Risk and Loss Sample Clauses

Risk and Loss. The Service Provider shall be responsible for risk of loss of, and damage to, any assets, equipment and/or tools in its possession or under its control. Any such items in the possession or control of the Service Provider’s Sub-contractors or agents shall be deemed to be under the control of the Service Provider.
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Risk and Loss. OPERATOR assumes the entire risk of loss from any and every cause whatsoever of the vehicles in the event of loss, which shall be determined by the COUNTY in COUNTY’s sole discretion. OPERATOR shall be responsible for repairing all damage to the vehicles while in their possession.
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Risk and Loss. Any risk and loss with respect to the Property shall remain with the Seller until Closing. In the event that any action or proceeding is filed (or notice of such action or proceeding given) under which all of the Property or any portion thereof may be taken under the right of eminent domain, then Purchaser shall have the option of either: (i) cancelling this Agreement or (ii) closing as provided herein except that Seller shall at Closing assign to Purchaser all of Seller's interest in any proceeds received or which may be received by reason of such taking and Purchaser shall take title to the Property subject to such condemnation proceedings. In the event that all or any portion of the building on the Property is damaged by fire or other casualty and is not restored or repaired, then Purchaser shall have the option of: (i) cancelling this Agreement, or (ii) closing as provided herein except that Seller shall at Closing assign to Purchaser all of Seller's interest in any and all insurance proceeds received or receivable by reason of such casualty.
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Risk and Loss. All risk of loss or damage to the Equipment shall be borne by ALIGN, unless such loss or damage results from a breach of IMS' obligations under Sections 4 and 6. The Equipment shall be covered by insurance as provided for in the Shelter Agreement. Except as otherwise set forth in the Shelter Agreement, IMS further agrees and acknowledges that with respect to the making of repairs and, subject to the reimbursement and other provisions of the Shelter Agreement: ALIGN/IMS Shelter Agreement Annex 1 to Exhibit "C" (i) IMS shall have the responsibility for the repair of any damaged Equipment and shall repair or cause such Equipment to be repaired promptly after damage, subject to the prior approval and written instructions of ALIGN.
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Risk and Loss. 1 The Parties at the beginning of each Year shall draft and coordinate the schedules of the planned overhauls as well as the services for the plant and the electricity connections and equipments of OSHEE company.
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Risk and Loss. By accepting our Order the Seller agrees to indemnify the Purchaser against all suits, costs and expenses in respect of any bodily injury to persons and/ or loss of or damage to property, actual infringement of any letters, patent, trademarks or process of manufacture in respect of the articles hereby ordered. If a judgement of a court competent jurisdiction is obtained in respect of any such infringement the purchaser may forthwith cancel our contract. All our property such as mentioned hereof must be fully insured by the acceptor of our purchase order against all risk of whatsoever nature until they have been received back by us.
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Risk and Loss. 10.1 The Parties at the beginning of every Year shall draft (prepare) and shall coordinate the maintenance programs planned and even the maintenance work for the plant and the power connection lines and devices of the Distribution System. 10.2 The Seller shall cover all the accompanying (related) risks and shall be responsible for any cost or forced payment which is related to the scheduling, transmission and delivery of the amount of Electricity contracted up to the Delivery Point, in accordance with the Rules of Electricity Market and other articles in power, except the case when the delivery of the Electricity is impossible due to circumstances which do not depend on the Seller or in case when the not-delivery is caused by the annual repayment and maintenance in accordance with paragraph 1 of this article. 10.3 The Buyer shall cover all the accompanying (related) risks and shall be responsible for any cost or forced payment which is related to the acceptance and transmission of the contracted amount after the Delivery Point, except the case when the delivery of the Electricity is impossible due to circumstances which do not depend on the Buyer or in cases when the not- delivery is caused by the fault in the power transmission lines and lines and devices of the Distribution System Operator (caused by the Force Majeure).
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Risk and Loss. Reseller understands and agrees that all risk of loss passes to Reseller with each purchase. Reseller understands and agrees that 0XxxxxxXxxxx.xxx, LLC is not liable to Reseller for any loss of, damage to, or inability to sell. Reseller at no time shall engage in any unfair trade practices or false or misleading representations with respect to 0XxxxxxXxxxx.xxx, LLC and its manufacturers. Reseller shall refrain from communicating any information with respect to guarantees or warranties regarding Products, except what is made public and published from the manufacturer. Reseller shall not use 0XxxxxxXxxxx.xxx,LLC’s and/or its Manufacturers’ trade names or trademarks or any names closely resembling same as part of Reseller's corporate or business name, or in any manner which 0XxxxxxXxxxx.xxx,LLC, in its sole discretion, may consider misleading or otherwise objectionable. Reseller must use fair payment and collection practices when obtaining funds dues from end user. Reseller commits to a monthly consecutive sales target which will be established by Reseller and their 0XxxxxxXxxxx.xxx, LLC Account Manager. The total sales required to reach this target is not limited to individual product lines, but may be accumulative. In the event Reseller is qualified as a “Systems Integrator, the Reseller commits to a quarterly sales goal as established by their Account Manager. Xxxxxxxx is responsible to communicate any challenges that arise in meeting their target to their Account Manager as soon as possible. If a prolonged period of purchasing inactivity surpasses on Reseller’s account or Reseller is unable to reach their sales target as designated and/or adjusted by their Account Manager, Reseller’s account will be deactivated by 0XxxxxxXxxxx.xxx, LLC. Reseller will relinquish all privileges and access to products represented on the 1SourceVideo line card. A reseller in this status may reapply on a future date they deem their company can sustain active account status and growth. Applications received from Resellers in this status are not guaranteed approval. Resellers who are terminated by 0XxxxxxXxxxx.xxx, LLC are not eligible to re-apply post termination.
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Related to Risk and Loss

