Losses or Damage Sample Clauses

Losses or Damage. 45 If ADOT office space in the collocated office, related facilities, or fixtures is destroyed, damaged, 46 or stolen then, except as provided below, Developer shall, at its cost and within 10 Business 1 Days after the occurrence of such Loss, repair the items to their original condition or replace
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Losses or Damage. 33 If ADOT field office space, related facilities, or fixtures are destroyed, damaged, or stolen then, 34 except as provided below, Developer shall, at its cost and within 10 Business Days after the 35 occurrence of such Loss, repair those items to their original condition or replace them. However, 36 in the case of lost, damaged, or stolen office equipment (e.g., computers, facsimile machines, 37 copy machines, and printers), replacement must occur within 2 Business Days. Notwithstanding 38 the foregoing, however, if the Loss occurs as a direct result of the willful misconduct of ADOT or 39 its personnel or consultants and such Loss is not covered by insurance actually carried, or 40 deemed to be carried pursuant to Section 11.2.4 of the Agreement, by Developer, then 41 Developer shall repair or replace the affected items within the timeframes specified herein, and 42 ADOT will reimburse Developer for the actual reasonable documented costs incurred to repair 43 or replace, including the amount of any deductible.
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Losses or Damage. 18 If ADOT field office space(s), related facilities, or fixtures are destroyed, damaged, or stolen 19 then, except as provided below, Developer shall, at its cost and within 10 Business Days after 20 the occurrence of such Loss, repair those items to their original condition or replace them.
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Losses or Damage. 26 If ADOT office space, related facilities, or fixtures are destroyed, damaged, or stolen during the 27 Term, except when such damage or Losses are a direct result of willful misconduct of ADOT, its 28 personnel, or consultants, Developer must, at its cost and within 10 Business Days after the 29 occurrence of such destruction or damage, repair those items to their original condition or 30 replace them. However, in the case of lost, damaged, or stolen office equipment (e.g., 31 computers, facsimile machines, copy machines, and printers) required for normal office 32 operations, replacement must occur within 2 Business Days. If Losses or damage occurs as a 33 direct result of the willful misconduct of ADOT or its personnel or consultants, Developer shall 34 replace the affected facilities within the timeframes specified herein, and ADOT will reimburse 35 Developer for actual, reasonable, and documented costs incurred.
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Losses or Damage. 10 If ADOT field office space(s), related facilities, or fixtures are destroyed, damaged, or stolen 11 during the Termthen, except when such damage or Losses are a direct result of willful 12 misconduct of ADOT, its personnel, or consultantsas provided below, Developer shall, at its cost 13 and within 10 Business Days after the occurrence of such destruction or damageLoss, repair 14 those items to their original condition or replace them. However, in the case of lost, damaged, or 15 stolen office equipment (e.g., computers, facsimile machines, copy machines, and printers) 16 required for normal office operations,), replacement must occur within 2 Business Days. If 17 Losses or damageNotwithstanding the foregoing, however, if the Loss occurs as a direct result 18 of the willful misconduct of ADOT or its personnel or consultants, and such Loss is not covered 19 by insurance actually carried, or required under or pursuant to the Contract Documents to be 20 carried, by Developer, then Developer shall repair or replace the affected facilitiesitems within 21 the timeframes specified herein, and ADOT will reimburse Developer for the actual, reasonable, 22 and documented costs incurred to repair or replace, including the amount of any deductible, 23 except as provided otherwise in Section 11.2.4 of the Agreement. 24 110.05.4 Computer and Equipment Requirements 25 Developer shall provide network administration, operational support, and day-to-day 26 management of the collocated office and field office networks and data systems. Developer 27 shall provide a Project server that includes daily reliable backups of Project data.
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Losses or Damage. Exhibitor agrees that IEEE GHTC 2017 shall not be liable for any damage or liability of any kind or for any loss, damage or injury to persons or property during the term of this agreement, from any cause whatsoever by reason of use, occupation and enjoyment of exhibit space by exhibitor or any person thereon with the consent of exhibitor, and that exhibitor will defend, indemnify and save harmless, IEEE GHTC 2017 from all liability whatsoever, on account of any such damage, or injury, whether or not caused by negligence of or breach of an obligation by exhibitor or its employees or representatives. Exhibitor will be liable for all damages, or liability of any kind or for any loss, damage or injury to persons or any property during the show from any cause whatsoever by reason of use, occupation and enjoyment of exhibit space.
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Related to Losses or Damage

  • Loss or Damage Lessee hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of, any unit of Equipment from any cause whatsoever from the time the Equipment is shipped to Lessee.

