Limited Damage Waiver Sample Clauses

Limited Damage Waiver. Lessor may, in its sole discretion, offer a "Limited Damage Waiver" ("LDW") to Customer. LDW is NOT INSURANCE and does not relieve Customer of its insurance obligations herein, LDW is valid only if (a) the Equipment is used in full compliance with this Agreement; (b) Customer accepts LDW at the beginning of the rental; and (c) Customer pays the additional charges for LDW. Acceptance of LDW, and all the terms and conditions contained therein, shall be established by Customer initialing LDW Acceptance on the Front. If LDW is provided as set forth above, Lessor agrees to limit, to the extent specified herein, Customer's responsibility to Lessor for damage to the Equipment to 50% of the replacement cost of the Equipment. In the event that LDW charges are not paid as specified in this Agreement, then THE LDW WILL NOT BE IN EFFECT regardless of LDW Acceptance on the Front, and Customer remains fully liable for any and all damage to the Equipment.
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Limited Damage Waiver. 4.3 If it has been indicated in the Hire Agreement that the Limited Damage Waiver will apply for the Equipment (or if no selection of Insurance Option 1 or Option 2 has been made), then:
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Limited Damage Waiver. Notwithstanding anything to the contrary in the Terms and Conditions, you may purchase from Golf Club Rental Express a release of liability for any damage, loss, theft, or failure to return for one (1) item of rented Golf Equipment (“Limited Damage Waiver”) at any time prior to beginning of the Rental Period. If you purchase a Limited Damage Waiver, no fee or cost will be charged to you for any single damaged, lost, stolen, or not returned item of Golf Equipment to which the Limited Damage Waiver applies. If more than one (1) item of rented Golf Equipment is damaged, lost, stolen, or not returned to Golf Club Rental Express, the Limited Damage Waiver shall apply to that item with the lowest replacement value or repair cost and you agree to be responsible for the cost (a) to repair all remaining damaged items of Golf Equipment or (b) for the Stipulated Loss Value, as indicated at the time you enter into the Golf Equipment Rental Agreement, or, if a Stipulated Loss Value is not provided, the replacement value of the Golf Equipment, whichever is less. The applicable fee for any Limited Damage Waiver will vary depending on leased Golf Equipment.
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Limited Damage Waiver. 9.1 Subject to these Terms, EZY Rental reserves its rights to make a Claim against the Renter in relation to loss of or damage to rented Equipment (Damage Claim).
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Limited Damage Waiver. If the Equipment is used with Lessor’s permission and in compliance with all the terms of this Agreement and Lessee accepts the “Limited Damage Waiver” (“LDW”) option in this Agreement at the time of lease and pays the additional charges specified therefor, then Lessor agrees to waive certain obligations Lessee owes to Lessor, subject to the exceptions set forth in this paragraph. If the LDW is accepted, Lessor waives Lessee’s obligation to pay for that portion of damage to Equipment over and above the larger of the following amounts: (a) $1,000 per item of Equipment; or (b) 100% of the monthly lease charge in effect on the date the Agreement is entered in to, per item of Equipment, without regard to the lease period of this Agreement. HOWEVER, EVEN IF THE LESSEE ACCEPTS THE LDW PURSUANT TO THE TERMS OF THIS PARAGRAPH, XXXXXX DOES NOT WAIVE LESSEE’S OBLIGATIONS TO LESSOR IF THE EQUIPMENT IS LOST OR DAMAGED IN A MANNER ASSOCIATED WITH ANY OF THE FOLLOWING CIRCUMSTANCES; (1) improper coupling or improper loading or unloading of Equipment, including boom damage from overloading of a boom; (2) riot, strike or other civil commotion; (3) striking overhead objects with the Equipment; (4) reckless or abusive use or operation of the Equipment; (5) transportation of equipment; (6) damage to tires or tools; (7) nuclear reaction, nuclear radiation or radioactive contamination; (8) rollover or upset of Equipment; (9) vandalism, malicious mischief, theft, conversion, or disappearance of Equipment; (10) Lessee’s failure to perform the basic maintenance of the Equipment; (11) Lessee’s failure to secure the Equipment by not reasonably restricting access to the Equipment; (12) use or operation of the Equipment by someone other than a qualified person listed in paragraph 7.
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Limited Damage Waiver. Customer acknowledges that the Company's policy on limited damage waiver was explained at the time of entering into this Agreement. A copy of the policy is available at all branches of the Company and is available upon request. Customer acknowledges that it is responsible for the Equipment and that any limited damage waiver entered into is not insurance.
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Limited Damage Waiver. You may purchase a limited damage waiver from UMR at the cost of 12% of the cost of the rental or $25, whichever is greater. Damages shall be assessed by UMR and the waiver applied at the sole discretion of UMR. The limited damage waiver covers damages as described in the subparagraphs of this paragraph 5, including the following:
Sample 1
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Related to Limited Damage Waiver

  • Exclusion of Consequential and Related Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  • Limitation of Liability and Damages NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bring, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purpose.

  • 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.

  • Limitation of Remedies and Damages In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

  • Limitation of Liability; Jury Trial Waiver You agree that neither DES nor any of its employees, officers, directors, affiliates, agents, or subcontractors of any type or tier (collectively, the DES Parties) will be liable for any damages or claims of any kind or nature for matters within the control of your DSP or the retail transmission organization controlling the electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. The DES Parties will not be responsible for any failure to commence or terminate power and energy service on the date specified herein due to any failure or delay in enrolling you with the DSP. The DES Parties’ liability will be limited to direct actual damages only up to the amount of your single largest monthly invoice for Retail Power during the preceding 12 months. In no event will the DES Parties be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Agreement. BOTH YOU AND DES AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

  • Additional Indemnity Provisions A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS’ FEES.

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