Common use of Risk and Liability Clause in Contracts

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).

Appears in 3 contracts

Samples: Storage Agreement (Bank of Montreal /Can/), Storage Agreement (Vaulted Gold Bullion Trust), www.sec.gov

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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 's Facility (or to be delivered to the Mint's Facility in the event the Mint arranges for the transportation of Precious Metals to the Mint's Facility) for storage under the Agreement (i) when the Customer arranges for the transportation of the Precious Metals to the Mint's Premises, from the time said Precious Metals have been taken into the Mint’s 's possession and control, as applicable, whether through physical delivery or through a Transfer of Allocated Storage; or (ii) when the Mint arranges for the transportation of the Precious Metals to the Mint's Facility, from the time the Mint's designated carrier signs a receipt therefor after the Precious Metals have been loaded on the collecting vehicle. Should the Mint discover a discrepancy during the verification process at the Mint's Facility pursuant to Sub-Clause 4(g4(i) between: (i) the weight in xxxx txxx ounces of the Precious Metals as determined by the Mint; and (ii) the information stated in the Initial Notice, the Mint’s 's liability under the Agreement shall be immediately adjusted to the weight in xxxx txxx ounces of the Precious Metals as determined by the Mint, Mint upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals that which were not actually delivered to the Mint’s Facility or taken into the Mint’s '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 through physical delivery or not the Precious Metals remain in the Mint’s Facility, upon transfer of the Precious Metals under through a Transfer of Allocated Storage, as requested by the Customer, or upon remittance to the Customer’s carrier or representative and in the event of a Withdrawal or in the event of Mint arranges for the return transportation of the Precious Metals pursuant to Sub-Clause 4(f)the Mint's Facility, Sub-Clause 4(i) or Sub-Clause 14(c)for Precious Metals that was not actually taken into the Mint's designated carrier's possession and control.

Appears in 2 contracts

Samples: Precious Metal Storage and Custody Agreement (Sprott Physical Gold Trust), Precious Metal Storage and Custody Agreement (Sprott Physical Gold Trust)

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 's Facility (or to be delivered to the Mint's Facility in the event the Mint arranges for the transportation of Precious Metals to the Mint's Facility) for storage under the Agreement (i) when the Customer arranges for the transportation of the Precious Metals to the Mint's Premises, from the time said Precious Metals have been taken into the Mint’s 's or the Sub-Custodian's possession and control, as applicable, whether through physical delivery or through a Transfer of Allocated Storage; or (ii) when the Mint arranges for the transportation of the Precious Metals to the Mint's Facility, from the time the Mint's designated carrier signs a receipt therefor after the Precious Metals have been loaded on the collecting vehicle. Should the Mint or the Sub-Custodian, as applicable, discover a discrepancy during the verification process at the Mint's Facility pursuant to Sub-Clause 4(g4(i) between: (i) the weight in xxxx txxx ounces of the Precious Metals as determined by the Mint; and (ii) the information stated in the Initial Notice, the Mint’s 's liability under the Agreement shall be immediately adjusted to the weight in xxxx txxx ounces of the Precious Metals as determined by the MintMint or the Sub-Custodian, as applicable, upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals that which were not actually delivered to the Mint’s Facility or taken into the Mint’s '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 through physical delivery or not the Precious Metals remain in the Mint’s Facility, upon transfer of the Precious Metals under through a Transfer of Allocated Storage, as requested by the Customer, or upon remittance to the Customer’s carrier or representative and in the event of a Withdrawal or in the event of Mint arranges for the return transportation of the Precious Metals pursuant to Sub-Clause 4(f)the Mint's Facility, Sub-Clause 4(i) or Sub-Clause 14(c)for Precious Metals that was not actually taken into the Mint's designated carrier's possession and control.

Appears in 2 contracts

Samples: Precious Metal Storage and Custody (Sprott Physical Silver Trust), Precious Metal Storage and Custody (Sprott Physical Silver Trust)

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 's Facility (or to be delivered to the Mint's Facility in the event the Mint arranges for the transportation of Precious Metals to the Mint's Facility) for storage under the Agreement (i) when the Customer arranges for the transportation of the Precious Metals to the Mint's Premises, from the time said Precious Metals have been taken into the Mint’s 's or the Sub-Custodian's possession and control, as applicable, whether through physical delivery or through a Transfer of Allocated Storage; or (ii) when the Mint arranges for the transportation of the Precious Metals to the Mint's Facility, from the time the Mint's designated carrier signs a receipt therefor after the Precious Metals have been loaded on the collecting vehicle. Should the Mint or the Sub-Custodian, as applicable, discover a discrepancy during the verification process at the Mint's Facility pursuant to Sub-Clause 4(g4(h) 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 's liability under the Agreement shall be immediately adjusted to the weight in xxxx ounces of the Precious Metals as determined by the MintMint or the Sub-Custodian, as applicable, upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals that which were not actually delivered to the Mint’s Facility or taken into the Mint’s '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 through physical delivery or not the Precious Metals remain in the Mint’s Facility, upon transfer of the Precious Metals under through a Transfer of Allocated Storage, as requested by the Customer, or upon remittance to the Customer’s carrier or representative and in the event of a Withdrawal or in the event of Mint arranges for the return transportation of the Precious Metals pursuant to Sub-Clause 4(f)the Mint's Facility, Sub-Clause 4(i) or Sub-Clause 14(c)for Precious Metals that was not actually taken into the Mint's designated carrier's possession and control.

