RISK AND INDEMNITIES Sample Clauses
The "Risk and Indemnities" clause defines how responsibility for potential losses, damages, or liabilities is allocated between the parties to a contract. Typically, this clause specifies which party bears the risk for certain events, such as property damage or third-party claims, and outlines the circumstances under which one party must compensate or "indemnify" the other for losses arising from those events. For example, a supplier may agree to indemnify a buyer against claims resulting from defective products. The core function of this clause is to clearly allocate risk and financial responsibility, thereby protecting parties from unforeseen liabilities and disputes.
RISK AND INDEMNITIES. 7.1 The Lead Commissioner will manage the risk in accordance with current contractual arrangements, including any financial overspend or underspend.
7.2 The Host and other Partners shall be required to inform the Steering Group of any likely risks in relation to the Pooled Fund. Partners shall also be required to develop a recovery plan for resolving risks and bringing the plan back into balance.
7.3 Each Partner (the "Indemnifying Partner") shall indemnify and keep indemnified the other Partner (the "Indemnified Partner") against all actions, proceedings, costs, claims, demands, liabilities, losses and expenses whatsoever, whether arising in tort (including negligence), default or breach of this Agreement, to the extent that any loss or claim is due to the breach of contract, negligence, wilful default or fraud of itself, the Indemnifying Partner's employees, or any of its Representatives or sub-contractors, except to the extent that the loss or claim is directly caused by or directly arises from the negligence, breach of this Agreement, or applicable Law by the Indemnified Partner or its Representatives.
RISK AND INDEMNITIES. 12.1 We require the Renter to indemnify us for any loss or damage, direct or indirect, incurred if the Rented Items are moved from the Premises by the Renter for any reason whatsoever.
12.2 If the Renter moves the Rented Items from the Premises and the Rented Items are damaged while in transit, we may, in our sole discretion, agree to repair any damage to the Rented Items. Any repair works completed under this clause 13 will be at the Renter’s expense. The Renter must notify us of the damage to the Rented Goods and we will arrange the repair within thirty (30) days of receiving the notice.
12.3 Subject to clauses 12.7 - 12.9 below, the Renter assumes all risks and liability in relation to the Rented Items and the use and storage of the Rented Items (including liability for injury to any person or damage to any property, whether direct or consequential).
12.4 The Renter must include the Rented Items on their Household Contents Insurance Policy. If the Renter does not have a Household Contents Insurance Policy or the Policy lapses the Renter indemnifies us against any loss.
12.5 The Renter indemnifies us against all losses, liabilities and reasonable enforcement expenses incurred by us as a result of:
(a) Loss of or damage to the Rented Items by any cause (including lawful confiscation but excluding normal wear and tear);
(b) Anything done by or with the Rented Items; or
(c) The occurrence of any Default Event.
12.6 The Renter must pay to us on demand any amount payable under this indemnity.
12.7 If a natural disaster impacts the Rented Items and the Rented Items are either lost or destroyed, the following shall apply:
(a) to the extent the Renter can safely do so, the Renter must remove the Rented Items before the natural disaster and ensure that the Rented Items are protected from harm;
(b) If the Rented Items are destroyed or damaged beyond repair, the Renter must contact us to request relief and:
(i) provide us with notice of the natural disaster;
(ii) provide us with proof of the natural disaster which can be by way of photographs (phone images will suffice), or media coverage; and
(iii) provide photographic evidence of the Premises which was adversely impacted by the natural disaster.
(c) We will consider each application for relief on its merits in light of the individual circumstances of the Renter and the request for relief.
12.8 Subject to the Renter meeting its obligations as set out in clause 12.7(b), where we are satisfied that the Rented Items ...
RISK AND INDEMNITIES. 9.1 The Customer assumes all risks and liability in relation to the Cabin including liability for injury to any person or damage to any property, whether direct or consequential.
9.2 The Customer indemnifies the Company against all losses, costs, liabilities and expenses incurred by the Company because of:
9.2.1 Loss of, or damage to, the Cabin by any cause including lawful confiscation,
9.2.2 Anything done by or with the Cabin,
9.2.3 A breach of this Agreement by the Customer, or;
9.2.4 The occurrence of an Event of Default referred to in clause 16.
9.3 The Customer must pay to the Company on demand any amount payable under the indemnity in clause 9.2.
9.4 The Customer must report any theft of the Cabin through a crime to the police and to the Company within seven days of the offence occurring and such loss must be substantiated by providing a copy of the relevant police report to the Company.
RISK AND INDEMNITIES. As prescribed in 1228.306–70(a) and (d), insert the following clause: The Contractor hereby agrees to indemnify and hold harmless the Government, its offi- cers and employees from and against all claims, demands, damages, liabilities, losses, suits and judgments (including all costs and expenses incident thereto) which may be suf- fered by, accrue against, be charged to or re-
RISK AND INDEMNITIES. 4.1 The renter assumes all risks and liability in relation to the equipment (including liability for injury to any person or damage to any property, whether direct or consequential).
4.2 The renter acknowledges that the reading obtained through the correct use of the equipment is considered accurate at the time of testing. Neither the manufacturer, distributor, owner nor licensee of the equipment, accepts liability or responsibility in respect thereof. Readings obtained through use of the equipment cannot be used as evidence in a court or tribunal.
