Property and Damage Sample Clauses

Property and Damage. Contractor shall not be liable for any damage to Owner’s personal property or real property during the performance of Contractor’s Work. Owner must remove all personal property from the area where Contractor will perform Contractor’s Work. Epoxy injection is only suggested with the recommendation from a structural engineer. Carbon fiber installation is a structural type of repair that does not provide any waterproofing benefits. If any such repair fails, Contractor will honor Contractor’s warranty to either re-repair or in the case Contractor cannot repair, refund the cost of the portion of the failed repair. This does not include any demolition or rebuilding of any finished walls that were installed after Contractor’s initial repair. Contractor shall only be liable for any damage caused by Contractor’s gross negligence and/or intentional misconduct. We are also not responsible for any damage caused to the area in which the dumpster for the job we are doing has been placed. Contractor is not responsible for increases of radon intrusion due to any type of repairs offered by Xxxxx Foundation Repair and Waterproofing. When using an excavator, we are not responsible for the death of vegetation. Wall anchors are a structural repair and may eventually allow water intrusion. In the case that this may happen, additional cost will be added to waterproof. If we have to go further out into the yard with additional rods, there will be an additional charge. If excavation is required to attempt to bring the wall back as close to its original location as the structure will allow, we suggest hauling off the majority of the dirt and back filling with rock to relieve pressure against the wall. If a customer chooses to skip this process and ground pressure causes damage to the structure, we will not be held responsible. Acts of God are not covered in this warranty such as wind, fire, rain, ground pressure or changes in soil. Homeowner is responsible for maintaining proper water mitigation to prevent repair failures. After backfilling we will mound the dirt to help reduce settlement. We are not to be held responsible for any excessive settlement. If the customer chooses to have us bring in extra top soil to prevent settlement, we will be happy to accommodate at an additional charge. However, if that is not requested prior to repair, any additional dirt brought in, seed, straw, and labor will be charged accordingly.
Sample 1
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Property and Damage. Contractor shall not be liable for any damage to Owner’s personal property or real property during the performance of Contractor’s Work. Owner must remove all personal property from the area where Contractor will perform Contractor’s Work. Polyurethane injection is specific to inhibit water intrusion. This type of injection is not a structural repair. Epoxy injection is only suggested with the recommendation from a structural engineer. Carbon fiber installation is a structural type of repair that does not provide any waterproofing benefits. If any such repair fails, Contractor will honor Contractor’s warranty to either re-repair or in the case Contractor cannot repair, refund the cost of the portion of the failed repair. This does not include any demolition or rebuilding of any finished walls that were installed after Contractor’s initial repair. Contractor shall only be liable for any damage caused by Contractor’s gross negligence and/or intentional misconduct. Contractor is not responsible for increases of radon intrusion due to any type of repairs offered by Xxxxx Foundation Repair and Waterproofing.
Sample 1
Property and Damage. Contractor shall not be liable for any damage to Owner’s personal property or real property during the performance of Contractor’s Work. Owner must remove all personal property from the area where Contractor will perform Contractor’s Work. If any such repair fails, Contractor will honor Contractor’s warranty to either re-repair or in the case Contractor cannot repair, refund the cost of the portion of the failed repair. This does not include any demolition or rebuilding of any finished walls that were installed after Contractor’s initial repair. Contractor shall only be liable for any damage caused by Contractor’s gross negligence and/or intentional misconduct. We are also not responsible for any damage caused to the area in which the dumpster for the job we are doing has been placed. Contractor is not responsible for increases of radon intrusion due to any type of repairs offered by Xxxxx Foundation Repair and Waterproofing. Sump pumps come with manufacturer’s warranty only. If a drain tile fails due to excessive hydrostatic pressure that pushed mud from the exterior into the pipe/ sump pit, contractor will not be held liable due to acts of God. If mud intrusion is evident prior to repair or if the homeowner provides those facts to us in writing, the course of action is to excavate on the exterior and backfill with rock to reduce and help prevent hydrostatic pressure of other foreign debris from clogging the system for an additional fee. Homeowner is responsible for maintaining proper water mitigation to prevent repair failures.
Sample 1
Property and Damage. Contractor shall not be liable for any damage to Owner’s personal property or real property during the performance of Contractor’s Work. Owner must remove all personal property from the area where Contractor will perform Contractor’s Work. Contractor shall only be liable for any damage caused by Contractor’s gross negligence and/or intentional misconduct. Homeowner is responsible for maintaining proper water mitigation to prevent repair failures.
Sample 1

