Risk and Loss. The Service Provider shall be responsible for risk of loss of, and damage to, any assets, equipment and/or tools in its possession or under its control. Any such items in the possession or control of the Service Provider’s Sub-contractors or agents shall be deemed to be under the control of the Service Provider.
Risk and Loss. OPERATOR assumes the entire risk of loss from any and every cause whatsoever of the vehicles in the event of loss, which shall be determined by the COUNTY in COUNTY’s sole discretion. OPERATOR shall be responsible for repairing all damage to the vehicles while in their possession.
Risk and Loss. Reseller understands and agrees that all risk of loss passes to Reseller with each purchase. Reseller understands and agrees that 0XxxxxxXxxxx.xxx, LLC is not liable to Reseller for any loss of, damage to, or inability to sell. Trade Practices. Reseller at no time shall engage in any unfair trade practices or false or misleading representations with respect to 0XxxxxxXxxxx.xxx, LLC and its manufacturers. Reseller shall refrain from communicating any information with respect to guarantees or warranties regarding Products, except what is made public and published from the manufacturer. Reseller shall not use 0XxxxxxXxxxx.xxx,LLC’s and/or its Manufacturers’ trade names or trademarks or any names closely resembling same as part of Reseller's corporate or business name, or in any manner which 0XxxxxxXxxxx.xxx,LLC, in its sole discretion, may consider misleading or otherwise objectionable. Reseller must use fair payment and collection practices when obtaining funds dues from end user. Minimum Sales Target Reseller commits to a monthly consecutive sales target which will be established by Reseller and their 0XxxxxxXxxxx.xxx, LLC Account Manager. The total sales required to reach this target is not limited to individual product lines, but may be accumulative. In the event Reseller is qualified as a “Systems Integrator, the Reseller commits to a quarterly sales goal as established by their Account Manager. Xxxxxxxx is responsible to communicate any challenges that arise in meeting their target to their Account Manager as soon as possible. If a prolonged period of purchasing inactivity surpasses on Reseller’s account or Reseller is unable to reach their sales target as designated and/or adjusted by their Account Manager, Reseller’s account will be deactivated by 0XxxxxxXxxxx.xxx, LLC. Reseller will relinquish all privileges and access to products represented on the 1SourceVideo line card. A reseller in this status may reapply on a future date they deem their company can sustain active account status and growth. Applications received from Resellers in this status are not guaranteed approval. Resellers who are terminated by 0XxxxxxXxxxx.xxx, LLC are not eligible to re-apply post termination.
Risk and Loss. 1 The Parties at the beginning of each Year shall draft and coordinate the schedules of the planned overhauls as well as the services for the plant and the electricity connections and equipments of OSHEE company.
Risk and Loss. By accepting our Order the Seller agrees to indemnify the Purchaser against all suits, costs and expenses in respect of any bodily injury to persons and/ or loss of or damage to property, actual infringement of any letters, patent, trademarks or process of manufacture in respect of the articles hereby ordered. If a judgement of a court competent jurisdiction is obtained in respect of any such infringement the purchaser may forthwith cancel our contract. All our property such as mentioned hereof must be fully insured by the acceptor of our purchase order against all risk of whatsoever nature until they have been received back by us.
Risk and Loss. Any risk and loss with respect to the Property shall remain with the Seller until Closing. In the event that any action or proceeding is filed (or notice of such action or proceeding given) under which all of the Property or any portion thereof may be taken under the right of eminent domain, then Purchaser shall have the option of either: (i) cancelling this Agreement or (ii) closing as provided herein except that Seller shall at Closing assign to Purchaser all of Seller's interest in any proceeds received or which may be received by reason of such taking and Purchaser shall take title to the Property subject to such condemnation proceedings. In the event that all or any portion of the building on the Property is damaged by fire or other casualty and is not restored or repaired, then Purchaser shall have the option of: (i) cancelling this Agreement, or (ii) closing as provided herein except that Seller shall at Closing assign to Purchaser all of Seller's interest in any and all insurance proceeds received or receivable by reason of such casualty.
Risk and Loss. All risk of loss or damage to the Equipment shall be borne by ALIGN, unless such loss or damage results from a breach of IMS' obligations under Sections 4 and 6. The Equipment shall be covered by insurance as provided for in the Shelter Agreement. Except as otherwise set forth in the Shelter Agreement, IMS further agrees and acknowledges that with respect to the making of repairs and, subject to the reimbursement and other provisions of the Shelter Agreement: ALIGN/IMS Shelter Agreement Annex 1 to Exhibit "C"
Risk and Loss. 10.1 The Parties at the beginning of every Year shall draft (prepare) and shall coordinate the maintenance programs planned and even the maintenance work for the plant and the power connection lines and devices of the Distribution System.
