Damage to Equipment Clause Samples

Damage to Equipment. The Client will be responsible for any damage or loss to the Contractor’s equipment due to misuse or theft by the Client or any guest of the Client and in the case of a force majeure event (including but not limited to fires, floods, inclement weather, and earthquakes).

Damage to Equipment. The Client will be responsible for any damage or loss to the Provider’s equipment due to misuse by the Client or any guest of the Client and in the case of theft or damage (due, but not limited, to fire, flood, or earthquake). If the Provider judges the weather during the course of the Event to be inclement and thus unsafe, they reserve the right to cease operations for the safety of the equipment and of the Event’s attendees, in which case no refund will be given.

Damage to Equipment. The Parties shall exercise all necessary precautions to avoid causing damage to the other Party’s poles and Equipment and other pole attachers’ Equipment and shall assume responsibility to each other for any and all loss from any damage to the other Party’s poles or Equipment and reimburse the other Party for the entire expense incurred in making such repairs. Each Party shall assume responsibility to third parties for any and all loss from any damage caused to third party’s Equipment by such Party and shall reimburse such third party for the entire expense incurred in making repairs.

Damage to Equipment. The Lessee shall be liable to the Lessor for all loss or damage to the Equipment while it is in the possession of the Lessee, regardless of the cause or origin of such loss or damage, accept as limited by Section 16. In the event of damage to Equipment, the Lessee shall immediately notify Lessor of such.

Damage to Equipment. Lessee shall be liable to Lessor for all loss or damage to the Equipment, while it is in the possession of Lessee, regardless of the cause or origin of such loss or damage, except as limited by Section 19. Subject to the provisions of Section 8 hereof, Lessee shall advise Lessor within seven (7) days of the receipt of the Equipment of any shortages or damage claim which it might have and unless such notice is given within such period such claim for shortage or damage shall be invalid and unenforceable. In the event of partial loss or damage to the Equipment, Lessee shall immediately notify Lessor of such, and if its failure to so notify Lessor results in additional or consequential damage to Lessor, Lessee agrees to incur to the exclusion of all others and pay for all such damages. The repair of the damaged Equipment will be governed by Section 19.

Damage to Equipment a. Motor Carrier shall pay to Provider the reasonable and customary costs to repair Damages done to Equipment during Motor Carrier’s possession. [Revised 09/01/09] 1) A Provider will determine the Motor Carrier that it will invoice for Damage to Equipment that occurred during the Interchange Period. [Revised 01/01/18) 2) To be valid, invoices must detail the repairs done; include a copy of the actual repair bill upon which the invoice is based and include the factual documentation supporting the Provider’s determination that the Motor Carrier is responsible. In instances where a copy of the actual repair bill is not available to Provider, documentation containing the repair vendor’s name, repair date, location and a control number that ties the documentation to the invoice provided to the Motor Carrier is acceptable, in lieu of the actual repair bill. In the case of a gate transaction using Recorded Images such documentation must include images depicting the condition of the Equipment at the time of that Interchange. [Revised 10/01/18] b. Where the reasonable and customary cost to repair exceeds the casualty loss value as determined in Section E.2.a hereof, the Motor Carrier shall be obligated only for the lesser sum. c. Parties shall invoice repair costs no later than the following timeframes: If Parties are not invoiced within the established timeframes, the right of the Invoicing Party to recover such charges will be lost: [Revised 01/26/15] 1) Standard Gate System (manned) or Interchange between Motor Carriers: Invoices for repair of Damages must be issued no later than 165 calendar days from the date of Interchange at the time the Damage was documented. [Revised 06/13/16] 2) Gate transactions using Recorded Images: Invoices for repair of Damages must be issued no later than 120 calendar days from the date of Interchange at the time the Damage was documented. [Revised 10/01/18] 3) Invoices for repairs made during the Interchange Period must be issued no later than 90 calendar days from the date of the repair. Provider may, in its Addendum, adopt a shorter billing timeframe, which is no less than 45 days, and applies to both the Motor Carrier and Provider. [Revised 01/26/15] 4) The above timeframes shall not apply with respect to any Equipment that has been placed on hold at the request of any of the Parties because the Equipment was involved in an incident that could give rise to a claim or litigation. The applicable timeframe shall begin to run from t...

Damage to Equipment. Customer shall be liable and indemnify and hold BluIP harmless, for any damage to BluIP or third party rented Equipment, facility, or system caused by: (a) negligent or willful acts or omissions of Customer or its Related Parties, or otherwise attributable to Customer, or its Related Parties in violation of the Agreement; and, (b) malfunction or failure of any equipment or facility provided by Customer or its Related Parties.

Damage to Equipment. A Flight Attendant shall not be required to pay for damage or loss of Company property on or off any aircraft while performing his/her regular duties, unless caused by the negligence or intentional misconduct of the Flight Attendant.

Damage to Equipment. All damages or repairs to any equipment or apparatus shall be the responsibility of the Party that owns such equipment or apparatus. In the event that damages to equipment or apparatus occurs during a natural disaster or a state of emergency, as declared by a local, state, or federal governing authority (“a Disaster”), for which state or federal aid or grants may be sought in order to compensate the Party for the damages incurred or resources expended in in relation to the Disaster: i. Except as provided in paragraph ii, below, each Party shall be responsible for making application for funds to compensate the Party for said Party’s own damages or resources used as the result of the Disaster; and ii. If only one Party is authorized to make application for recovery of damages that occurred in relation to the Disaster, inclusive of damages incurred by both Parties, the Party making the application agrees to distribute to the other Party the funds awarded to the Party making the application for that portion of the claim relating to the other Parties’ damages or resources used; provided, however, if the award is made in lump sum to the Party that made the application without stating the items within the claim application to which the award applies, the Parties agree that the award will be shared proportionately on a percentage basis based on the value of the damages incurred and resources spent during the Disaster as it relates to the entire claim for which the original application was made.