Common use of Damage Report Clause in Contracts

Damage Report. Licensee shall exercise special precautions to avoid damage to Facilities of COMPANY, Joint Owners, and other third parties, on said Poles; and hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to COMPANY of said occurrence of any damage and hereby agrees to reimburse COMPANY, Joint Users, and/or other third parties for the expense incurred in making repairs. Force Majeure: Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement, other than failure to pay monies due or owed, to the extent that such failure or delay is caused by acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action or other environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or common carriers, or causes beyond the control of the Party. If any Force Majeure condition occurs, the Party delayed or unable to perform shall give immediate notice to the other Party and shall take reasonable steps to correct the Force Majeure condition. During the pendency of the Force Majeure, the duties of the Parties under this Agreement affected by the Force Majeure condition, other than the obligation to make Rental payments hereunder, shall be abated and shall resume without liability thereafter.

Damage Report. Licensee shall exercise special precautions to avoid damage to Facilities of COMPANY, Joint Owners, and other third parties, on said Poles; and hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to COMPANY of said occurrence of any damage and hereby ▇▇▇▇▇▇ agrees to reimburse COMPANY, Joint Users, and/or other third parties for the Town of Cheektowaga 10/13/23 7 of 9 expense incurred in making repairs. Force Majeure: Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement, other than failure to pay monies due or owed, to the extent that such failure or delay is caused by acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action or other environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or common carriers, or causes beyond the control of the Party. If any Force Majeure condition occurs, the Party delayed or unable to perform shall give immediate notice to the other Party and shall take reasonable steps to correct the Force Majeure condition. During the pendency of the Force Majeure, the duties of the Parties under this Agreement affected by the Force Majeure condition, other than the obligation to make Rental payments hereunder, shall be abated and shall resume without liability thereafter.