Risk of Loss and Damage. CONTRACTOR shall be responsible for any loss or damage to the Work, or material furnished by ANAHEIM for the Work, until final acceptance of the Work and issuance of a notice of completion by ANAHEIM for a specific Work Order Package or Request. In the event of loss or damage, if it should become necessary to replace materials furnished by ANAHEIM, the cost of replacement shall be paid by CONTRACTOR to ANAHEIM. ANAHEIM may deduct such costs from any amounts due or to become due CONTRACTOR.
Risk of Loss and Damage. In case the Property is wholly or substantially damaged by fire, storm or other casualty, Purchaser may elect, within 20 days after receiving written notice thereof, to proceed hereunder with a mutually agreed adjustment in the terms of this Contract, or terminate this Contract and receive back all money deposited hereunder. In the event the Property is damaged by the Purchaser, or by any person upon the Property on the Purchaser's behalf (i.e. , inspector), such damage shall be repaired at Purchaser’s expense.
Risk of Loss and Damage. Following Delivery, Lessee shall bear the full risk of any loss, destruction, hijacking, theft, condemnation, confiscation, seizure or requisition of or damage to the Aircraft and each Item of Equipment and of any other occurrence which shall deprive Lessee of the Aircraft or any Item of Equipment for the time being of the use, possession or enjoyment thereof including, without limitation, any resulting loss in value of the Aircraft or any Item of Equipment due to any of the aforementioned circumstances (save for any periods during which Lessor, or any Person lawfully claiming by or through Lessor, shall have taken possession and control of the Aircraft in breach of the covenant of quiet enjoyment set forth in Section 10.2).
Risk of Loss and Damage. Lessee is liable to Lessor for all damage to or loss or destruction of the equipment subsequent to its delivery to Lessee and prior to its return to Lessor except that caused by normal wear and deterioration. Normal wear and deterioration shall not include damage caused by forklifts or other handling equipment.
Risk of Loss and Damage. 8.1 Pending acceptance of this offer by Purchaser and thereafter through and including the Closing Date, the risk of loss of the Property will remain with the Seller.
8.2 In the event the Property, or a material portion thereof, is destroyed or damaged by fire or other casualty after acceptance of this offer but prior to Closing, then Purchaser, at his option, may cancel this Agreement, whereupon Seller shall return the Xxxxxxx Money to Purchaser and thereafter the parties shall have no further duty, obligation, financial or otherwise, or liability hereunder to each other; or close the transaction with the Purchase Price reduced by an amount equivalent to the difference between the fair market value of the Property immediately prior to such damage or destruction less the fair market value of the Property immediately after such damage or destruction, as mutually determined.
Risk of Loss and Damage. Risk of loss or damage to the Software will pass from Blue Planet to You upon download by You and, unless the Software is Ordered and Contracted, will expire upon its complete removal under Section 2 above. You agree that You will obtain and maintain insurance sufficient to cover any damage to or loss of the Licensed Software.
Risk of Loss and Damage. All risk of loss or damage to the Products shall be borne by Seller. Buyers shall inspect each shipment for missing or lost items and CBQ shall inform Seller of problems. In the event of loss or damage during transit, Seller will replace lost or damaged Products with identical Products as soon as possible.
Risk of Loss and Damage. If the Aircraft is destroyed or suffers any damage or loss prior to the Closing Date, Buyer may elect to either (a) terminate this Agreement by written notice to Seller and thereafter neither party shall have any further rights or obligations hereunder with respect thereto, or (b) proceed to close the transaction as provided herein, including, without limitation, disbursement of the amounts set forth in Section 2 hereof, without any reduction in the Purchase Price, with all insurance proceeds applied as provided in the Lease.
Risk of Loss and Damage. The Lessee hereby assumes and shall bear the entire risk of loss and damage, and destruction to each Item of Equipment from any and every cause from and after date of shipment of the Equipment to its final location and thereafter until such Item of Equipment has been returned to Lessor, as herein provided. No loss, damage, or destruction to any Item of Equipment or any part thereof shall impair any obligation of the Lessee under this lease which shall continue in full force and effect, including, but not limited to, the obligation to pay the monthly rental hereunder.
Risk of Loss and Damage. (A) Hotel agrees to bear the entire risk of loss with respect to any damage, destruction, loss, or theft of the Equipment and any Placed Item, whether insured or not, whether such loss is partial or complete and from any cause at all, whether or not through any default or neglect of Hotel (except if such damage, destruction, loss or theft arises from the gross negligence or willful misconduct of eRoom) from the Acceptance Date, until the later of the date such Placed Item is removed from the Hotel by eRoom or thirty (30) days after such Placed Item is returned pursuant to Section 15 hereof. Except as provided in this Section 7, no such event shall relieve Hotel of its obligation to make Payments hereunder.
(B) If any Placed Item is damaged and capable of repair, Hotel must promptly notify eRoom, and within sixty (60) days of such damage shall, at Hotel's expense, cause such repairs to be made as are necessary to return such Placed Item to its condition prior to such damage.
(C) In the event any Placed Item is destroyed, damaged beyond repair, lost or stolen, (an "EVENT OF LOSS"), Hotel must promptly notify eRoom and Assignee and pay to eRoom or Assignee, as the case may be, on the second Payment Date following the Event of Loss, an amount equal to the Manufacturer's List Price (as defined in the relevant Equipment Schedule) and all Payments accrued on any such Placed Item up to such second Payment Date. Upon payment of such amounts in full, Hotel's obligation to pay any further Payments will cease with respect to such Placed Item(s) (but not with respect to any of the remaining Equipment) and Hotel will be entitled to receive any insurance proceeds or other recovery received by eRoom or Assignee in connection with such Event of Loss.