  • Risk of Loss or Damage From the point the equipment leaves Company’s office in El Cajon, CA the Customer assumes all risks of loss or damage to the equipment from any cause.

  • Destruction or Damage In the event any of the Property is damaged or destroyed prior to the Closing Date, Seller shall notify Buyer in writing of such fact promptly after obtaining knowledge thereof. If any such damage or destruction: (i) (a) is an insured casualty and (b) would cost less than an amount equal to ten percent (10%) of the Purchase Price to repair or restore, and (ii) does not result in a termination of the Lease, then this Agreement shall remain in full force and effect and Buyer shall acquire the Property upon the terms and conditions set forth herein. The cost of repair shall be determined by an architect and contractor selected by Seller and reasonably approved by Buyer. In such event, Buyer shall receive a credit against the Purchase Price equal to the deductible amount applicable under Seller's casualty policy less all costs and expenses, including reasonable attorneys' fees and costs, incurred by Seller as of the Closing Date in connection with the negotiation and/or settlement of the casualty claim with the insurer ("REALIZATION Costs"), and Seller shall assign to Buyer all of Seller's right, title and interest in and to all proceeds of insurance on account of such damage or destruction. In the event the Property is damaged or destroyed prior to the Closing Date and the cost of repair would equal or exceed an amount equal to ten percent (10%) of the Purchase Price, or the casualty is an uninsured casualty, then, notwithstanding anything to the contrary set forth above in this section, Buyer shall have the right, at its election, to terminate this Agreement. Buyer shall have ten (10) days after Seller notifies Buyer of the cost of repairing the damage to make such election by delivery to Seller of a written election notice ("ELECTION NOTICE") and the Closing Date shall be extended, if necessary, to provide sufficient time for Buyer to make such election. The failure by Buyer to deliver the Election Notice within such ten (10) day period shall be deemed an election to terminate this Agreement. Notwithstanding anything contained in Section 7.1(d) to the contrary, any termination by Buyer under this Section 11.2 shall not result in a termination of Buyer's right to acquire any remaining Portfolio Properties under the Portfolio Agreements. In the event Buyer does not elect to terminate this Agreement as set forth above, this Agreement shall remain in full force and effect, Seller shall assign to Buyer all of Seller's right, title and interest in and to any and all proceeds of insurance on account of such damage or destruction, if any, and, if the casualty was an insured casualty, Buyer shall receive a credit against the Purchase Price equal to the deductible amount (less the Realization Costs) under Seller's casualty insurance policy.

  • No Damage Any loss, damage or destruction, whether covered by insurance or not, affecting Company's business or properties;

  • Partial Damage - Uninsured Loss If Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense and this Lease shall continue in full force and effect), Lessor may at Lessor's option, either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such damage of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give such notice of Lessor's intention to terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage totally at Lessee's expense and without reimbursement from Lessor. Lessee shall provide Lessor with the required funds or satisfactory assurance thereof within thirty (30) days following such commitment from Lessee. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the funds or assurance thereof within the times specified above, this Lease shall terminate as of the date specified in Lessor's notice of termination.

  • Consequential Loss Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other Party for any indirect, special, consequential, punitive, and/or exemplary damages or losses arising from any act or omission by that Party relating to this Agreement and each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) harmless in respect of any and all such indirect, special, consequential, punitive, and/or exemplary damages or losses suffered or incurred by the Indemnifying Party (provided that nothing in this Clause 16 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • Negligent or Willful Damage Un- designated timber meeting Utilization Standards and un- necessarily damaged or negligently or willfully cut by Pur- chaser, if included by Contracting Officer.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • 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.

  • No Punitive Damages Each party agrees that it shall not have a remedy of punitive or exemplary damages against the other in any Dispute and hereby waives any right or claim to punitive or exemplary damages it may have now or which may arise in the future in connection with any Dispute, whether the Dispute is resolved by arbitration or judicially.

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