Damages and Loss Sample Clauses

Damages and Loss. If the Facilities incur any loss or damage as a result of the User’s use, User’s negligence or willful conduct or that of the User’s employees, agents or invitees, the College will repair and/or replace damaged or lost property as required to restore it to its condition before the damage or loss, and will invoice the User for the cost, due and payable upon receipt. The User is deemed to have accepted the Facilities and other College resources described here in the condition existing as of the date of this Agreement, except for only latent, undisclosed defects of which the College had knowledge.
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Damages and Loss. If the Center, including without limitation the Parking lot and/or the Restrooms, or any contents of the Center (including without limitation furniture, equipment, kitchen equipment, tools and/or fixtures) shall be damaged by the act, default, or negligence of Renter; or by Renter’s agents, employees, guests, licensees, contractors, invitees; or by any person admitted to the Center by Renter; or by any person at the Center during Renter’s event, Renter shall immediately pay to the Center upon demand such sums as shall be necessary to restore the Center; Parking lot; Restrooms; or the contents of the Center; to their present condition save for ordinary wear and tear. Renter assumes full responsibility for the character, acts, and conduct of all persons admitted to the Center by the consent of Renter; or by or with consent of any person acting for or on behalf of Renter; or by or with consent of Renter’s agents, employees, guests, licensees, contractors, or invitees; or of all persons at the Center during Renter’s event. All property and/or equipment at the Center during Renter’s use of the Center that shall become damaged, lost, stolen, or otherwise disappear shall be the sole responsibility of Renter. Renter shall be responsible to immediately pay the full replacement costs, less the depreciated value of the property and/or equipment, to the Center. Renter shall promptly notify the Center of any damage or loss to the Center, Parking lot, Restrooms, or the contents of the Center; or of any incident or injury to any person while at the Center or Parking lot or Restrooms.
Damages and Loss. 1. Licensee is responsible for any loss or damage to a licensed resource as a result of Licensee's negligence or that of its guest(s). The University will repair and/or replace damaged or lost property to restore it to the condition it was in prior to such damage or loss, and will invoice Licensee for costs incurred.
Damages and Loss. Upon conclusion of the event, University facilities and equipment will be checked for any damages or loss. The Caterer is responsible for full repair and replacement including the reasonable costs to secure the replacement or repair of any items damaged or lost due to the actions of the Caterer. This includes indoor and outdoor facilities, driveways and lawns.
Damages and Loss. RLC packages its shipments in a manner sufficient to ensure that its contents are delivered in good and undamaged condition and in accordance with standard guidelines. Contemporaneous with the carrier’s pick-up of the products at RLC’s warehouse, all responsibility for delivering the products intact and undamaged to Buyer rests with the carrier and not with RLC. All shipments should be inspected upon receipt at Buyer’s destination for visible or concealed damage. Claims for loss or damage should be filed with the carrier immediately. A concealed damage claim against the carrier is required when damage is not externally visible. RLC will assist insofar as is practical in securing satisfactory adjustment of claims; however, all claims for loss and damage must be made by Buyer against the carrier.
Damages and Loss. In the event the resources licensed hereunder incur any loss or damage as a result of Licensee's negligence or that of guest(s) of Licensee, the University shall make the repairs and/or replacement of damaged or lost property required to restore it to the condition it was in prior to such damage or loss, and shall provide Licensee with an invoice representing the costs to the University of making said repairs and/or replacement. Said invoice is due and payable upon receipt. Licensee is deemed to have accepted the resources in the condition existing prior to the effective date of this license, excepting therefrom latent, undisclosed defects of which University had knowledge but did not disclose to Licensee at the time of use. Licensee is not liable for losses or damages to the premises due to the sole negligence of the University. Licensee will be responsible for a key and lock core replacement charge of $85.00 for each key lost or not returned at the conclusion of the conference/event.
Damages and Loss. Lessee has inspected and assumes the entire risk of loss or damage to the Equipment unless loss or damage is a direct result or defect of Equipment prior to the execution of this Lease. In the event of loss due to Lessee’s negligence, Lessee shall have the option to exercise one of the following remedies:
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Damages and Loss. Encore Home Furnishings makes every effort to do its best to protect consigned item(s) from damages, loss, or theft. Consignor further agrees and holds harmless Encore Home Furnishings from any liability for due cause for any/all damages, loss, or theft, whereas may be due to actions of others. Additionally, whereas, item(s) always remain the property of consignor, Encore Home Furnishings understands that the consignor assumes the risk of loss, damages or theft of those item(s) and those item(s) are insured through the consignor’s own insurance policy.

Related to Damages and Loss

  • Consequential Damages Waiver NEITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.

  • 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).

  • Damages; Attorneys Fees Nothing contained herein shall be construed to prevent the Company or the Executive from seeking and recovering from the other damages sustained by either or both of them as a result of its or his breach of any term or provision of this Agreement. Each party shall bear its own costs and attorneys’ fees.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • No Special Damages In no event shall either party be liable hereunder (whether in an action in negligence, contract or tort or based on a warranty or otherwise) for any indirect, incidental, special or consequential damages incurred by the other party or any third party, even if the party has been advised of the possibility of such damages.

  • 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.

  • 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.

  • Certain Damages In the event that Landlord does not elect to terminate this Lease as permitted in subsection (a) of Section 25.02, but on the contrary elects to take possession as provided in subsection (b) of Section 25.02, Tenant will pay to Landlord: (a) Base Monthly Rent and other sums as provided in this Lease, which would be payable under this Lease if such repossession had not occurred, less (b) the net proceeds, if any, of any reletting of the Demised Premises after deducting all Landlord’s reasonable expenses in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, reasonable attorneys’ fees, expenses of employees, reasonable alteration and repair costs and expenses of preparation for such reletting. If, in connection with any reletting, the new lease term extends beyond the existing Term, or the premises covered by such new lease include other premises not part of the Demised Premises, a fair apportionment of the rent received from such reletting and the expenses incurred in connection with such reletting as provided in this Section will be made in determining the net proceeds from such reletting, and any rent concessions will be equally apportioned over the term of the new lease. Tenant will pay such rent and other sums to Landlord monthly on the day on which the Base Monthly Rent would have been payable under this Lease if possession had not been retaken, and Landlord will be entitled to receive such rent and other sums from Tenant on each such day.

  • INDEMNIFICATION AND PAYMENT OF DAMAGES BY BUYER Buyer will indemnify and hold harmless Sellers, and will pay to Sellers the amount of any Damages arising, directly or indirectly, from or in connection with (a) any Breach of any representation or warranty made by Buyer in this Agreement or in any certificate delivered by Buyer pursuant to this Agreement, (b) any Breach by Buyer of any covenant or obligation of Buyer in this Agreement, or (c) any claim by any Person for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by such Person with Buyer (or any Person acting on its behalf) in connection with any of the Contemplated Transactions.

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