Risk of Damage. Licensee may use the premises at its sole risk. The City shall not be liable to Licensee for any damage whatsoever in the event that Licensee’s use of the premises is impaired or terminated or in the event Licensee’s personal property is damaged or destroyed. Further, Licensee shall, to the fullest extent permitted by law, agree to defend, indemnify, pay on behalf of, and hold harmless the City of Ferndale, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Ferndale against any and all claims, demands, suits, losses, including all costs and reasonable attorney fees, for any damages which may be asserted, claimed or recovered against or from the City of Ferndale which arise out of or is in any way connected or associated with this License Agreement or with Licensee’s (or its guests, customers or invitees) use of the premises.
Risk of Damage. The Subtenant acknowledges that all risk with respect to the Improvements and contents of the Subleased Premises during the Term will belong to the Subtenant. If during the Term any Improvements on or forming part of the Lands are damaged or destroyed whether in whole or in part by fire or any other cause (in this Article called the “Damaged Improvements”), this Sublease will not be determined and the Subtenant will not be entitled to surrender possession of the Subleased Premises or any part thereof or to any abatement or reduction of the Prepaid Rent.
Risk of Damage. You assume the risks of Damage to any Product that has been delivered to your premises.
Risk of Damage. (a) Until the Closing has occurred, the Facilities will be and remain at the risk of MFI.
(b) If, prior to the Closing Date, any part of any Facility is destroyed or damaged by fire or other casualty (“Casualty Damage”), and such Facility is not capable of operating on substantially the same basis as it has been operating since January 1, 2012 (referred to herein as the Facility being “Operable”), MFI will deliver prompt written notice thereof to the Purchaser together with a certificate of MFI’s architect, engineer or other qualified professional consultant setting forth the estimated length of time to effect repairs to the Facility such that it is Operable and the estimated cost of such repairs.
(c) Within fifteen (15) days after receipt of such notice, the Purchaser shall deliver to MFI notice that either it: (i) elects to close notwithstanding the Casualty Damage, in which case, the provisions of Section 12.16(d) shall apply; or (ii) believes that such Casualty Damage constitutes a Material Adverse Effect (which, solely for purposes of the application of the condition to Closing set out in Section 6.3 to any Casualty Damage occurring during the Interim Period that renders a Facility not Operable, shall mean Casualty Damage resulting in Damages (including all lost profits arising out of, projected to arise out of, or related to the interruption of the operation of the Business) to the Business of $100,000,000 or more), that the condition to Closing set out in Section 6.3 will not be satisfied, and that the Purchaser will not waive such condition in respect of such Casualty Damage if it is not remedied prior to the Closing Date. For greater certainty, in the event that the notice required to be delivered by MFI to the Purchaser pursuant to clause (b) above is delivered less than fifteen (15) days before the scheduled Closing Date, the Closing Date shall be automatically extended to the end of such fifteen (15) day period.
(d) In the event that the Purchaser elects to close in accordance with Section 12.16(c)(i) above, MFI shall: (i) make a claim under its applicable insurance policies with respect to the Casualty Damage, be responsible for paying the deductible under such insurance policies in respect of such claim, and, at the Closing assign to the Purchaser the right to receive any insurance proceeds resulting from such claim to the extent such proceeds have not been received prior to Closing, credit any proceeds of such insurance received prior to Clo...
Risk of Damage. 1. During a period between production of the blank residence permits by the Contractor under Purchase agreement VS - 152 - 9 / EO - 2- 2004 concluded between the Contractor and the Client on March 18 and hand over of the personalized residence permits to the Client under Article VT hereof, the risk of damage of the blank and personalized residence permits shall be borne by the Contractor.
2. In case of any possible damage to the blank or personalized residence permits (primarily as a result of theft, loss, destruction or any other damage) during the period when the risk of damage is borne by the Contractor as specified in section 1 above, the Contractor shall inform the Client respectively within 3 business days. In such a case, the Client may require from the Contractor to replace the damaged residence permits by new, undamaged personalized residence permits complying with the specifications given in Schedule 1 hereof and deliver them to the Client at its own expenses, within 6 business days from the receipt of the Client's request.
3. In cases when the damage of any personalized residence permit will be detected by the Client, the Contractor shall proceed under section 2 above within 10 days from the receipt of the Client's request.
4. The Contractor shall pay the Client a compensation for damage amounted to 2,04 EUR for each residence permit that is damaged pursuant to section 2 hereof or the Contractor must replace at its own expenses every damaged resident permit with new one pursuant to section 2 hereof.
1. Concerning the Client's claim for compensation of damages for damaged and defected residence permits (section 6 Article VI., section 7 and 8 Article VII., section 4 Article VUL) it is understood that a normal technical damage of the residence permits, not exceeding 3 % from the personalised residence permits, is allowed during the personalisation process without paying.
2. It is also understood that in case the defective blank residence permits will be handed over to the contractor by the Client, or the quality of the photo data is not sufficient to produce personalisation according to the tolerance samples, the Contractor is not responsible for defects of the personalisation caused by such defective residence permits or insufficient quality of the photo data.
Risk of Damage. All Tooling, while in Supplier's possession or control, will be held at Supplier's risk and will be kept insured by Supplier at Supplier's expense in an amount equal to the replacement cost, with loss payable to Dot Hill. Supplier shall provide Dot Hill with the certificate of insurance, upon request by Dot Hill.
Risk of Damage. All property on the Leased Premises shall be at the sole risk of Lessee and Lessor shall not be liable to Lessee or any other person for any injury, loss, damage, or inconvenience occasioned by any cause whatsoever to said property.
Risk of Damage. As from the date of this Agreement, the Property sold shall be at the sole risk of the Purchaser as regards loss caused by fire or other accident, act of God or any other happening or event of non-occupation or otherwise.
Risk of Damage. From and after the Execution Date, Section 22.5 of the Lease is hereby deleted in its entirety and replaced with the following:
Risk of Damage. Renter shall bear the entire risk of damage or destruction to the Equipment from every cause whatsoever during the entire term of the Rental Agreement and thereafter, or until the Equipment is returned. In the event of damage or destruction to the Equipment, the Renter, at its own expense, shall at SPR’s sole option, either repair the Equipment or, if damaged beyond repair, pay SPR the then current manufacturer’s list price for the Equipment, plus an additional rental charge of six (6) weeks will apply due to loss, theft, and/or replacement.
