Lost or Damaged Sample Clauses

Lost or Damaged a. Lost or damaged Chromebooks must be immediately reported to the technology department. Lost or irreparably damaged Chromebooks due to misuse will result in the Chromebook being replaced at the parents’ expense. The cost of total replacement is $300.00, replacement of the cord is $15, replacement of the case is $10.
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Lost or Damaged items---The City of Chattanooga is not responsible for any lost or damaged items or injury related to any rental or reservation on the City of Chattanooga premises. The applicant agrees to hereby expressly release and hold harmless, the City of Chattanooga from all claims for such loss, damages, or injury whatsoever as may be sustained or claimed by any person using the facilities during such rentals.
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Lost or Damaged. Xxxxxxx Xxxxxxx University shall have the right, in its sole discretion, with respect to all Xxxxxxx Xxxxxxx provided Mobile Devices to hold the Employee responsible for the replacement cost or repair cost of any Mobile Device assigned to and accepted by the Employee. Any repairs to the device must be performed by BW IT or a BW IT approved service vendor.
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Lost or Damaged. The User shall hold harmless the Xxxxxxx Xxxxxxx University for the replacement cost or repair cost of any BYOD regardless of the situation where the device is lost or damaged.
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Lost or Damaged. BEYOND-REPAIR Lost or damaged-beyond-repair equipment/tools, due to no fault of VENDOR of any sort or the fault of any third person, will be charged to BUYER at actual replacement cost less the depreciated value (as defined By the VENDOR using standard practices) of the equipment/tool lost. Actual replacement cost is defined as the net amount VENDOR paid for the equipment/tools after any and all discounts have been applied (including but not limited to trade, distributor or special discounts). For VENDOR’S manufacturing their own equipment/tools, replacement cost will be determined by VENDOR’S actual manufacturing cost (documented by date of manufacture and breakdown of labor, materials and overhead) less the depreciated value of the lost or damaged-beyond-repair equipment/tools. In lieu of approving the claim for lost or damaged equipment/tools, BUYER reserves the right to replace the equipment/tools directly, with like kind subject to VENDOR’S approval. KEY PERFORMANCE INDICATORS VENDOR is expected to deliver a certain minimum service level determined by a mutually agreed upon Key Performance Indicators (KPIs). ü ZERO HSE Incidents ü 75% on bottom drilling time per 24 hours ü < 3 degrees inclination ü Average penetration rate exceeding 3x average ROP from previous three xxxxx for same section ü Each bit in hole 48 hours between trips ü Drilling 1.67days/1000’
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Lost or Damaged. If a device is lost or damaged, the school must be notified immediately, and the student/student’s family may be responsible for replacement/repair costs, not to exceed $100. If damage is due to negligence, the student/student’s family will be held responsible. Examples of negligence include but are not limited to:
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Related to Lost or Damaged

  • 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.

  • Minor Damage In the event of loss or damage to the Property or any portion thereof which is not "major" (as hereinafter defined), this Agreement shall remain in full force and effect provided Seller performs any necessary repairs or, at Seller's option, assigns to Purchaser all of Seller's right, title and interest to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the deductible amount under Seller's insurance policy. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.

  • 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.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

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

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • 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.

  • Direct Damages Each of the Parties shall be liable to the other for any direct damages arising out of or relating to its performance or failure to perform under this Agreement.

  • Lost Items The Credit Union, in receiving items from you for withdrawal or deposit, acts only as your agent and reserves the right to reverse the credit for any deposited items or to charge your account for the items should they become lost in the collection process.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

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