Common use of Impact Damage Clause in Contracts

Impact Damage. Damage resulting from striking the car with hammers, lances, sledges, or other such mechanical devices shall not be considered normal wear and tear to the extent such damage results in (a) cracks, punctures, or tears of the steel sheet, or (b) dents to the steel sheet exceeding one inch (1”) in depth, or (c) penetration of the exterior paint film exposing the steel sheet to the elements; all of the preceding enumerated items shall collectively be defined as “Lessee Responsibility Damage”. Lessee Responsibility Damage shall be repaired at Lessee’s expense by means of straightening dents, welding any cracks, patching punctures or tears, and spot painting any repaired or exposed surfaces. Weight Limitation - Lessee shall not exceed the weight limitations prescribed for operation of cars in unrestricted interchange service as set forth under AAR Interchange Rule 70 without Lessor’s prior written consent.

Appears in 1 contract

Sources: Railroad Car Lease Agreement (Otter Tail Ag Enterprises, LLC)

Impact Damage. Damage Impact damage resulting from striking the car with hammers, lances, sledges, or other such mechanical devices device shall not be considered normal wear and tear to the extent such damage results in (a) cracks, punctures, or tears of the steel sheet, or (b) dents to the steel sheet exceeding one inch (1") in depth, or (c) penetration of the exterior paint film exposing the steel sheet to the elements; all of the preceding enumerated items shall collectively be defined as “Lessee "Sublessee Responsibility Damage". Lessee Sublessee Responsibility Damage shall be repaired at Lessee’s Sublessee's expense by means of straightening dents, welding any cracks, patching punctures or tears, and spot painting any repaired or exposed surfaces. Weight Limitation - Lessee Weiqht Limitation: Sublessee shall not exceed the weight limitations prescribed for operation of cars in unrestricted interchange service as set forth under AAR Interchange Rule 70 without Lessor’s Sublessor's prior written consent.

Appears in 1 contract

Sources: Railcar Sublease Agreement (Southwest Iowa Renewable Energy, LLC)