Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.
Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x Xxxx of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x Xxxx of Lading and damage inspection report. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities.
Risk of Loss. The risk of loss from any casualty to the goods, regardless of the cause, shall be on Seller up to the time of receipt of the goods by Buyer at the place of delivery, but only after any proper inspection has been completed without rejection of the goods. Thereafter, such risk shall be on Buyer, including any goods thereafter returned to Seller until their receipt by Seller.
Risk of Loss. The State is relieved of all risks of loss or damage to the goods and equipment during periods of transportation, installation by the Contractor, or while in the possession of the Contractor or its agent.
Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering xxxxxxx’x Xxxx of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x Xxxx of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product.
Risk of Loss. The sole risk of loss arising from the Personal Property, regardless of the cause, shall pass to Buyer upon execution hereof.
Risk of Loss. The party in possession of the Property shall be liable for and assume all risk of loss to the Property.
Risk of Loss. All risk of loss or damage to the Property shall be borne by Seller to and including the date of Closing. In the event that, following the execution of this Agreement, all or any portion of Property is materially damaged or becomes the subject of an appropriation proceeding or threat thereof by a public or quasi-public authority having the power of eminent domain, Seller shall promptly notify Buyer thereof. In such event, Buyer may (1) elect to terminate the agreement contained herein, in which event the Xxxxxxx Money shall be immediately returned to Buyer, or (2) elect to proceed with the transaction, in which event Buyer shall be entitled to the insurance proceeds related to the damage to the Property or the proceeds of any condemnation award or payment in lieu thereof in relation to that portion of the Property taken as a result of such eminent domain proceedings or threat thereof. Seller may, at its option, either prosecute any condemnation claim itself or allow Buyer to appear in the action to prosecute such claim. If Buyer elects to terminate the Agreement as hereinabove provided, it shall notify Seller within ten (10) days after Buyer has received written notice of such damage or destruction or any appropriation proceeding or threat thereof.
Risk of Loss. Each Contract contains provisions requiring the Obligor to assume all risk of loss or malfunction on the related Financed Vehicle, requiring the Obligor to pay all sales, use, property, excise and other similar taxes imposed on or with respect to the Financed Vehicle and making the Obligor liable for all payments required to be made thereunder, without any setoff, counterclaim or defense for any reason whatsoever, subject only to the Obligor’s right of quiet enjoyment.
Risk of Loss. Seller shall retain the risk of loss to the Property by fire or other casualty until the Closing. If a loss in excess of $1,000,000 occurs prior to Closing, Purchaser may elect to either: (i) terminate this Agreement upon written notice to Seller, in which event the Xxxxxxx Money Deposit shall be immediately refunded to Purchaser and the parties released from all further obligations under this Agreement, except those obligations that expressly survive termination; or (ii) proceed with Closing, in which event Seller shall assign to Purchaser all of Seller’s rights to insurance proceeds payable in respect of such loss, not previously expended by Seller to repair the Property, including the sole right to settle or approve the settlement of any insurance claim, and the Purchase Price shall be reduced by the amount of any deductible and by the amount of any proceeds paid to Seller that are not used for repair and restoration of the Property. Purchaser shall have ten (10) days after receipt of notice of the casualty to notify Seller as to whether Purchaser elects to proceed with Closing. During such 10-day period, Seller shall cooperate and use commercially reasonable efforts to provide Purchaser with all information reasonably necessary to evaluate the loss. Seller shall notify Purchaser in writing within three (3) business days after any casualty occurs to all or any portion of the Property. Notwithstanding anything in this Section 11.2 to the contrary, Seller shall be permitted to take such action to mitigate and to restore any damage to the Improvements caused by fire or other casualty as Seller reasonably deems necessary to protect its interest, or otherwise as required of Seller under any deed of trust or mortgage encumbering the Real Property, and in such event, and notwithstanding subsection (ii) hereinabove, Seller shall be entitled to receive all insurance proceeds payable in connection with such mitigation and restoration after Seller’s payment of all deductibles in connection with such loss. In the event of any such loss is $1,000,000 or less, the parties shall proceed with the Closing as provided in (ii) hereinabove.