  • Risk Allocation The Product is Regulatorily Continuing.

  • 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.

  • Keys and Locks Landlord will furnish Tenant, free of charge, two keys to each door or lock in the Premises. Landlord may make a reasonable charge for any additional or replacement keys. Tenant will not duplicate any keys, alter any locks or install any new or additional lock or bolt on any door of its Premises or on any other part of the Building without the prior written consent of Landlord and, in any event, Tenant will provide Landlord with a key for any such lock. On the termination of the Lease, Tenant will deliver to Landlord all keys to any locks or doors in the Building which have been obtained by Tenant.

  • Profits and Losses Distributions Until the admission of additional Members, the Original Member shall be entitled to all allocations of LLC profits and losses and to allocations of distributions.

  • Profits and Losses For financial accounting and tax purposes, the Company’s net profits or net losses shall be determined on an annual basis in accordance with the manner determined by the Board. In each year, profits and losses shall be allocated entirely to the Member.

  • Profit and Loss Subject to Section 5.1(d) hereof, Profit and Loss occurring on any day during the Fiscal Year shall be allocated to the Holders' Book Capital Accounts at the end of such day in proportion to the Holders' respective Book Capital Account balances at the commencement of such day.

  • Allocation of Profit and Loss Section 5.01 of the Partnership Agreement is hereby deleted in its entirety and the following new Section 5.01 is inserted in its place:

  • LIABILITY AND RISK OF LOSS A. Each Party hereby waives any claim against the other Party, employees of the other Party, the other Party's Related Entities (including but not limited to contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors or subcontractor at any tier), or employees of the other Party's Related Entities for any injury to, or death of, the waiving Party's employees or the employees of its Related Entities, or for damage to, or loss of, the waiving Party's property or the property of its Related Entities arising from or related to activities conducted under this Agreement, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. B. Each Party further agrees to extend this cross-waiver to its Related Entities by requiring them, by contract or otherwise, to waive all claims against the other Party, Related Entities of the other Party, and employees of the other Party or of its Related Entities for injury, death, damage, or loss arising from or related to activities conducted under this Agreement. Additionally, each Party shall require that their Related Entities extend this cross-waiver to their Related Entities by requiring them, by contract or otherwise, to waive all claims against the other Party, Related Entities of the other Party, and employees of the other Party or of its Related Entities for injury, death, damage, or loss arising from or related to activities conducted under this Agreement.

  • Allocation of Profits and Losses Distributions Profits/Losses. For financial accounting and tax purposes, the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Schedule 2 as amended from time to time in accordance with U.S. Department of the Treasury Regulation 1.704-1.

  • Allocation of Profits and Losses The Company’s profits and losses shall be allocated to the Member.

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