Common use of Risk of Loss, etc Clause in Contracts

Risk of Loss, etc. (i) Until ownership is transferred pursuant to the provisions of the preceding Article, Supplier shall bear the risk of loss of or damage to the Product due to any reason not attributable to neither of the parties hereto, including but not limited to force majeure and other unavoidable events, and MSD may, at its option, refuse to pay the purchase price for such Product or terminate the Individual Agreement in relation to such Product; and (ii)after such transfer of ownership, MSD shall bear such risk and shall not be entitled to demand the delivery of the replacement or the repair of the Product by reason of the loss or damage. Notwithstanding the foregoing, after the Product is delivered and before the ownership is transferred, MSD shall keep custody of the Product with the care of a good manager.

Risk of Loss, etc. (i) Until ownership is transferred pursuant to the provisions of the preceding Article, Supplier shall bear the risk of loss of or damage to the Product due to any reason not attributable to neither of the parties hereto, including but not limited to force majeure and other unavoidable events, and MSD ORGANON may, at its option, refuse to pay the purchase price for such Product or terminate the Individual Agreement in relation to such Product; and (ii)after such transfer of ownership, MSD ORGANON shall bear such risk and shall not be entitled to demand the delivery of the replacement or the repair of the Product by reason of the loss or damage. Notwithstanding the foregoing, after the Product is delivered and before the ownership is transferred, MSD ORGANON shall keep custody of the Product with the care of a good manager.

Risk of Loss, etc. (i) Until ownership is transferred pursuant to the provisions of the preceding Article, Supplier shall bear the risk of loss of or damage to the Product Deliverable due to any reason not attributable to neither of the parties hereto, including but not limited to force majeure and other unavoidable events, and MSD ORGANON may, at its option, refuse to pay the purchase price for such Product or terminate the Individual Agreement in relation to such Product; and (ii)after ii) after such transfer of ownership, MSD ORGANON shall bear such risk and shall not be entitled to demand the delivery of the replacement or the repair of the Product by reason of the loss or damage. Notwithstanding the foregoing, after the Product Deliverable is delivered and before the ownership is transferred, MSD ORGANON shall keep custody of the Product Deliverable with the care of a good manager.

Risk of Loss, etc. (i) Until ownership is transferred pursuant to the provisions of the preceding Article, Supplier shall bear the risk of loss of or damage to the Product Deliverable due to any reason not attributable to neither of the parties hereto, including but not limited to force majeure and other unavoidable events, and MSD may, at its option, refuse to pay the purchase price for such Product or terminate the Individual Agreement in relation to such Product; and (ii)after ii) after such transfer of ownership, MSD shall bear such risk and shall not be entitled to demand the delivery of the replacement or the repair of the Product by reason of the loss or damage. Notwithstanding the foregoing, after the Product Deliverable is delivered and before the ownership is transferred, MSD shall keep custody of the Product Deliverable with the care of a good manager.