Risk and Liability. 16.1 When receiving the Products at the Take Over Point, the Contractor shall ensure that any and all damage or discrepancies observed are noted and notify ArcelorMittal immediately, but not later than within 6 (six) hours of the Contractor becoming aware of any such damages or discrepancies. The Contractor undertakes not to handle any damaged Products until ArcelorMittal has inspected such damaged Products. ArcelorMittal shall carry out such inspection when it deems it to be necessary.
16.2 The Contractor shall be liable for loss or damage to the Products, whilst the Products are in custody and control of the Contractor. The Products will be considered to be in the Contractor’s custody and under its control from the time of receipt at the Take Over Point until delivered to the Destination.
16.3 Notwithstanding any instruction that maybe given by ArcelorMittal, the Contractor shall be liable for any loss or damage to the Products resulting from defects or damage or other factors caused by handling methods or equipment of the Contractor or Contractor Employees.
16.4 The Contractor shall be responsible for any delays or damages whatsoever incurred due to the inability of the Contractor or Contractor Employees to perform in terms of this Agreement.
16.5 ArcelorMittal shall not be liable for, or in respect of, or in consequence of, any accident or damage caused to any property belonging to the Contractor or Contractor Employees and the Contractor indemnifies ArcelorMittal against all such damages and compensation against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto. The Contractor is obliged to inform the Contractor Employees of the foregoing as any such claim shall be referred to the Contractor in terms of this clause.
16.6 ArcelorMittal reserves the right to subject all vehicles and personnel of the Contractor or Contractor Employees to a security check whilst entering or leaving the property of ArcelorMittal which security check may, with due observance of all statutory provisions, include a vehicle search, body search, and breathalyser test of any employee of the Contractor or Contractor Employees.
Risk and Liability. (a) Except as otherwise provided in the Agreement, the Mint shall bear all risks of loss, destruction and/or damage to Precious Metals delivered to the Mint’s Facility for storage under the Agreement from the time said Precious Metals have been taken into the Mint’s possession and control, whether through physical delivery or through a Transfer of Allocated Storage. Should the Mint discover a discrepancy during the verification process pursuant to Sub-Clause 4(g) between: (i) the weight in xxxx ounces of the Precious Metals as determined by the Mint; and (ii) the information stated in the Initial Notice, the Mint’s liability under the Agreement shall be immediately adjusted to the weight in xxxx ounces of the Precious Metals as determined by the Mint, upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals that were not actually delivered to the Mint’s Facility or taken into the Mint’s possession and control. The Mint’s liability shall terminate in respect of any portion of the Precious Metals upon the termination of the Agreement, whether or not the Precious Metals remain in the Mint’s Facility, upon transfer of the Precious Metals under a Transfer of Allocated Storage, as requested by the Customer, or upon remittance to the Customer’s carrier or representative in the event of a Withdrawal or in the event of the return of the Precious Metals pursuant to Sub-Clause 4(f), Sub-Clause 4(i) or Sub-Clause 14(c).
(b) The Customer shall ensure that Precious Metals sent to the Mint’s Facility are packaged in accordance with the custom of the trade so that the Precious Metals are not reasonably susceptible to damage.
(c) Conditional upon the Customer giving the Mint a Notice of Loss in accordance with Sub-Clause 11(b) where the loss and/or destruction is discovered by the Customer, in the event of loss and/or destruction of Precious Metals (whether through fraud, theft, negligence or otherwise and regardless of culpability by the Mint) for which the Mint bears the risks of loss, destruction or damage as provided in Sub-Clause 10(a), the Mint will either, in its discretion:
(i) replace the lost and/or destroyed Precious Metals based on the weight and assay characteristics provided in the Customer’s Initial Notice, as adjusted pursuant to Sub-Clause 10(a) in the event of a discrepancy;
(ii) compensate the Customer for the monetary value of the lost and/or destroyed Precious Metals based on the weight and assa...
Risk and Liability i. Except as expressly provided in the Concession Agreement, the Concessionaire shall carry out and perform its rights and obligations under the Concession Agreement and the Project Agreements at its own cost and risk. It shall be fully responsible for and shall bear the financial risks in relation to the Project and all its rights and obligations under or pursuant to the Concession Agreement and the Project Agreements.
Risk and Liability. Subject to applicable Laws, the Seller shall be fully responsible to the Buyer for the suitability of the Project Site, for the conduct of the Project and for the condition of the Project Site, including but not limited to climatic, hydrological, hydro-geological, ecological, environmental, geotechnical, geological, paleontological and archaeological conditions (including the discovery of any heritage resources as defined in the National Heritage Resources Act, 1999), the adequacy of the road and rail links to, and routing of power lines existing at the Signature Date on, the Project Site and the availability of adequate supplies of utilities.
Risk and Liability. 10.1. The Client is aware and acknowledges that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of Financial Instruments) through the Company and the Company’s Trading Platform and accepts that he is willing to undertake this risk upon entering into this business relationship. You agree to use the Website at your own risk. Without limiting the foregoing, the financial services contained within the Website are suitable only for customers who are able to bear the loss of all the money they invest and who understand the risks involved in the acquisition of financial contracts.
