Seller's risk before loading The weaners shall remain at the Seller's liability and risk until SPF has loaded the Consignment, cf. clause 7.3, however. Buyer's risk after loading The Buyer shall not assume risk for the accidental destruction or deterioration of the weaners until the weaners have been unloaded at the site stipulated by the Buyer.
Seller's risk. Seller shall design, construct, own, operate and maintain the Facility at its own risk and expense.
Seller's risk. (a) Subject to the provisions of this Agreement, from the Conditions Satisfaction Date until the end of the Agreement Term, as between the Buyer and the Seller, the Seller will:
(1) bear the risk of; and
(2) not have any Claim against the Buyer as a result of, loss or damage to or destruction of the Facility or the Site.
(b) Clause 25.2(a) does not apply to the extent that any loss or damage or destruction is a direct consequence of:
(1) a breach by the Buyer of its obligations under this Agreement or any other Principal Project Agreement; or
(2) a negligent or unlawful act or omission or any Wilful Misconduct of the Buyer.
Seller's risk. All of SELLER'S personal property, equipment, improvements, structures and fixtures located upon the Premises shall be at the sole risk of SELLER and BUYER shall not be liable under any circumstances for any damage thereto or theft thereof. In addition, BUYER shall not be liable or responsible for any damage or loss to property or injury or death to persons occurring on or adjacent to the Premises resulting from any cause, including but not limited to, defect in or lack of repairs to the improvements located on the Premises.
Seller's risk. SELLER agrees that it, its employees and subcontractors, are performing services as independent contractors and not as BUYER’s employees, regardless of where they perform their services. SELLER shall be fully responsible for its employees, agents, officers, contractors and subcontractors, including without limitation all compensation and taxes related thereto. SELLER shall carry out its work at its own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to any goods or materials before final completion and acceptance, repair and replace the goods or materials so injured, damaged and destroyed, at SELLER’s expense and to BUYER’s satisfaction. When materials or equipment are furnished by others for SELLER’s use, SELLER shall receive, unload, store, handle and be responsible therefore as though such materials or equipment were being furnished by SELLER hereunder. To the extent SELLER is performing hereunder at BUYER’s premises, SELLER and its subcontractors shall take all safety precautions and furnish and install guards necessary for the prevention of accidents. BUYER shall not be responsible nor be held liable for any damage to person or property arising from the use, misuse or failure of any rigging, blocking, scaffolding or other equipment used by SELLER or any of its subcontractors, notwithstanding BUYER’s ownership, provision or loan of such equipment to SELLER or to any of its subcontractors.
Seller's risk. Sellers shall bear the risk of loss or damage to the Timberlands and improvements thereon from Casualty loss or any other cause whatsoever, or condemnation of any portion of the Timberlands, prior to Closing if, but only if, such loss, damage or condemnation causes a reduction in the value of the Property greater than $250,000.00. In the event of such loss, damage, or condemnation prior to Closing which causes a reduction in value of the Property greater than $250,000.00 but less than ten percent (10%) of the Purchase Price, Buyer shall proceed with Closing provided that (i) in the case of damage, Buyer shall receive a reduction in the Purchase Price equal to the amount of such damage as determined in accordance with Section 9.3 below, or (ii) in the case of a condemnation, Sellers shall assign all of Sellers’ rights to such condemnation award or proceeds for the Property to Buyer. In the event that such loss, damage or condemnation occurs prior to Closing and causes a reduction in the value of the Property in excess of ten percent (10%), Buyer, at its election, may terminate this Agreement without any further liability of either party to the other, except that Sellers shall direct the Escrow Agent to refund the Xxxxxxx Money to Buyer or if Buyer fails to terminate this Agreement as provided herein within five (5) business days after the determination of the reduction in value of the Property, then Buyer shall be deemed to have waived such termination right and Buyer and Sellers shall complete the Closing provided that (i) in the case of damage, Buyer shall receive a reduction in the Purchase Price equal to the amount of such damage as determined in accordance with Section 9.3 below, or (ii) in the case of a condemnation, Sellers shall assign all of Sellers’ rights to such condemnation award or proceeds for the Property to Buyer.
