Common use of Protection from Damage Clause in Contracts

Protection from Damage. Contractor must continuously protect all Deliverables and backups therefor prior to their receipt by the Department and while in Contractor’s possession or control from damage, destruction or loss resulting from or caused by the acts or omissions of Contractor in connection with the Deliverables. Contractor must ship all Deliverables purchased pursuant to this Contract, FOB the Department’s destination. The method of shipment must be consistent with the nature of the goods and hazards of transportation. During the period Deliverables are in transit and in possession of Contractor, its subcontractors and carriers prior to their receipt by the Department, Contractor and its insurers, if any, will relieve the Department of responsibility for all risks of loss or damage thereto, unless such loss or damage are caused by the negligence or misconduct of the Department. After the Department is in receipt of a Deliverable, the risk of loss or damage will be borne by the Department, except loss or damage attributable to Contractor’s acts or omissions.