RISK AND INDEMNITIES.
18.1 The Hirer agrees to use, operate and possess the Equipment at the Hirer's risk and bears the entire risk of loss and damage to the Equipment from any cause whilst the Equipment is on hire or being recovered from hire except a cause which arises from an act or omission of the Owner. If the Equipment is lost or damaged whilst at the Hirer’s risk, the Hirer agrees to pay the Owner:
(a) any costs incurred by the Owner to recover and repair or replace the Equipment; and
(b) the Rent for the period of time it takes for the Equipment to be repaired or replaced.
18.2 The Hirer releases the Owner to the full extent permitted by law from all claims in respect of any loss or damage arising directly or indirectly from a breakdown of, or defect in, the Equipment or any accident to or involving the Equipment where the claims do not arise from an act or omission of the Owner.
18.3 The Hirer indemnifies the Owner and its agents and employees from and against all duties, taxes, damages, penalties, claims, actions, losses, liabilities, legal costs or other expenses (including legal fees reasonably incurred), whether in respect of property or persons, or otherwise:
(a) which may arise in respect of the hire of the Equipment to the Hirer, or the possession, condition, use or operation of the Equipment by the Hirer or any other person, except where arising from something the Owner does or fails to do or from things beyond the reasonable control of the Hirer,
(b) arising from any breach by the Hirer of this document; or
(c) incurred by the Owner resulting from any seizure, distress, execution, extinguishment, confiscation, vesting or forfeiture of the Equipment whilst on hire to the Hirer.
18.4 The indemnities contained in this clause will continue in full force notwithstanding the expiry or termination of this agreement.
18.5 If a hire is a standard form small business contract under the Australian Consumer Law, the indemnities must not be applied to the extent that they are unfair under that law.
RISK AND INDEMNITIES. 4.1 On and from the Acceptance Date, the Renter assumes all risks and liability in relation to the Equipment (including liability for injury to any person or damage to any property, whether direct or consequential).
4.2 The Renter acknowledges that the reading obtained through the correct use of the Equipment is considered accurate at the time of testing. Neither the manufacturer, distributor, Owner nor licensee of the Equipment, accepts liability or responsibility in respect thereof. Readings obtained through use of the Equipment cannot be used as evidence in a court or tribunal.
RISK AND INDEMNITIES. You acknowledge and agree that:
a. To the fullest extent permitted by law, and notwithstanding anything else in these Terms and Conditions, You must indemnify and keep A1 Bus Charters indemnified against any Loss sustained or incurred, or any Claim brought by any person as a result, whether directly or indirectly, of:
i. Any breach, default, or non-performance of a term of these Terms and Conditions by You;
ii. Any act or omission (including negligent acts or omissions) by You.
b. Clause 9(a) of these Terms and Conditions applies irrespective of whether A1 Bus Charters breaches any term of these Terms and Conditions.
c. To the extent that the indemnity in clause 9(a) of these Terms and Conditions is by law void or unenforceable, the indemnity will apply, however, will be reduced to the extent the Loss arises from, or is contributed to by, the gross negligence or a willful or deliberate act by A1 Bus Charters.
d. Each indemnity in this clause 9 is a primary obligation and A1 Bus Charters is not obliged to proceed against or enforce any other right against any person or property or demand payment from any other person before making a demand for payment by You under these Terms and Conditions.
e. Your obligations under clause 9 are absolute and unconditional. They are not subject to any set-off, counterclaims, or conditions. In particular, Your obligations will not be affected by anything which might abrogate, prejudice, or limit them or the effectiveness of these Terms and Conditions.
f. If any transaction or payment under these Terms and Conditions is void, voidable, or otherwise unenforceable or refundable:
i. A1 Bus Charters is entitled against You to all rights under these Terms and Conditions and any collateral security that it would have had if the transaction or payment had not occurred or been made, as the case may be; and
ii. You must do all things and sign such documents necessary to restore to A1 Bus Charters its rights under these Terms and Conditions or any collateral security immediately before that transaction or payment.
g. You must make payments to A1 Bus Charters under this clause 9:
i. On demand;
ii. In immediately available funds and without any Claim, set-off, counterclaim, condition or, unless required by law, deduction or withholding.
h. Clause 9 survives termination of these Terms and Conditions.
RISK AND INDEMNITIES. The Customer assumes all risks and liability in relation to the Cabin (including liability for injury to any person or damage to any property, whether direct or consequential). The Customer indemnifies the Lessor against all losses, costs, liabilities and expenses incurred by the Lessor as a result of: loss of, or damage to or destruction of the Cabin by any cause (including lawful confiscation); anything done by or with the Cabin; a breach of this Agreement by the Customer; or the occurrence of an Event of Default referred to in clause 0. The Customer must pay to the Lessor on demand any amount payable under the indemnity in clause 0. The Customer must report any theft of the Cabin during the course of a burglary or robbery to the police and to the Lessor within seven (7) days of the offence occurring, and such loss must be substantiated by providing a copy of the relevant police report to the Lessor.
RISK AND INDEMNITIES