Allocation of Risk definition

Allocation of Risk. The responsibility of EVAPCO ceases upon delivery of goods in good order to the freight carrier. The Buyer assumes all risk of loss, damage or shortage in transit, and any claims based thereon must be filed by the Buyer with the transportation company. Buyer also assumes risk of loss or damage caused by improper storage, handling or layup of goods. GOVERNING LAW AND DISPUTE RESOLUTION: In the event of a dispute arising hereunder, the parties will attempt to amicably resolve the dispute. If after good faith negotiations, the parties cannot reach agreement, then the matter shall be resolved in a court having jurisdiction. This agreement shall be governed and construed in accordance with the laws of the State of Maryland without regard to its choice of law provisions. Any judicial proceeding relating to this agreement, or relating to any other rights or actions the parties may have against each other, shall be conducted in a state or federal court in the State of Maryland, and each of the parties irrevocably consents to the jurisdiction of such courts and agrees that such courts constitute a convenient forum for resolving any dispute between them. To the fullest extent permitted by law, the parties hereby expressly and irrevocably waive all rights to a trial by jury in any action or proceeding arising out of or relating to this Agreement. CHANGES/ADDITIONAL WORK: EVAPCO is not obligated to incur any expense or do any work in excess of that reasonably anticipated unless the Buyer issues a change order for such expenses or work which shall be in writing and signed by authorized representatives of the Buyer and EVAPCO. OSHA/HAZMAT/SITE SAFETY: EVAPCO shall not be responsible for health or safety programs or precautions related to Buyer’s activities or operations, Buyer’s other contractors, the work of any other person or entity, or Buyer’s site conditions. EVAPCO shall not be responsible for inspecting or correcting health or safety conditions or deficiencies of Buyer or others at Buyer’s site, and ▇▇▇▇▇ agrees to indemnify, hold harmless, and defend EVAPCO against any claims arising out of such conditions or deficiencies. So as not to discourage EVAPCO from voluntarily addressing health or safety issues by making observations, reports, suggestions, or otherwise, it is understood and agreed that EVAPCO shall nevertheless have no liability or responsibility arising on account thereof. EVAPCO agrees to comply with the Federal OSHA, or other applicable federal auth...
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Allocation of Risk. Pool Surpluses
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Allocation of Risk means the sections so named of Schedule 1.
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Examples of Allocation of Risk in a sentence

  • Recovery under this Agreement shall be limited by the parties’ agreement on Allocation of Risk and the remainder of this section.

  • The parties agree that the apportionment of the risk of loss and other limitations set forth in the Allocation of Risk provisions of this Agreement are essential terms of this Agreement and a condition of Consultant's willingness to perform the services.

  • PROMEDCO, INC., By: Name Title Address PROMEDCO OF CULLMAN, INC., By: Name: Title: Address: CULLMAN PRIMARY CARE, P.C. By: Name: Address: 26 Allocation of Risk Pool Surpluses ProMedCo shall receive a percentage of the Risk Pool Surpluses.

  • Customer and Orkes each acknowledge and agree that the limitation of liability provisions of this Section 8.3 (Allocation of Risk) reflect an informed, voluntary allocation EHWZHHQ WKHP RI WKH ULVN DVVRFLDWHG ZLWK &XVW this provision, Orkes would not have made the Services available to Customer at the prices contemplated under this Agreement.

  • All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.

Related to Allocation of Risk

  • Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).

  • General Conditions Cost means costs incurred and minor work performed by Contractor without the need for competitive bids/proposals. The allowable General Conditions items are limited in Paragraph 11.1 and are further described on Exhibit “D”. The maximum allowable General Conditions Cost payable to Contractor during the Construction Phase of the Project is set out in Exhibit “A” attached to this Agreement.

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Special Damages has the meaning set forth in Section 12.

  • Allocation has the meaning set forth in Section 3.3.