Common use of Safe Custody of Documents Clause in Contracts

Safe Custody of Documents. 18.1 The Bank hereby undertakes with the Counterparty for the safe custody of such documents of title relating to the Charged Property of which it retains possession or control. 18.2 The parties agree that in the event of the loss or destruction of, or injury to, the documents of title relating to the Charged Property, the Bank shall have no liability to the Counterparty: (a) if the loss, destruction or injury occurred: (i) prior to the actual receipt of the documents of title in question by the Bank from the Counterparty or the Counterparty’s solicitor; or (ii) after the documents of title in question have been given by the Bank to some other person at the written request of the Counterparty and before the documents have been received back by the Bank, (b) for any damage suffered by the Counterparty as a result of the loss or destruction of, or injury to, the documents of title in question where such damages: (i) do not directly and naturally result from that loss, destruction or injury; or (ii) relate to loss of profit or expected profit from the Counterparty’s business or from the development of the Charged Property. 18.3 This clause 18 shall be regarded as an undertaking for safe custody of documents of title given under Section 84 of the Conveyancing Act.

Appears in 3 contracts

Samples: Amendment Agreement, Framework Agreement, Amendment Agreement

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Safe Custody of Documents. 18.1 The Bank hereby undertakes with the Counterparty for the safe custody of such documents of title relating to the Charged Property of which it retains possession or control. 18.2 The parties agree that in the event of the loss or destruction of, or injury to, the documents of title relating to the Charged Property, the Bank shall have no liability to the Counterparty: (a) if the loss, destruction or injury occurred: (i) prior to the actual receipt of the documents of title in question by the Bank from the Counterparty or the Counterparty’s solicitor; or (ii) after the documents of title in question have been given by the Bank to some other person at the written request of the Counterparty and before the documents have been received back by the Bank, (b) for any damage suffered by the Counterparty as a result of the loss or destruction of, or injury to, the documents of title in question where such damages: (i) do not directly and naturally result from that loss, destruction or injury; or (ii) relate to loss of profit or expected profit from the Counterparty’s business or from the development of the Charged Property. 18.3 This clause 18 shall shall, to the extent competent under applicable law, be regarded as an undertaking for safe custody of documents of title given under Section section 9 of the Conveyancing Act and section 84 of the Irish Land and Conveyancing Act.

Appears in 1 contract

Samples: Framework Agreement

Safe Custody of Documents. 18.1 21.1 The Bank hereby undertakes with the Counterparty for the safe custody of such documents of title relating to the Charged Property Assets of which it the Bank retains possession or control. 18.2 The parties agree that in 21.2 In the event of the loss or destruction of, or injury to, the documents of title relating to the Charged PropertyAssets referred to in clause 21.1, the Bank shall have no liability to the Counterparty: (a) if the loss, destruction or injury occurred: (i) prior to the actual receipt of the documents of title in question by the Bank from the Counterparty or the Counterparty’s solicitorits Delegate; or (ii) after the documents of title in question have been given by the Bank to some other person at the written request of the Counterparty and before the documents have been received back by the Bank,; or (b) for any damage damages suffered by the Counterparty as a result of the loss or destruction of, or injury to, the documents of title in question where such damages: (i) do not directly and naturally result from that the loss, destruction or injury; , or (ii) relate to loss of profit or expected profit from the Counterparty’s business or from the development of the Charged PropertyAssets. 18.3 21.3 This clause 18 21 shall be regarded as an undertaking for safe custody of documents of title given under Section section 84 of the Conveyancing Act.

Appears in 1 contract

Samples: Deed of Charge

Safe Custody of Documents. 18.1 The Bank hereby undertakes with the Counterparty for the safe custody of such documents of title relating to the Charged Property of which it retains possession or control. 18.2 The parties agree that in the event of the loss or destruction of, or injury to, the documents of title relating to the Charged Property, the Bank shall have no liability to the Counterparty: (a) if the loss, destruction or injury occurred: (i) prior to the actual receipt of the documents of title in question by the Bank from the Counterparty or the Counterparty’s solicitor; or (ii) after the documents of title in question have been given by the Bank to some other person at the written request of the Counterparty and before the documents have been received back by the Bank, (b) for any damage suffered by the Counterparty as a result of the loss or destruction of, or injury to, the documents of title in question where such damages: (i) do not directly and naturally result from that loss, destruction or injury; or (ii) relate to loss of profit or expected profit from the Counterparty’s business or from the development of the Charged Property. 18.3 This clause 18 shall be regarded as an undertaking for safe custody of documents of title given under Section section 84 of the Conveyancing Act.

Appears in 1 contract

Samples: Framework Agreement

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Safe Custody of Documents. 18.1 18.1. The Bank hereby undertakes with the Counterparty for the safe custody of such documents of title relating to the Charged Property of which it retains possession or control. 18.2 18.2. The parties agree that in the event of the loss or destruction of, or injury to, the documents of title relating to the Charged Property, the Bank shall have no liability to the Counterparty: (a) if the loss, destruction or injury occurred: (i) prior to the actual receipt of the documents of title in question by the Bank from the Counterparty or the Counterparty’s solicitor; , or (ii) after the documents of title in question have been given by the Bank to some other person at the written request of the Counterparty and before the documents have been received back by the Bank, (b) for any damage suffered by the Counterparty as a result of the loss or destruction of, or injury to, the documents of title in question where such damages: (i) do not directly and naturally result from that loss, destruction or injury; , or (ii) relate to loss of profit or expected profit from the Counterparty’s business or from the development of the Charged Property. 18.3 18.3. This clause Clause 18 shall be regarded as an undertaking for safe custody of documents of title given under Section 84 of the Conveyancing Act.

Appears in 1 contract

Samples: Framework Agreement

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