Risk. 16.1 With effect from the date of the Contract of Sale, solely as between the Purchaser and the Bank, the risk relating to the Property shall be that of the Purchaser as regard to loss and/or damage (full or partial) of whatsoever nature or howsoever occurring to the Property.
16.2 The placement of risk as herein provided shall be solely as between the Purchaser and the Bank for the purpose of determining the liability of the parties to the Contract of Sale and shall not in any manner affect or intended to affect the insurance policy which may be subsisting or which may be taken up to cover the Property.
16.3 Unless expressly provided herein, the Bank, the Solicitors and the Auctioneers or any of them or their respective agents or servants shall under no circumstances be liable to any bidders or the Purchasers, including but not limited to liability in tort, in relation to any matter or thing arising out of or in connection with, or in respect of the sale of the Property whatsoever and howsoever caused or arising.
Risk. 20.1 With effect from the date of the Contract of Sale, solely between the Purchaser and MBSB BANK BERHAD, the risk relating to the property shall be that of the Purchaser as regard to loss and/or damage (full or partial) of whatsoever nature or howsoever occurring to the property.
20.2 The placement of risk as herein provided shall be solely as between Purchaser and MBSB BANK BERHAD for the purpose of determining the liability of the parties to the Contract of the Sale and shall not in any manner affect or intended to affect the /takaful certificate which may be subsisting or which may be taken up to cover the property.
20.3 Unless expressly provided herein, MBSB BANK BERHAD, the Solicitors and the Auctioneers or any of them or their respective agents or servants shall under no circumstances be liable to any bidders or the Purchasers, including but not limited to liability in tort, in relation to any matter or thing arising out of or in connection with, or in respect of the sale of the Property whatsoever and howsoever caused or arising
Risk. The Property is at the Buyer’s risk from 5pm on the first Business Day after the Contract Date.
Risk. The Subscriber recognizes that the purchase of Units in the Company involves a high degree of risk in that (i) the Company has no operating history; (ii) an investment in the Company is highly speculative, and only investors who can afford the loss of their entire investment should consider investing in the Company; (iii) the Subscriber may not be able to liquidate his, her or its investment; (iv) transferability of the Units is extremely limited; and (v) in the event of a disposition, the Subscriber could sustain the loss of his, her or its entire investment.
Risk. The goods will be and shall remain at the Supplier’s risk until such time as they are delivered to the Buyer (or at his direction), and are found to be in accordance with the requirements of this Agreement. It shall be the duty of the Supplier at all times to maintain a contract of insurance over the goods and, on request from the Buyer, to assign to the Buyer the benefits of such insurance.
Risk a. Notwithstanding Retention of Title provisions as per clause 3 hereof, the risk in Goods purchased shall pass to the Customer upon delivery to the Customer or its agent or a carrier nominated by the Customer.
b. If any of the Goods are damaged or destroyed prior to the title passing to the Customer, the Company is entitled, without affecting any other rights and remedies under any agreement, to any insurance proceeds payable for the Goods.
Risk. The Holder understands that its investment in the Exchange Securities involves a high degree of risk. The Holder is able to bear the risk of an investment in the Exchange Securities including, without limitation, the risk of total loss of its investment. The Holder has sought such accounting, legal and tax advice as it has considered necessary to make an informed investment decision with respect to the Exchange.
Risk. 9.1 If HSE retains ownership of the Materials under clause 15 then:
(a) where HSE is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;
(i) the Client or the Client’s nominated xxxxxxx takes possession of the Materials at HSE’s address; or
(ii) the Materials are delivered by HSE or HSE’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where the Client is to supply Materials, said Materials have to be up to industry standard and HSE reserve the right to not use said Materials if, in HSE’s judgement, they do not come up to relevant industry standard. If HSE have to acquire replacement Materials, HSE will pass those costs on to the Client.
9.2 Notwithstanding the provisions of clause 9.1 if the Client specifically requests HSE to leave Materials outside HSE’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
9.3 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to roofing), HSE reasonably forms the opinion that the Client’s premises are not safe for the installation of Materials to proceed then HSE shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 7.1) until HSE is satisfied that it is safe for the installation to proceed.
9.4 The Client acknowledges that HSE is only responsible for parts that are replaced by HSE; in the event that other parts/Materials subsequently fail, the Client agrees to indemnify HSE against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising.
9.5 H...
Risk. The State shall be at risk for the per capita cost (as determined by the method described below) for Demonstration eligibles under this budget neutrality agreement, but not for the number of Demonstration eligibles in each of the groups. By providing FFP for all Demonstration eligibles, the State shall not be at risk for changing economic conditions that impact enrollment levels. However, by placing the State at risk for the per capita costs for Demonstration eligibles under this agreement, CMS assures that Federal Demonstration expenditures do not exceed the level of expenditures that would have occurred had there been no Demonstration.
Risk. 9.1 If Pit Stop retains ownership of the Parts under clause 10 then:
(a) where Pit Stop is supplying Parts only, all risk for the Parts shall immediately pass to the Customer on delivery and the Customer must insure the Parts on or before delivery. Delivery of the Parts shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier takes possession of the Parts at Pit Stop’s address; or
(ii) the Parts are delivered by Pit Stop or Pit Stop’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
9.2 Notwithstanding the provisions of clause 9.1 if the Customer specifically requests Pit Stop to leave Parts outside Pit Stop’s premises for collection or to deliver the Parts to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts are insured adequately or at all. In the event that such Parts are lost, damaged or destroyed then replacement of the Parts shall be at the Customer’s expense.
9.3 The Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop is only responsible for Parts that are replaced by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s...
