the Loss if the loss occurs in the first nine months of the Initial Term, and, thereafter, the original cost of the Equipment amortized by the subsequent Monthly Lease Charges received by Lessor during the Initial Term using an amortization rate of eight hundred and ninety (890) basis points over the interest rate of the three (3) year United States Treasury Note as reported by the Federal Reserve on the Commencement Date (collectively, the sum of (i) plus (ii) shall be the “Casualty Loss Value”). Notwithstanding the proceeding, if Lessee has provided notice to terminate the applicable Lease Schedule prior to informing Lessor in writing of a Loss and such Loss is not covered by insurance proceeds pursuant to Section 13 hereof, then Lessee shall pay two (2) times the Casualty Loss Value on the Equipment subject to such Loss. Upon receipt by Lessor of the Casualty Loss Value: (i) the applicable Equipment shall be removed from the Lease Schedule; and (ii) Lessee’s obligation to pay Lease Charges associated with the applicable Equipment shall cease. Lessor may request, and Lessee shall complete, an affidavit(s) that swears out the facts supporting the Loss of any item of Equipment.

  • Insurance; Damage to or Destruction of Collateral (a) The Credit Parties shall, at their sole cost and expense, maintain the policies of insurance described on Disclosure Schedule 3.18 as in effect on the date hereof or otherwise in form and amounts and with deductibles as is customary for similarly situated businesses and with insurers reasonably acceptable to Agent. Agent and the Lenders confirm that the form, amounts and insurers described on Disclosure Schedule 3.18 are acceptable as of the Closing Date, and shall continue to be acceptable to Agent until not less than 30 days' prior written notice by Agent to Borrower to the contrary. Such policies of insurance (or the loss payable and additional insured endorsements delivered to Agent) shall contain provisions pursuant to which the insurer agrees to provide 30 days prior written notice to Agent in the event of any non-renewal, cancellation or amendment of any such insurance policy. If any Credit Party at any time or times hereafter shall fail to obtain or maintain any of the policies of insurance required above, or to pay all premiums relating thereto, Agent may at any time or times thereafter obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto that Agent deems advisable. Agent shall have no obligation to obtain insurance for any Credit Party or pay any premiums therefor. By doing so, Agent shall not be deemed to have waived any Default or Event of Default arising from any Credit Party's failure to maintain such insurance or pay any premiums therefor. All sums so disbursed, including reasonable attorneys' fees, court costs and other charges related thereto, shall be payable on demand by Borrower to Agent and shall be additional Obligations hereunder secured by the Collateral. (b) Agent reserves the right at any time (but not to be exercised more than once per Fiscal Year) upon (i) any material change in any Credit Party's risk profile (including any change in the product mix maintained by any Credit Party or any laws affecting the potential liability of such Credit Party), as determined by Agent in its commercially reasonable judgment, and (ii) not less than 30 days' prior written notice to Borrower, to require additional forms and limits of insurance to, in Agent's commercially reasonable judgment, adequately protect both Agent's and Lender's interests in all or any portion of the Collateral and to ensure that each Credit Party is protected by insurance in amounts and with coverage customary for its industry. If reasonably requested by Agent, each Credit Party shall deliver to Agent from time to time a report of a reputable insurance broker, reasonably satisfactory to Agent, with respect to its insurance policies. (c) Each Credit Party shall deliver to Agent, in form and substance reasonably satisfactory to Agent, endorsements to (i) all "All Risk" and business interruption insurance naming Agent, on behalf of itself and Lenders, as lender loss payee or mortgagee (as the case may be), and (ii) all general liability and other liability policies naming Agent, on behalf of itself and Lenders, as additional insured. Each Credit Party irrevocably makes, constitutes and appoints Agent (and all officers, employees or agents designated by Agent), so long as any Event of Default has occurred and is continuing or the anticipated insurance proceeds exceed $1,000,000, as such Credit Party's true and lawful agent and attorney-in-fact for the purpose of making, settling and adjusting claims under such "All Risk" policies of insurance, endorsing the name of such Credit Party on any check or other item of payment for the proceeds of such "All Risk" policies of insurance and for making all determinations and decisions with respect to such "All Risk" policies of insurance. Agent shall have no duty to exercise any rights or powers granted to it pursuant to the foregoing power-of-attorney. Borrower shall promptly notify Agent of any loss, damage, or destruction to the Collateral in (i) Borrower shall request a Revolving Credit Advance be made to Borrower in the amount requested to be released; (ii) so long as the conditions set forth in Section 2.2 have been met, Lenders shall make such Revolving Credit Advance; and (iii) in the case of insurance proceeds applied against the Revolving Loan, the Reserve established with respect to such insurance proceeds shall be reduced by the amount of such Revolving Credit Advance. To the extent not used to replace, repair, restore or rebuild the Collateral, such insurance proceeds shall be applied in accordance with Section 1.3(c).

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Property Damage Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. Lessee shall provide Lessor with written evidence that such insurance is in force.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!