Appears in 1 contract

Samples: Precious Metal Storage and Custody Agreement (Sprott Physical Platinum & Palladium Trust)

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 (or to be delivered to the Mint’s Facility in the event the Mint arranges for the transportation of Precious Metals to the Mint’s Facility) for storage under the Agreement (i) when the Customer arranges for the transportation of the Precious Metals to the Mint’s Premises, from the time said Precious Metals have been taken into the Mint’s or the Sub-Custodian’s possession and control, as applicable, whether through physical delivery or through a Transfer of Allocated Storage; or (ii) when the Mint arranges for the transportation of the Precious Metals to the Mint’s Facility, from the time the Mint’s designated carrier signs a receipt therefor after the Precious Metals have been loaded on the collecting vehicle. Should the Mint or the Sub-Custodian, as applicable, discover a discrepancy during the verification process at the Mint’s Facility pursuant to Sub-Clause 4(g4(h) 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 MintMint or the Sub-Custodian, as applicable, upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals that which 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 through physical delivery or not the Precious Metals remain in the Mint’s Facility, upon transfer of the Precious Metals under through a Transfer of Allocated Storage, as requested by the Customer, or upon remittance to the Customer’s carrier or representative and in the event of a Withdrawal or in the event of Mint arranges for the return transportation of the Precious Metals pursuant to Sub-Clause 4(f)the Mint’s Facility, Sub-Clause 4(i) or Sub-Clause 14(c)for Precious Metals that was not actually taken into the Mint’s designated carrier’s possession and control.

Appears in 1 contract

Samples: Precious Metal Storage and Custody Agreement (Sprott Physical Gold & Silver Trust)

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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 Property delivered to the Mint’s Facility for storage under the Agreement from the time said Precious Metals have Property has 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(g5(f) between: (i) the weight in xxxx ounces of the Precious Metals Property 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 Property as determined by the Mint, Mint upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals Property that were was 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 Property upon the expiration or termination of the Agreement, whether or not the Precious Metals remain Property remains in the Mint’s Facility, upon transfer of the Precious Metals Property 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 Property pursuant to Sub-Clause 4(f), Sub-Clause 4(i) or Sub-Clause 14(c5(h).

Appears in 1 contract

Samples: Contract (Bank of Montreal /Can/)

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 or the Sub-Custodian’s possession and control, as applicable, whether through physical delivery or through a Transfer of Allocated Storage. Should the Mint or the Sub-Custodian, as applicable, discover a discrepancy during the verification process pursuant to Sub-Clause 4(g) between: (i) the weight in xxxx ounces and/or bar numbers of the Precious Metals as determined by the MintMint or the Sub-Custodian, as applicable; 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 MintMint or the Sub- Custodian, as applicable, 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)the Agreement.

Appears in 1 contract

Samples: Precious Metals Storage Agreement (Sprott Physical Silver Trust)

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 's Facility (or to be delivered to the Mint's Facility in the event the Mint arranges for the transportation of Precious Metals to the Mint's Facility) for storage under the Agreement (i) when the Customer arranges for the transportation of the Precious Metals to the Mint's Premises, from the time said Precious Metals have been taken into the Mint’s 's or the Sub-Custodian's possession and control, as applicable, whether through physical delivery or through a Transfer of Allocated Storage; or (ii) when the Mint arranges for the transportation of the Precious Metals to the Mint's Facility, from the time the Mint's designated carrier signs a receipt therefor after the Precious Metals have been loaded on the collecting vehicle. Should the Mint or the Sub-Custodian, as applicable, discover a discrepancy during the verification process at the Mint's Facility pursuant to Sub-Clause 4(g4(h) between: (i) the weight in xxxx txxx ounces of the Precious Metals as determined by the Mint; and (ii) the information stated in the Initial Notice, the Mint’s 's liability under the Agreement shall be immediately adjusted to the weight in xxxx txxx ounces of the Precious Metals as determined by the MintMint or the Sub-Custodian, as applicable, upon the issuance by the Mint of a Notice of Discrepancy. In no event shall the Mint be liable for Precious Metals that which were not actually delivered to the Mint’s Facility or taken into the Mint’s '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 through physical delivery or not the Precious Metals remain in the Mint’s Facility, upon transfer of the Precious Metals under through a Transfer of Allocated Storage, as requested by the Customer, or upon remittance to the Customer’s carrier or representative and in the event of a Withdrawal or in the event of Mint arranges for the return transportation of the Precious Metals pursuant to Sub-Clause 4(f)the Mint's Facility, Sub-Clause 4(i) or Sub-Clause 14(c)for Precious Metals that was not actually taken into the Mint's designated carrier's possession and control.

Appears in 1 contract

Samples: Precious Metal Storage And (Sprott Physical Platinum & Palladium Trust)

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