Damage due to accident Clause Samples
The 'Damage due to accident' clause defines how responsibility and liability are allocated when property or goods are harmed as a result of an unforeseen incident. Typically, this clause outlines which party bears the cost of repairs or replacement, and may specify procedures for reporting and documenting the damage, as well as any insurance requirements. Its core function is to provide clarity and prevent disputes by establishing in advance how accidental damages will be handled between the parties.
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Damage due to accident. 13.11.1 The Operator shall be liable for any damage to the Bus on account of accidents. The Operator agrees that it shall undertake repair and rectification of such damaged Bus such that the Bus conforms to the Specifications and Standards, to the satisfaction of the Authority.
13.11.2 The Operator agrees that the Authority shall not be responsible for any liability arising out of any civil or criminal proceedings instituted by affected parties, as a result of such accident of the Bus and the Operator agrees that it shall keep the Authority indemnified against any third- party claims arising from such accidents.
13.11.3 The Operator shall notify the relevant Government Instrumentalities and the Authority of any accidents verbally, within [1 (one)] hour of its occurrence followed by a written notice and in the event, such accident involves any fatality, the Operator shall intimate such accident verbally within 5 (five) minutes of the occurrence of such accident, followed by a written notice. Where any persons involved in the accident have suffered injuries, the Operator shall co-ordinate with the relevant Government Instrumentalities to ensure timely medical help and treatment. The Authority shall provide reasonable assistance support to the Operator on best efforts basis.
13.11.4 In the event of an accident of a Bus leading to its complete destruction, such that the Bus cannot be repaired and operated in normal circumstances, and is rendered inoperable, the Operator shall replace such damaged Bus with a new Bus of such make and model which meets the Specifications and Standards and as acceptable to the Authority. The Operator agrees that any Bus brought as a replacement to a damaged Bus in accordance with this Clause 13.11.4 shall be used in the Service for the remaining Contract Period.
Damage due to accident. 10.8.1 Any damage(s) arising to the Bus due to an accident of the Bus shall be the liability of the Operator. The Operator shall ensure repair of such damaged/ accidental Bus to the satisfaction of the Authority. [Any insurance proceeds received from the Insurance company against the affected Bus (es), shall be deposited by the Authority in the Escrow Account within {7 (seven) days} of receipt of such proceeds from the insurance company (to the extent received) towards cost of such repair or renovation or restoration or replacement of the Buses, upon submission of due proof by the Operator that such Bus (es) has/have been repaired or restored by it. Any shortfall between the actual cost incurred by the Operator towards repair and restoration of the damaged Bus and the insurance proceeds received shall be borne by the Operator. In the event, the Authority deliberately delays in depositing of the insurance proceeds upon receipt of the same from the insurance company beyond the said period of 7 days, the Authority shall be liable to pay the amount of proceeds along with interest of Bank Rate plus 2% (two per cent) per annum till the same are released to the Operator]36; 32[Drafting Note: Replace the word “Operator” with “Authority”, if the Buses are being handed over by the Authority] 33[Drafting Note: Replace the word “Authority with “Operator””, if the Buses are being handed over by the Authority] 34[Drafting Note: Replace the word "Operator" with “Authority”, if the Buses are being procured and handed over by the Authority] 35[Drafting Note: Change Clause number 10.3 to 10.4, if the Buses are being procured and handed over by the Authority] 36 [Drafting Note: Delete this part of the provision where Buses are being procured by the Operator]
10.8.2 The Operator clearly understands and agrees that the Authority shall not be responsible for any consequences/ liability arising out of any civil or criminal proceedings instituted by the affected parties as a result of such accident of the Bus and the Operator shall keep the Authority fully indemnified in this regard;
10.8.3 The Operator shall notify about such accident within 1 (one) hour of its occurrence and in the event, such accident involves any fatality, the Operator shall remain bound to intimate within 5 (five) minutes the relevant authorities and persons/ officials of the Authority and if permitted by the concerned authorities make adequate arrangements for effective towing away/ removing of the affected...
Damage due to accident. 14.4.1 The Operator shall be liable for any damage to the Bus on account of accidents. The Operator agrees that it shall undertake repair and rectification of such damaged Bus such that the Bus conforms to the Specifications and Standards, to the satisfaction of the Authority.
14.4.2 The Operator agrees that the Authority shall not be responsible for any liability arising out of any civil or criminal proceedings instituted by any third party, as a result of such accident of the Bus and the Operator agrees that it shall keep the Authority and its officers, servants, agents, indemnified from and against any and all suits, proceedings, actions, demands and third party claims for any loss, damage, injury, death, cost and expense of whatever kind and nature arising from such accidents.
14.4.3 The Operator shall notify the relevant Government Instrumentalities and the Authority of any accidents verbally, within 1 (one) hour of its occurrence followed by a written notice (setting out in reasonable detail the cause of the accident and the steps taken or proposed to be taken by the Operator in connection with the same) and in the event, such accident involves any fatality, the Operator shall intimate such accident verbally within 5 (five) minutes of the occurrence of such accident, followed by a written notice (setting out in reasonable detail the cause of the accident and the steps taken or proposed to be taken by the Operator in connection with the same). Where any persons involved in the accident have suffered physical injuries, the Operator shall co-ordinate with the relevant Government Instrumentalities to ensure timely medical help, treatment and compensation in accordance with the Employees Compensation Act, 1923 and any other applicable laws.. The Authority shall provide reasonable assistance and support to the Operator in such situation.
Damage due to accident. 10.8.1 Any damage(s) arising to a Bus due to an accident of the Bus shall be the liability of the Operator. The Operator shall ensure repair of such damaged/ accidental Bus, etc. to the satisfaction of the Authority.[Any insurance proceeds received from the Insurance company against the affected Bus(es), shall be deposited by the Authority in the Escrow Account within {7 (seven) days} of receipt of such proceeds from the insurance company (to the extent received) towards cost of such repair or renovation or restoration or replacement of the Buses, upon submission of due proof by the Operator that such Bus(es) has/have been repaired or restored by it. Any shortfall between the actual cost incurred by the Operator towards repair and restoration of the damaged Bus and the insurance proceeds received shall be borne by the Operator. In the event, the Authority deliberately delays in depositing of the insurance proceeds upon receipt of the same from the insurance company beyond the said period of 7 (seven) days, the Authority shall be liable to pay the amount of proceeds along with interest of Bank Rate plus 2% (two per cent) per annum till the same are deposited in the Escrow Account of the Operator]37;