LIABILITY FOR LOSS AND DAMAGE. Lessee shall be responsible for any loss of or damage to the Equipment during the Term of the Lease caused by Xxxxxx’s gross negligence or willful misconduct, after the Final Acceptance Date, ordinary wear and tear excepted. If the Equipment is lost, stolen, or damaged while in Xxxxxx’s possession, Xxxxxx will promptly notify the Lessor of such event. In the event of such loss or damage, Lessee, at its option, shall: (i) repair the Equipment to return it to good working order; or (ii) replace the Equipment with an Equipment of the same type and condition or with a later model (upon the Lessor’s written approval), in good condition and working order, free and clear of all liens and encumbrances; or (iii) pay the Lessor the then-current Fair Market Value (for purposes of this Appendix B “Fair Market Value” shall mean the price the Equipment would sell for on the open market immediately before the loss of or damage to the Equipment has occurred) of the Equipment, less any rental payments previously made. In no event shall Lessee’s aggregate liability for any loss of or damage to the Equipment exceed the then-current Fair Market Value of the Equipment.
LIABILITY FOR LOSS AND DAMAGE. The Customer shall be deemed to have elected to accept the Terms and Conditions set out in this document, unless previously agreed in writing, with Xpress Messenger LLP. Xpress Messenger LLP shall not be liable in respect of any loss or misdelivery of, or damage to any consignment if the same has arisen from: an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; a traffic accident or:- any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by, or under, the order of any government or public or local authority. Xpress Messenger LLP does not hold any liability for consequential loss of any description.
LIABILITY FOR LOSS AND DAMAGE. If the Equipment is damaged or lost while in the Lessee’s possession, the Lessee shall be responsible for such damage or loss and shall pay to the Lessor the value of the lost or damaged Equipment. For purposes of calculating the Lessee’s payment obligations, the value of the Equipment shall be $8,000.00. On receipt of any such payment, the Lessor shall, to the extent of the amount paid, assign to the Lessee any of its rights with respect to the damaged or lost Equipment under any insurance policy, together with all of the Lessor’s interest in the Equipment.
LIABILITY FOR LOSS AND DAMAGE. If the Lockbox is damaged or lost while in the Home Owner’s possession (regardless if it is due to a third-party, act of God (including bad weather, war, terrorism, or other event outside of Home Owner’s control)), or the Home Owner themselves, the Home Owner shall be responsible for such damage or loss and shall pay to the Agent the value of the lost or damaged Lockbox, up to a maximum of the deposit amount paid by the Home Owner. Time limits are suspended in the event of a force majeure event, with the only requirement being that the party which is obligated to take action notify the Agent/Home Owner of such a force majeure event. Once the force majeure event has passed the time limits will resume as normal.
LIABILITY FOR LOSS AND DAMAGE. We shall compensate you or your estate in respect of any uninsured loss or damage to your personal property, or upon your death or any personal injury suffered by you, to the extent that any of the foregoing is caused directly by our negligence or our breach of this Agreement or any term implied by law, except where such a breach is caused by you or an event outside our reasonable control. Subject to the aforesaid in this Agreement all liability to you is excluded.
LIABILITY FOR LOSS AND DAMAGE. (1) The End User shall be deemed to have elected to accept the terms set out in section (2) of this Condition unless, before the transit commences, the End User has agreed in writing that Bradford Swissport Limited shall not be liable for any loss or mis- delivery of or damage to or in connection with the Consignment howsoever or whensoever caused and whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of Bradford Swissport Limited, its servants, agents or sub-contractors.
LIABILITY FOR LOSS AND DAMAGE. The following provision is an express written term of your contract of employment: any damage to vehicles, stock or property that is the result of your carelessness, negligence or deliberate vandalism will render you liable to pay the full or part of the cost of repair or replacement; any loss to me that is the result of your failure to observe rules, procedures or instruction, or is as a result of your negligent behaviour or your unsatisfactory standards of work will render you liable to reimburse to me the full or part of the cost of the loss; and in the event of an at fault accident whilst driving my vehicles you may be required to pay the cost of the insurance excess up to a maximum of £250.00. In the event of failure to pay, I have the contractual right to deduct such costs from your pay.
LIABILITY FOR LOSS AND DAMAGE. INSURANCE; NO SUBROGATION RIGHTS; WAIVER BY INSURERS
LIABILITY FOR LOSS AND DAMAGE. The risk in the equipment shall pass to VGA upon delivery and VGA accepts responsibility for insurance from that time.
LIABILITY FOR LOSS AND DAMAGE. The risk in the equipment shall pass to NSWGA upon delivery and NSWGA accepts responsibility for insurance from that time.
