XXXXXX AND WAIVER EXCLUSIONS Sample Clauses

XXXXXX AND WAIVER EXCLUSIONS. 13.1 The Renter is obliged to accept cover from the Company in respect of a Waiver Protection Package and can elect between STANDARD WAIVER or SUPER WAIVER as contained in the Rental Agreement. All vehicles hired from the Company are hired subject to acceptance of a minimum of the compulsory STANDARD WAIVER option. The Damage Liability Amount applicable to the STANDARD or SUPER WAIVER respectively is contained on the front page of the Rental Agreement for the Rental Period and is subject to the Terms and Conditions of this Rental Agreement. The Renter shall be liable for any and all loss/damage of, or to the Vehicle sustained by the Company, arising from any cause whatsoever, subject to the Damage Liability Amount payable, as described in the front page of the Rental Agreement, where applicable. The renter will, subject to clauses 13.5 and 13.6, be liable for the damage liability amount applicable irrespective of the manner in which an incident occurred or whether the damage was due to negligence by a third party. In the event of the Vehicle being stolen or considered beyond economical repair; the replacement value will be the retail value as contained in the Auto Dealers Guide as at the time of such loss. In the event of the Vehicle being less than (1) one-year-old, the cost thereof shall be the retail value of a new vehicle. All accessories, spares, equipment and tools, irrespective of the age of the Vehicle, will be replaced as new. Any breach of the terms and conditions contained in this Rental Agreement: • may result in the Company withholding a replacement vehicle from the Renter; this election is at the sole discretion of the Company; and • will result in the Renter being deemed fully liable for all damages to the Vehicle. Notwithstanding anything in this Rental Agreement, the Company shall not be obliged to make, institute or proceed with any claim which the Company may otherwise have had against a third party for the recovery of any loss or damage to or in connection with the Vehicle and accordingly, the Company shall be entitled, in its fair and reasonable discretion, to abandon such claim or to settle such claim on any terms.
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Related to XXXXXX AND WAIVER EXCLUSIONS

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Governing Law THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

  • Headings The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

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