Risk of Loss/Damage. All risk of loss or damage to said property by fire, theft or other casualty until delivery of Deed shall be upon the Seller. In the event of loss or damage independently appraised at more than $5,000.00, Buyer shall have the option to receive any insurance payment on account of said damage and take Title, or rescind this Agreement and receive back all Deposit money paid. In such case all rights and obligations of the parties under this Agreement shall terminate.
Risk of Loss/Damage. Risk of loss and/or damage to Products shall pass to Buyer upon delivery at point of shipment to Buyer.
Risk of Loss/Damage. All risk of loss or damage of the Products will pass to the Seller when the Products are in the Seller’s physical possession. The Seller shall insure the Products against all risks against which such goods are customarily insured, including insurance for theft and damage, and provide evidence of that insurance coverage to the Consignor as and when requested. If the Products are damaged or lost while in the Seller’s physical possession, a Product Sale will be deemed to have occurred and the Seller shall reimburse the Consignor the amount of the damaged or lost Products’ respective Retail Prices, less the Seller’s Commission.
Risk of Loss/Damage. The risk of loss or damage by fire or other casualty to the Property until the Closing Date is assumed by the Seller. In the event of loss or damage occurring prior to the delivery of the Deed, Seller shall repair and restore the Property prior to the Closing Date, or, may delay the closing at his option for up to the earlier of thirty (30) days from the date of such loss or damage or the date Buyer’s mortgage loan commitment expires (“Delay Period”) in order to complete restoration or repairs. If at the expiration of the Delay Period the Seller has failed to repair or restore the Property to its condition prior to the loss or damage, the Buyer shall have the option of: (a) Terminating this Contract, in which event the Deposit together with any amounts actually expended by the Buyer for the examination of title (not to exceed $250.00) shall be remitted to the Buyer and thereupon the parties shall have no further rights and obligations under this Contract; or (b) Closing title by accepting the Deed conveying the Property in accordance with all of the other provisions of this Contract and receiving the benefit of any insurance policies or funds paid or recoverable on account of such loss or damage, less any sums actually expended by the Seller for restoration or repairs. The Seller shall not be responsible for loss or damage to trees or other plantings due to natural causes provided such loss or damages does not exceed $250.
Risk of Loss/Damage. 7.1. Customer will be responsible for any damage to the Equipment not caused by Supplier’s services or products. Customer shall promptly notify Supplier of any damage to the equipment described herein.
Risk of Loss/Damage. REPAIR: Until the Closing, the risk of loss or damage to the Property, except as if and otherwise provided herein, shall be borne by Seller. In the event the Property is damaged so that the Property cannot be conveyed in substantially the same condition as of the time of the auction, Buyer may elect to terminate this contract and the Xxxxxxx Money Deposit shall be returned to the Buyer. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair for the Property, including any improvements, unless the parties hereto agree in writing.
Risk of Loss/Damage. Customer assumes and shall bear the risk of loss of and damage to any Vehicle from any cause whatsoever, regardless of whether the risk is insured. Customer’s failure to perform proper repairs and maintenance, as described in Paragraph 6, shall provide an irrefutable presumption that Customer is liable for nay mechanical damage to the Vehicle and that any such mechanical damage is the result of the Customer’s fail- ure to maintain. Customer will immediately notify Wrecker Rentals of any damage to, or loss, destruction, or theft of the Vehicle or of any part thereof with the full details of the occurrence. Wrecker Rentals documents the condi- tion of the Vehicle(s) rented upon delivery to the Customer, and again when the Vehicle(s) is returned. If the Vehi- cle is damaged or partially lost or destroyed, Customer shall, at its sole expense and cost, promptly repair the Vehicle in a permanent manner and in its same condition and working order as at the acceptance of the Vehicle by the Customer. using only the best parts and materials that are available. Failure of the Customer to repair the Vehicle before returning it to Wrecker Rentals shall result in Wrecker Rentals back billing the Customer for the damages, and the Customer shall continue to be obligated to pay the Rental Charges, under and in accordance with Section 2 hereof, until such time as the Vehicle is again operable. If the Vehicle is totally lost (including by theft) or destroyed or if it becomes a constructive, agreed, or compromised total loss, then Customer shall promptly pay Wrecker Rentals the purchase price if the Vehicle (the “Termination Payment”); and until such time as Customer makes the Termination Payment, Customer shall continue to be obligated to pay the Rental Charges under and in accordance with Section 2 hereof. Without relieving Customer of its obligation to make the Termina- tion payment and without deferring that obligation, Wrecker Rental will apply toward the Termination Payment any amounts received by and payable to Wrecker Rentals under this Master Agreement or any Supplemental Agreement or Extension Agreement and any payments that Wrecker Rental receives on amount of such total loss or such constructive, agreed or compromised total loss under the insurance maintained pursuant to Section
Risk of Loss/Damage. Lessee assumes the risk of loss of and damage to the Equipment while the Equipment is in the complete custody and control of Lessee during the Term, excluding any damage caused by Lessor’s or its employees’, agents’ or contractors’ conduct, acts or omissions or from any defect in the Equipment. If the Lessee is responsible for the damage or loss to the Equipment, Lessee shall have the option of repairing the Equipment to a state of good working order, or reimbursing Lessor the actual and verifiable Replacement Cost (Actual Cash Value for vehicles).
Risk of Loss/Damage. All risk of loss or damage of the Products will pass to the Consignee when the Products are in the Consignee’s physical possession. The Consignee shall insure the Products against all risks against which such goods are customarily insured, including insurance for theft and damage, and shall provide evidence of such insurance coverage to the Consignor as and when requested. If the Products are damaged or lost while in the Consignee’s physical possession, a Product Sale will be deemed to have occurred and the Consignee will reimburse the Consignor in the amount of the damaged or lost Products’ respective Retail Prices, less the Consignee’s Commission.
Risk of Loss/Damage. Client and/or any End User, as applicable, shall bear the risk of loss and damage for the Data Centers, any systems, Miners, equipment and products, including Third-Party Products located at Client’s Data Centers, including but not limited to that of any End-User Equipment and any loss or damage to the same and shall obtain and maintain adequate insurance to cover any losses in that regard, excepting only any damage caused by a breach of this Agreement by the MSP or the gross negligence, recklessness or willful misconduct of MSP but in all event subject to the damage limitation contained herein.
