Protection From Damage. Contractor shall continuously protect all Deliverables and backups therefor prior to their Acceptance 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 Services. Contractor shall ship all Deliverables purchased pursuant to this Contract, FOB AOC’s destination. The method of shipment shall 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 carriers or AOC prior to their Acceptance, Contractor and its insurers, if any, shall relieve AOC of responsibility for all risks of loss or damage thereto, unless such loss or damage are caused by the negligence or misconduct of AOC. After AOC provides Acceptance for a Deliverable, the risk of loss or damage shall be borne by AOC, except loss or damage attributable to Contractor’s acts or omissions.
Appears in 2 contracts
Samples: System Contract, Escrow Agreement
Protection From Damage. Contractor shall continuously protect all Deliverables and backups therefor prior to their Acceptance 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 Services. Contractor shall ship all Deliverables purchased pursuant to this Contract, FOB AOCState’s destination. The method of shipment shall 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 carriers or AOC State prior to their Acceptance, Contractor and its insurers, if any, shall relieve AOC State of responsibility for all risks of loss or damage thereto, unless such loss or damage are caused by the negligence or misconduct of AOCState. After AOC State provides Acceptance for a Deliverable, the risk of loss or damage shall be borne by AOCState, except loss or damage attributable to Contractor’s acts or omissions.
Appears in 1 contract
Samples: H Escrow Agreement
Protection From Damage. Contractor shall continuously protect all Deliverables and backups therefor prior to their Acceptance 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 Services. Contractor shall ship all Deliverables purchased pursuant to this Contract, FOB AOC’s destination. The method of shipment shall 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 carriers or AOC prior to their Acceptance, Contractor and its insurers, if any, shall relieve AOC of responsibility for all risks of loss or damage thereto, unless such loss or damage are caused by the negligence or misconduct of AOC. After AOC provides Acceptance for a Deliverable, the risk of loss or damage shall be borne by AOC, except loss or damage attributable to Contractor’s acts or omissions.
Appears in 1 contract
Samples: Escrow Agreement