Related to Property and Damage

  • Loss and Damage Lessee shall assume and bear the risk of loss, theft and damage (including any governmental requisition, condemnation or confiscation) to the Equipment and all component parts thereof from any and every cause whatsoever, whether or not covered by insurance. No loss or damage to the Equipment or any component part thereof shall impair any obligation of Lessee under this Lease Agreement, which shall continue in full force and effect except as hereinafter expressly provided. Lessee shall repair or cause to be repaired all damage to the Equipment. In the event that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed or otherwise rendered irreparably unusable or damaged (collectively, the “Loss”) then Lessee shall, within ten (10) days after the Loss, fully inform Lessor in writing of such a Loss and shall pay to Lessor the following amounts: (i) the Monthly Lease Charges (and other amounts) due and owing under this Lease Agreement, plus (ii) one-hundred (100%) percent of the original cost of the Equipment subject to the Loss if the loss occurs in the first nine months of the Initial Term, and, thereafter, the original cost of the Equipment amortized by the subsequent Monthly Lease Charges received by Lessor during the Initial Term using an amortization rate of eight hundred and ninety (890) basis points over the interest rate of the three (3) year United States Treasury Note as reported by the Federal Reserve on the Commencement Date (collectively, the sum of (i) plus (ii) shall be the “Casualty Loss Value”). Notwithstanding the proceeding, if Lessee has provided notice to terminate the applicable Lease Schedule prior to informing Lessor in writing of a Loss and such Loss is not covered by insurance proceeds pursuant to Section 13 hereof, then Lessee shall pay two (2) times the Casualty Loss Value on the Equipment subject to such Loss. Upon receipt by Lessor of the Casualty Loss Value: (i) the applicable Equipment shall be removed from the Lease Schedule; and (ii) Lessee’s obligation to pay Lease Charges associated with the applicable Equipment shall cease. Lessor may request, and Lessee shall complete, an affidavit(s) that swears out the facts supporting the Loss of any item of Equipment.

  • PROPERTY AND RISK 7.1 Risk in each Element of the Contracted Services shall pass to the Customer upon delivery to the Site.

  • Liability and Damages The liability provisions of the Terms shall apply except as explicitly agreed otherwise in this DPA.

  • Repair of Damage If the Premises shall be damaged by fire or other casualty, then Landlord shall proceed to repair and restore (subject to receipt of insurance proceeds) the Premises to its condition preceding the damage, subject to the provisions of this Article 10. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease, if such repairs and restoration are not in fact completed within Landlord's estimated time period, so long as Landlord shall have proceeded with reasonable due diligence. The Rent until such repairs shall be made shall be reduced in the proportion which the area of the part of the Premises which is not usable by Tenant bears to the total area of the Premises; provided, however, should Tenant reoccupy a portion of the Premises for the conduct of its business prior to the date such repairs are made, the Rent shall be reinstated with respect to such reoccupied portion of the Premises and shall be payable by Tenant from the date of such occupancy. Further, should Landlord, at its sole option, make available to Tenant, during the period of such repair, other space in the Building which is reasonably suitable for the temporary carrying on of Tenant's business, the Rent shall be reinstated with respect to such temporarily occupied space and shall be payable by Tenant from the date such space is occupied by Tenant. Whenever in this Article 10 reference is made to restoration of the Premises, (i) Tenant's obligation shall be as to all property within the Premises including Tenant's furniture, fixtures, equipment and other personal property, any and all Alterations, construction or other improvements made to the Premises by or on behalf of Tenant and any other leasehold improvements existing in the Premises on the date hereof, all of which shall be restored and replaced at Tenant's sole cost and expense and (ii) Landlord's obligation, if any, shall be as to the shell, which constitutes the structure of the Building and the mechanical, electrical, plumbing, air-conditioning and other building systems up to the point of connection into the Premises. Landlord's obligation to repair or rebuild, and Tenant's right to rent abatement, as described in this Article 10, are only effective provided the damage or destruction is not due to the intentional or negligent acts or omissions of Tenant, its agents, employees, licensees or invitees. During any period of Tenant's repair and restoration following substantial completion of a Landlord's repair and restoration work, Rent and additional rent shall be payable as if said fire or other casualty had not occurred.

  • Lost Property i. We cannot accept responsibility for any items you leave behind in the property after your holiday, but if you contact My Holiday Marketing Ltd they will notify us and we will endeavour to locate the lost item(s).

  • Property and Equipment All property and equipment purchased by CONTRACTOR with funds received under this Agreement, or purchased on behalf of CONTRACTOR for the program site(s) covered under this Agreement, shall be insured by CONTRACTOR at replacement value against fire, theft, and destruction equal to the full replacement cost.

  • 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.

  • Personal Property Damage Upon submission of reasonable proof the Employer shall repair or indemnify with respect to damage to the chattels of an employee while on duty caused by the actions of a patient, resident or client provided such personal property is an article of use or wear of a type suitable for use while on duty.

  • Notice of Damage Tenant shall notify Landlord promptly after Tenant learns of (a) any fire or other casualty in the Premises; (b) any damage to or defect in the Premises, including the fixtures and equipment in the Premises, for the repair of which Landlord might be responsible; and (c) any damage to or defect in any parts of appurtenances of the Building’s sanitary, electrical, heating, air conditioning, elevator or other systems located in or passing through the Premises.

  • Damage to Equipment The Parties shall exercise all necessary precautions to avoid causing damage to the other Party’s poles and Equipment and other pole attachers’ Equipment and shall assume responsibility to each other for any and all loss from any damage to the other Party’s poles or Equipment and reimburse the other Party for the entire expense incurred in making such repairs. Each Party shall assume responsibility to third parties for any and all loss from any damage caused to third party’s Equipment by such Party and shall reimburse such third party for the entire expense incurred in making repairs.

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