Risk or Loss. Delivery shall not be deemed to be complete until goods have been actually received and accepted by Xxxxx. Seller shall give prompt notice to Buyer whenever delivery is likely to be delayed. 3.
Risk or Loss. The Seller is responsible for any damage to the property, except for normal wear and tear, until the closing. If there is damage, the Buyer can proceed with the closing and either: (a) require that the Seller repair the damage before the closing; or (b) deduct from the purchase price a fair and reasonable estimate of the cost to repair the property. In addition, either party may cancel this contract if the cost of repair is more than 10% of the purchase price.
Risk or Loss. It is understood and agreed that all shipping costs and risks of loss during shipping associated with so providing the Product shall be Supplier's sole responsibility and Producer shall have no liability therefor.
Risk or Loss. Lessee shall be responsible for and hereby assumes the entire risk of the Equipment being lost, damaged, destroyed, stolen, or otherwise rendered unfit or unavailable for use from the date of delivery to Lessee to the date of return to Lessor.
Risk or Loss. (INSURANCE) 7.01 Landlord shall bear the risk of loss arising from damage to or loss of improvements (except Tenant shall pay pro-rata share of insurance as provided in Subsection 7.05) and Landlord's personal property on the Premises. 7.02 Tenant shall bear the risk of loss arising from damage to or loss of Tenant's personal property and trade fixtures located on the Premises. 7.03 Tenant shall bear the risk of loss arising from interruption of business use. 7.04 Tenant shall bear the risk of, and Tenant shall save Landlord harmless from loss, cost or expense by reason of claims for personal injury and property damage arising out of Tenant's occupancy of the Premises, whether due to the fault of Tenant or others, excepting only fault of Landlord. Tenant may fulfill Tenant's obligations by reason of this Subsection 7.04 by maintaining a public liability and property damage insurance policy naming Landlord as an additional insured, in the amount of $1,000,000.00 for each person and $3,000,000.00 for each occurrence of personal injury and $50,000.00 for property damage for each occurrence. Tenant shall furnish a certificate of any such insurance coverage to Landlord. 7.05 Tenant shall pay its pro-rata share of a fire and extended coverage insurance policy in the proportion that the square footage of the Premises bears to the total square footage of the building during the term of this Lease. 7.06 Notwithstanding any provisions to the contrary in this Lease, if the Premises shall be destroyed or damaged by casualty to such an extent as will make the Premises unusable for more than seven (7) days for the purpose(s) described in Subsection 3.01 above, either party (excepting any party whose fault caused the casualty) has the right to terminate this Lease by giving notice of such termination to the other party within thirty (30) days after the date the casualty occurs. Termination of this Lease shall then be effective as of the date of such casualty. Rent shall be prorated to the date of termination. 7.07 Nothing in this Section 7 shall bar a claim of one party against the other for injury or damage caused by the fault of the other party.
Risk or Loss. WSI assumes all risk of damage or loss to its premises due to fire or accident incurred as a result of the handling and storage of Prestige Brands goods at manufacturers cost or up a total of $2 million dollars which ever is less.