10.2. The Client acknowledges and understands that due to market fluctuations, the value of Financial Instruments may increase or decrease, or may even be reduced to zero. Regardless of the information the Company may provide to the Client, the Client agrees and acknowledges the possibility of these cases occurring.
10.3. The placing of Contingent Orders, (such as a Stop-Loss Order), may not always limit your Losses to the amount you want. Conditions may prevent Execution of such Orders.
10.4. If your Account Balance falls below the minimum required Balance as outlined in this Agreement, the Company reserves the right to reduce or close out your Positions. The minimum Balance may be varied at Company’s discretion. You hereby agree that the Stop out level will equal to the 50% of your balance at the relevant time while a Margin Call shall take place when your balance during the relevant time is equal or less than 100% of the required Margin.
10.5. If you open a Position and close it before the Markets have moved favorably, you may incur
10.6. Data supplied by Third Parties may be delayed, incorrect or unavailable. The Company is not responsible for provision of neither such Information/Data Services nor the consequences if they fail, are delayed or are wrong.
10.7. While the Company has made every reasonable effort to ensure continuity of Services, Operational Risk such as disruptions to Communications, Computers, Networks or External events may lead to delays in the Execution and Settlement of a Transaction.
10.8. Should you fail to pay or provide security for amounts payable to the Company or fail to perform any obligation as set out in this Agreement, the Company is entitled to take steps to protect its position. You also indemnify the company and its Agents, Representatives and Employees against certain Losses and Lia...
Risk and Liability. The Hirer accepts that use of the Community Centre is at its own risk and the Hirer acknowledges and accepts responsibility and liability for all persons invited (or otherwise allowed entry by the Hirer) by the Hirer to enter and use the Community Centre pursuant to this agreement.
Risk and Liability a. Practising sports may entail risks. When using our facilities, you must assess your capabilities. We do not offer active assistance by team members at the club. You can, however, book a Personal Trainer or buy a personal training session (intro PT). You are personally responsible for the manner in which you train and the training choices you make. Using the facilities is at your own risk. Should you have doubts about your physical condition and/or capabilities, we recommend expert advice from a physician or specialist in order to determine the correct and optimal mode of training.
b. Personal training sessions are solely reserved to be given by personal trainers that have an agreement with il xxxxx healthcenters.
c. il xxxxx healthcenters and our employees are not liable for material or immaterial damage or injuries due to an accident in our clubs.
d. We advise that you refrain from bringing any valuable belongings to the clubs. il xxxxx healthcenters always provides lockers, although use is at your own risk. il xxxxx healthcenters does not accept any liability claims for damage, loss, or theft of your belongings.
Risk and Liability. 8.1. The Contractor will add to its contract(s) with any non-governmental contractor(s) or subcontractor(s) performing services in performance of this Agreement that the contractor(s) or subcontractor(s) will comply with the Minimum Subcontract Provisions found on AHCCCS’ website. The Contractor has the discretion, based on the work performed by the Contractor’s contractor(s) or subcontractor(s), to determine which of the insurance provisions in the Minimum Subcontract Provisions apply to each of the Contractor’s contractor(s) or subcontractor(s).
Risk and Liability. The Seller shall be responsible, at its own cost and risk, for: obtaining all Consents including those obtained under Clause 4.2.1 (On Effective Date), except for NamPower's Consents, and maintaining all Seller's Consents in full force and effect during the Term of this Agreement; the commencement of supply of Net Energy to NamPower no later than the Target Commercial Operation Date excluding delays not attributable to the Seller; connecting the Power Plant with the Connection Facilities at the Delivery Point as contemplated in the Connection Offer Letter; operating and maintaining the Power Plant throughout the Term of this Agreement free and clear of encumbrances, except those provided to the Lenders under the Finance Documents, and except as expressly permitted under Clause 23 (Cession and Assignment); and fulfilling all obligations undertaken by the Seller under this Agreement. The Seller shall be fully responsible for the suitability of the Project Site and shall assume all risk and liabilities associated with the Project Site. The Seller shall be required to obtain all information with regard to the Connection Works as is reasonably necessary to enable it to design, install and operate all interconnection plant and apparatus on the Seller’s side of the Delivery Point in accordance with the Transmission Connection Agreement and the Grid Code. NamPower shall have the right from time to time, on not less than forty eight (48) hours’ written notice, to designate not more than four (4) of NamPower’s representatives who shall be entitled to have access to the Project Site at reasonable times for the purpose of viewing the Power Plant and verifying the Seller’s compliance with its obligations under this Agreement: Provided that NamPower shall ensure that its representatives shall comply with all Project Site health and safety precautions and standards and shall not interfere with the construction, operation and maintenance of the Power Project. Such request from NamPower shall not be unreasonably refused by the Seller.
Risk and Liability. ArcelorMittal shall deliver the Products to the Port and the risk thereto shall pass to the Contractor and the Contractor shall be responsible for the Products from commencement of the loading operation of the Products until the completion of the De-stuffing, Warehousing & Consolidation function.
