Third Party Damages Clause Samples

Third Party Damages. Resolve third-party damage or other claims in accordance with Section 4. 6 below.

Third Party Damages. 6.3.1 Seller shall not be liable for costs incurred for repair and/or replacement of Terminal Equipment that fails or becomes inoperative due to negligence on the part of a user other than Seller or Seller’s employees or contractors, liquid intrusion not caused by the negligent or intentional acts or omissions by Seller or Seller’s employee or contractors, lightning damage, installations or removals performed by third parties not employed or 6.3.2 Seller shall not be liable for costs incurred for correcting, replacing or repairing equipment damaged and/or data corruption induced and/or caused by third party personnel not hired by Seller to perform such correction, replacement, or repair or other equipment/systems not provided by or under the direction of Seller.

Third Party Damages. The Company shall not be responsible for damage to Owner, municipal or private property caused by third parties other than the employees, subcontractors, or agents of the Company. In the event of property damage caused by third parties, the Owner may request the Company to repair the damage. The Owner shall reimburse the Company for all costs associated with such repair activities for damages caused by third parties other than the employees, subcontractors, or agents of the Company plus ten percent 10(%). Documentation of the third party damage will be provided in the form of identification of the third party, cost breakdown, and photograph if available.

Third Party Damages. Should Componenta become liable to compensate a third party due to damages or loss suffered by such third party, the Customer shall compensate Componenta for any such damages, to the extent Componenta’s liability is excluded as set out in these General Terms or otherwise attributable to the Customer. If a party receives a claim for damages by a third party, the receiving party shall immediately notify the other party thereof.

Third Party Damages. In the case of a Third Party Damages, within ------------------- ten days of receipt of a Notice of Damages, the Representative may, by written notice to Interwoven, elect to, at its own expense, participate in or assume control of the negotiation, settlement or defense of the Damages and, in such event, the Representative shall reimburse Interwoven for all of Interwoven's reasonable out-of-pocket expenses as a result of such participation or assumption. If the Representative elects to assume such control, Interwoven shall have the right to participate in the negotiation, settlement or defense of such Third Party Damages and to retain counsel to act on its behalf, provided that the fees and disbursements of such counsel shall be paid by Interwoven unless the Representative consents to the retention of such counsel at its expense. If the Representative, having elected to assume such control, thereafter fails to defend the Third Party Damages within a reasonable time, Interwoven shall be entitled to assume such control and the Representative shall be bound by the results obtained by Interwoven with respect to such Third Party Damages. If Interwoven, the Representative or any other party makes a payment, resulting in settlement of the Third Party Damages, which precludes a final determination of the merits of the Third Party Damages and Interwoven and the Representative are unable to agree whether such payment was unreasonable in the circumstances having regard to the amount and merits of the Third Party Damages, then such dispute shall be referred to and finally settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association ("AAA") then in effect, in San Mateo County, California, by a single arbitrator chosen by the AAA, from which there shall be no appeal.

Third Party Damages. The Lessee shall indemnify the Lessor to the extent that the Lessor is held liable to a third party for loss or damage caused by the Equipment to fixed or loose property.

Third Party Damages. During the mortgage term, any damages as a result of decrease in value of the mortgaged objects by reason of the act of any third party shall be paid to the account named by Party B. In respect of the said damages, Party A agrees Party B is entitled to take any of the following steps and agrees to provide reasonable assistance in undergoing related formalities: 8.1 Applied to repay or pay the principal of and accrued interest on the loan hereunder, as well as any other expenses in relation thereto; 8.2 Changed into term deposit and the deposit certificate is provided as the pledge; 8.3 Applies to repair the mortgaged objects for purpose of reinstating the value thereof upon consent of Party B; 8.4 Lodged with a third party as appointed by Party B; 8.5 Make free disposal of the damages upon provision by Party A of any new guaranty as required by Party B. During the mortgaged term, Party A shall provide another guaranty acceptable to Party B in case that the value of the mortgaged objects is less than the principal of and accrued interests on the loan, as well as any other expenses incurred in respect hereunder. The remaining value of the mortgaged objects shall be deemed part of the guarantee for the debts.

Third Party Damages. WRA shall resolve and pay for all costs resulting from damages to CSIP and SRDF facilities caused by third parties and not covered by insurance maintained by either WRA or PCA. If such damages are caused by a grower who is being served by the CSIP, WRA shall determine whether the associated costs are to be recovered from the grower, or are to be absorbed by WRA, but in no case shall PCA have any cost or other liability with regard to repairing said damages, except that WRA may request PCA to make necessary repairs and reimburse PCA for all costs associated therewith. The budget for the CSIP does not include any amounts for making such repairs, and WRA shall fund the cost of such repairs outside of this Water Recycling Agreement.