Liability for Facilities Sample Clauses

Liability for Facilities. 18 XVIII. Permits and Licenses; Compliance with Law.............................21
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Liability for Facilities. A. SUBCONTRACTOR assumes the risk of, and is responsible for, any loss, damage to or destruction of the Facilities issued to SUBCONTRACTOR pursuant to the terms of this Agreement, occurring, after the Occupancy Date as hereinafter defined (to the extent of the space that SUBCONTRACTOR then occupies) or Commencement Date, whichever is earlier, through the term of this Agreement, except where such loss, damage, or destruction is caused by (i) the negligence, or willful misconduct of the Contractor, the Army or any other occupant of the facilities located at MSAAP (other than the SUBCONTRACTOR or any of its employees, agents, or lower-tier subcontractors, or any of their respective employees, agents or invitees) or (ii) an act of God. SUBCONTRACTOR will commence and prosecute repair and/or replacement of the Facilities as expeditiously as reasonably BASIC ORDER AGREEMENT 04T002 possible (except in cases where the SUBCONTRACTOR has not assumed the risk under the preceding sentence), provided that Contractor shall make available to SUBCONTRACTOR insurance proceeds, if any, it received on account of such loss or damage. However, notwithstanding the foregoing, the Contractor is not expected or required to maintain any such insurance and SUBCONTRACTOR acknowledges Contractor does not intend, nor is required to maintain such insurance. In the event that SUBCONTRACTOR has not assumed the risk pursuant to the terms of this Paragraph, SUBCONTRACTOR shall have the option, but not the obligation, to repair or replace at its own expense the Facilities in accordance with the terms of the preceding sentence and SUBCONTRACTOR shall be entitled to a pro-rata adjustment based upon the percent of unusable square footage in the Fixed Service Fee otherwise required under this Agreement during the period of repairs. At the termination or expiration of this Agreement or Orders issued hereunder, SUBCONTRACTOR shall return all Facilities in as good condition as when received, except for reasonable wear and tear and except for items lost, damaged or destroyed as a result of causes for which SUBCONTRACTOR has not assumed the risk under the first sentence of this Paragraph. All removable furniture, equipment, and improvements placed on the Facilities at the expense of SUBCONTRACTOR shall be the property of SUBCONTRACTOR and shall be removed by SUBCONTRACTOR at its expense by the date of termination or expiration of this Agreement. If SUBCONTRACTOR shall not remove all effects from the ...

Related to Liability for Facilities

  • Liability for Specific Obligations The Administrator will be liable only for its specific obligations under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Administrator. The Administrator will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement.

  • Responsibility for Property Lessor is not responsible for any damage to or loss of Renter’s or anyone else’s property.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Liability for Use of Equipment City shall not be liable for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or any of its subcontractors, or by any of their employees, even though such equipment is furnished, rented or loaned by City.

  • Liability for Collateral So long as Collateral Agent and the Lenders comply with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Collateral Agent and the Lenders, Collateral Agent and the Lenders shall not be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage to the Collateral; (c) any diminution in the value of the Collateral; or (d) any act or default of any carrier, warehouseman, bailee, or other Person. Borrower bears all risk of loss, damage or destruction of the Collateral.

  • Credit Union’s Liability for Errors If the Credit Union does not properly complete a transaction according to this Agreement, the Credit Union will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. The Credit Union will not be liable if: (a) through no fault of the Credit Union, your account does not contain enough money to make the transaction; (b) circumstances beyond the Credit Union's control prevents the transaction; (c) your loss is caused by your negligence or the negligence of another financial institution; or (d) the money in your account is subject to legal process or other claim. The Credit Union will not be liable for consequential damages except liability for wrongful dishonor. The Credit Union's actions will constitute the exercise of ordinary care if such actions or nonactions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area serviced by the Credit Union. You grant the Credit Union the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between oral representations by you or Credit Union employees and any written form will be resolved by reference to this Agreement and applicable written form.

  • Liability for Certain Acts Each Manager shall perform the duties of a Manager in good faith in a manner the Manager reasonably believes to be in the best interests of the Company, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. No Manager shall be personally liable for an obligation of the Company solely by reason of being or acting as a Manager. No Manager, in any way, guarantees the return of the Member’s Capital Contributions or a profit for the Member from the operations of the Company. The Managers shall not be liable to the Company or to the Member for any loss or damage sustained by the Company or the Member, unless the loss or damage shall have been the result of fraud, deceit, gross negligence, willful misconduct, breach of this Operating Agreement or a wrongful taking by the Managers.

  • Liability for Past Records Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the facility, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

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