Common use of Value Declared Clause in Contracts

Value Declared. Except as otherwise agreed upon in writing by the Parties, and except as provided below, pursuant to the second paragraph of Article 52 of the Regulatory Law the liability of KCSM for loss of or damage to the Freight shall be limited to an amount equivalent to 15 (fifteen) days’ general minimum wage in the Federal District per metric ton, or the proportional amount in case of shipments of lesser weight, pertaining to the specific weight of the loss or damage to the Freight. In order for KCSM’s liability to be extended under the terms of the first paragraph of Article 52 of the Regulatory Law, Shipper shall (i) confirm to KCSM previously and in writing its request for such extension, (ii) declare the value of the Freight by means of the written forms provided by KCSM for such purposes, (iii) pay the extended liability surcharge referred to in the last paragraph of this Section 11.4, and (iv) comply with each and all of the provisions set forth in the Xxxx of Lading, including (without limitation) those set forth in the last paragraph of this Section 11.4. Provided all such conditions are met, the liability of KCSM for loss of or damage to the Freight will be limited to the lesser of the value declared by Shipper or the actual amount of loss or damage, and shall otherwise remain subject to all of the terms and provisions of the Xxxx of Lading, including any and all limitations to liability for cargo loss and/or damage outlined therein. In addition to any other conditions set forth in the Xxxx of Lading or applicable law, in order for KCSM’s liability to be extended in terms of the first paragraph of Article 52 of the Regulatory Law, Shipper shall comply with each and all of the following provisions:

Value Declared. Except as otherwise agreed upon in writing by the Parties, and except as provided below, pursuant to the second paragraph of Article 52 of the Regulatory Law the liability of KCSM for loss of or damage to the Freight shall be limited to an amount equivalent to 15 (fifteen) days’ general minimum wage in the Federal District per metric ton, or the proportional amount in case of shipments of lesser weight, pertaining to the specific weight of the loss or damage to the Freight. In order for KCSM’s liability to be extended under the terms of the first paragraph of Article 52 of the Regulatory Law, Shipper shall (i) confirm to KCSM previously and in writing its request for such extension, (ii) declare the value of the Freight by means of the written forms provided by KCSM for such purposes, (iii) pay the extended liability insurance surcharge referred to in the last paragraph of this Section 11.4, and (iv) comply with each and all of the provisions set forth in the Xxxx of Lading, including (without limitation) those set forth in the last paragraph of this Section 11.4. Provided all such conditions are met, the liability of KCSM for loss of or damage to the Freight will be limited to the lesser of the value declared by Shipper or the actual amount of loss or damage, and shall otherwise remain subject to all of the terms and provisions of the Xxxx of Lading, including any and all limitations to liability for cargo loss and/or damage outlined therein. In addition to any other conditions set forth in the Xxxx of Lading or applicable law, in order for KCSM’s liability to be extended in terms of the first paragraph of Article 52 of the Regulatory Law, Shipper shall comply with each and all of the following provisions:

Value Declared. Except as otherwise agreed upon in writing by the Parties, and except as provided below, pursuant to the second paragraph of Article 52 of the Regulatory Law the liability of KCSM for loss of or damage to the Freight shall be limited to an amount equivalent to 15 (fifteen) days’ general minimum wage in the Federal District per metric ton, or the proportional amount in case of shipments of lesser weight, pertaining to the specific weight of the loss or damage to the Freight. In order for KCSM’s liability to be extended under the terms of the first paragraph of Article 52 of the Regulatory Law, Shipper shall (i) confirm to KCSM previously and in writing its request for such extension, (ii) declare the value of the Freight by means of the written forms provided by KCSM for such purposes, (iii) pay the extended liability insurance surcharge referred to in the last paragraph of this Section 11.4, and (iv) comply with each and all of the provisions set forth in the Xxxx Bill of Lading, including (without limitation) those set forth in the last paragraph of this Section 11.4. Provided all such conditions are met, the liability of KCSM for loss of or damage to the Freight will be limited to the lesser of the value declared by Shipper or the actual amount of loss or damage, and shall otherwise remain subject to all of the terms and provisions of the Xxxx Bill of Lading, including any and all limitations to liability for cargo loss and/or damage outlined therein. In addition to any other conditions set forth in the Xxxx Bill of Lading or applicable law, in order for KCSM’s liability to be extended in terms of the first paragraph of Article 52 of the Regulatory Law, Shipper Xxxxxxx shall comply with each and all of the following provisions:

Value Declared. Except as otherwise agreed upon in writing by the Parties, and except as provided below, pursuant to the second paragraph of Article 52 of the Regulatory Law the liability of KCSM for loss of or damage to the Freight shall be limited to an amount equivalent to 15 (fifteen) days’ general minimum wage in the Federal District per metric ton, or the proportional amount in case of shipments of lesser weight, pertaining to the specific weight of the loss or damage to the Freight. In order for KCSM’s liability to be extended under the terms of the first paragraph of Article 52 of the Regulatory Law, Shipper shall (i) confirm to KCSM previously and in writing its request for such extension, (ii) declare the value of the Freight by means of the written forms provided by KCSM for such purposes, (iii) pay the extended liability surcharge referred to in the last paragraph of this Section 11.4, and (iv) comply with each and all of the provisions set forth in the Xxxx Bill of Lading, including (without limitation) those set forth in the last paragraph of this Section 11.4. Provided all such conditions are met, the liability of KCSM for loss of or damage to the Freight will be limited to the lesser of the value declared by Shipper or the actual amount of loss or damage, and shall otherwise remain subject to all of the terms and provisions of the Xxxx Bill of Lading, including any and all limitations to liability for cargo loss and/or damage outlined therein. In addition to any other conditions set forth in the Xxxx Bill of Lading or applicable law, in order for KCSM’s liability to be extended in terms of the first paragraph of Article 52 of the Regulatory Law, Shipper Xxxxxxx shall comply with each and all of the following provisions: