Proximate Losses Sample Clauses

Proximate Losses. (a) Subject to clauses 18.3(b) the User alone will be responsible for and liable to pay any monies by way of compensation, damages or repair which may be or become payable in consequence of the occurrence of the following during the Term of the Agreement in or about, or incidental to activities in or about, the locations specified in clause 18.4 (1) injury to or death of or loss to any person, who is employed by the User or by any person contracting or dealing with the User (2) loss of or damage to any property of the User or of any person contracting or dealing with the User; and‌ (3) any other loss incurred by the User or by any person contracting or dealing with or relying upon the provision of goods or services by the User, or having legitimate expectations as to the reliability of the supply of gas and the User shall indemnify the Owners, GGT or any person contracting with the Owners or GGT (except the User) and their respective employees, agents and servants from and against all liabilities and expenses of whatsoever nature for, under or in connection with any claim, demand, action or proceeding whatsoever made or brought by any person in respect of or in relation to any such injury, death, loss or damage. (b) Clause 18.3(a) does not operate to require the User to indemnify: (1) the Owners; (2) GGT; (3) any entity related to the Owners or GGT; or (4) the employees, agents or servants of the persons listed in paragraphs (1) to (3) above from and against any liabilities to the extent that those liabilities are unrelated to any fault, action or omission on the part of the User or persons under the direction or control of the User.
Sample 1
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Proximate Losses. The User alone will be responsible for and liable to pay any monies by way of compensation, damages or repair which may be or become payable in 60 Refer paragraph 736 (Amdt. 26) and also High Court's 2001/2002 decision in Xxxxxx's case re "contractual" proportionate liability. consequence of the occurrence during the Term of the Service Agreement in or about or incidental to activities in or about the locations specified in clause 18.4 of: (a) any injury to or death of or loss to any person, who is employed by the User or by any person contracting or dealing with the User (except GGT), howsoever caused; (b) any loss of or damage to any property of the User or of any person contracting or dealing with the User (except GGT), howsoever caused; and (c) any other loss incurred by the User or by any person contracting or dealing with or relying upon the provision of goods or services by the User (except GGT), or having legitimate expectations as to the reliability of the supply of gas howsoever caused and the User shall indemnify the Owners, GGT or any person contracting with the Owners or GGT (except the User) and their respective employees, agents and servants from and against all liabilities and expenses of whatsoever nature for, under or in connection with any claim, demand, action or proceeding whatsoever made or brought by any person in respect of or in relation to any such injury, death, loss or damage.
Sample 1
Proximate Losses. The User alone will be responsible for and liable to pay any monies by way of compensation, damages or repair which may be or become payable in consequence of the occurrence during the Term of the Service Agreement in or about or incidental to activities in or about the locations specified in clause 18.4 of: (a) any injury to or death of or loss to any person, who is employed by the User or by any person contracting or dealing with the User (except GGT), howsoever caused; (b) any loss of or damage to any property of the User or of any person contracting or dealing with the User (except GGT), howsoever caused; and (c) any other loss incurred by the User or by any person contracting or dealing with or relying upon the provision of goods or services by the User (except GGT), or having legitimate expectations as to the reliability of the supply of gas howsoever caused and the User shall indemnify the Owners, GGT or any person contracting with the Owners or GGT (except the User) and their respective employees, agents and servants from and against all liabilities and expenses of whatsoever nature for, under or in connection with any claim, demand, action or proceeding whatsoever made or brought by any person in respect of or in relation to any such injury, death, loss or damage.
Sample 1

Related to Proximate Losses

  • Compensation for Damage or Loss 1. When investments made by investors of either Contracting Party suffer loss or damage owing to war or other armed conflict which is not a result of the activities of the Contracting Party to which the investors belong, civil disturbances, revolution, riot or similar events in the territory of the latter Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or any other settlement, not less favourable than that that the latter Contracting Party accords to its own investors or to investors of any third State, whichever is most favourable to the investors concerned. 2. Without prejudice to paragraph 1 of this Article, investors of one Contracting Party who in any of the events referred to in that paragraph suffer damage or loss in the territory of the other Contracting Party resulting from: a) requisitioning of their property or part thereof by its forces or authorities; b) destruction of their property or part thereof by its forces or authorities which was not caused in combat action or was not required by the necessity of the situation, shall be accorded a prompt restitution, and where applicable prompt, adequate and effective compensation for damage or loss sustained during the period of requisitioning or as a result of destruction of their property. Resulting payments shall be made in freely convertible currency without delay. 3. Investor whose investments suffer damage or loss in accordance to paragraph 2. of this Article, shall have the right to prompt review of its case by a judicial or other competent authority of that Contracting Party and of valuation of its investments and payment of compensation in accordance with the principles set out in paragraph 2. of this Article.

  • Damage or Loss 3.1 All laptops and batteries are covered by a manufacturer’s warranty. The warranty covers manufacturer’s defects and normal use of the laptop. It does not cover negligence, abuse, malicious or accidental damage.(e.g cracked LCD screens are not covered under warranty) 3.2 Any problems, vandalism, damage loss or theft of the laptop must be reported immediately to the school. 3.3 In the case of a suspected theft a police report must be made by the family and an event number provided to the school. 3.4 In the case of accidental loss or damage a witnessed statutory declaration signed by the parent/carer should be provided and a major damage or loss report must be filled out by the student. The repair costs are subsidised. (No charge for labour). 3.5 If a laptop is damaged or lost the principal will determine whether replacement is appropriate and/or whether or not a student retains access to a laptop for home use. 3.6 Students will be required to replace lost or damaged chargers.

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • 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.

  • Partial Damage - Uninsured Loss If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall be effective sixty (60) days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee shall have the right within ten (10) days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days after making such commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are available. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice.

  • DATA LOSS The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

  • Losses After giving effect to the special allocations in Section 3.3 and 3.4 hereof, Losses for any Fiscal Year shall be allocated among the Unit Holders in proportion to Units held.

  • Consequential Losses Except as otherwise specifically provided herein, neither Party shall be liable to the other Party for any indirect, incidental or consequential loss or damages irrespective of the causes, thereof including fault or negligence.

  • Partial Damage - Insured Loss If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee's responsibility) as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the improvements, full replacement cost insurance coverage was not commercially reasonable and available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within ten (10) days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said ten (10) day period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within ten (10) days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect, or have this Lease terminate thirty (30) days thereafter. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

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