Risk of Damage Sample Clauses
The 'Risk of Damage' clause defines which party is responsible for loss or damage to goods or property at various stages of a transaction or contract. Typically, it specifies the point at which the risk transfers from the seller to the buyer, such as upon delivery, shipment, or installation. For example, if goods are damaged during shipping, this clause determines whether the seller or buyer bears the loss. Its core function is to allocate risk clearly between parties, preventing disputes and ensuring both sides understand their responsibilities in the event of damage.
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Risk of Damage. Licensee may use the premises at its sole risk. The City shall not be liable to Licensee for any damage whatsoever in the event that Licensee’s use of the premises is impaired or terminated or in the event Licensee’s personal property is damaged or destroyed. Further, Licensee shall, to the fullest extent permitted by law, agree to defend, indemnify, pay on behalf of, and hold harmless the City of Ferndale, its elected and appointed officials, employees and volunteers and others working on behalf of the City of Ferndale against any and all claims, demands, suits, losses, including all costs and reasonable attorney fees, for any damages which may be asserted, claimed or recovered against or from the City of Ferndale which arise out of or is in any way connected or associated with this License Agreement or with Licensee’s (or its guests, customers or invitees) use of the premises.
Risk of Damage. The Subtenant acknowledges that all risk with respect to the Improvements and contents of the Subleased Premises during the Term will belong to the Subtenant. If during the Term any Improvements on or forming part of the Lands are damaged or destroyed whether in whole or in part by fire or any other cause (in this Article called the “Damaged Improvements”), this Sublease will not be determined and the Subtenant will not be entitled to surrender possession of the Subleased Premises or any part thereof or to any abatement or reduction of the Prepaid Rent.
Risk of Damage. Seller warrants that, at the time of closing or upon the granting of possession, Property will be in substantially the same condition as on the contract date, except for normal wear and tear, and changes made to the condition of the Property pursuant to the written agreement of Purchaser and Seller. If the property is destroyed or substantially damaged prior to closing, Seller shall promptly give notice to the Purchaser and provide Purchaser with information about the disposition of any insurance claim. Purchaser or Seller may terminate this contract within 14 days from receipt of such notice. If neither party terminates the contract, Seller shall restore the Property to substantially the same condition as on the contract date. The date of closing shall be extended to the earlier of 1 year from the original closing date or 7 days from the date of substantial restoration.
Risk of Damage. You assume the risks of Damage to any Product that has been delivered to your premises.
Risk of Damage. From and after the Execution Date, Section 22.5 of the Lease is hereby deleted in its entirety and replaced with the following:
Risk of Damage. The Homeowner acknowledges that all risk with respect to the Premises during the Term will belong to the Homeowner. If, during the Term, any Structures are damaged or destroyed by fire or any other cause (the "Damaged Structures"), this Agreement will not be terminated, none of the Homeowner's obligations hereunder will in any manner ▇▇▇▇▇ or be suspended, and the Homeowner will not be entitled to surrender possession of the Premises or any part thereof.
Risk of Damage. Renter shall bear the entire risk of damage or destruction to the Equipment from every cause whatsoever during the entire term of the Rental Agreement and thereafter, or until the Equipment is returned. In the event of damage or destruction to the Equipment, the Renter, at its own expense, shall at SPR’s sole option, either repair the Equipment or, if damaged beyond repair, pay SPR the then current manufacturer’s list price for the Equipment, plus an additional rental charge of six (6) weeks will apply due to loss, theft, and/or replacement.
Risk of Damage. All Tooling, while in Supplier's possession or control, will be held at Supplier's risk and will be kept insured by Supplier at Supplier's expense in an amount equal to the replacement cost, with loss payable to Dot Hill. Supplier shall provide Dot Hill with the certificate of insurance, upon request by Dot Hill.
Risk of Damage. The Contractor shall bear the full and complete responsibility for all risk of damage or loss of equipment, products, or money resulting from any cause whatsoever and shall not penalize MCC for any losses incurred in association with this Agreement. Any insurance policy or policies shall cover all foodservice operations within the four (4) primary MCC campuses and buildings as well as the students, faculty, and staff associated with the MCC- Business & Technology Campus, MCC-Penn Valley Health Science Institute, and MCC Administrative Center.
Risk of Damage. (a) Until the Closing has occurred, the Facilities will be and remain at the risk of MFI.
(b) If, prior to the Closing Date, any part of any Facility is destroyed or damaged by fire or other casualty (“Casualty Damage”), and such Facility is not capable of operating on substantially the same basis as it has been operating since January 1, 2012 (referred to herein as the Facility being “Operable”), MFI will deliver prompt written notice thereof to the Purchaser together with a certificate of MFI’s architect, engineer or other qualified professional consultant setting forth the estimated length of time to effect repairs to the Facility such that it is Operable and the estimated cost of such repairs.
(c) Within fifteen (15) days after receipt of such notice, the Purchaser shall deliver to MFI notice that either it: (i) elects to close notwithstanding the Casualty Damage, in which case, the provisions of Section 12.16(d) shall apply; or (ii) believes that such Casualty Damage constitutes a Material Adverse Effect (which, solely for purposes of the application of the condition to Closing set out in Section 6.3 to any Casualty Damage occurring during the Interim Period that renders a Facility not Operable, shall mean Casualty Damage resulting in Damages (including all lost profits arising out of, projected to arise out of, or related to the interruption of the operation of the Business) to the Business of $100,000,000 or more), that the condition to Closing set out in Section 6.3 will not be satisfied, and that the Purchaser will not waive such condition in respect of such Casualty Damage if it is not remedied prior to the Closing Date. For greater certainty, in the event that the notice required to be delivered by MFI to the Purchaser pursuant to clause (b) above is delivered less than fifteen (15) days before the scheduled Closing Date, the Closing Date shall be automatically extended to the end of such fifteen (15) day period.
(d) In the event that the Purchaser elects to close in accordance with Section 12.16(c)(i) above, MFI shall: (i) make a claim under its applicable insurance policies with respect to the Casualty Damage, be responsible for paying the deductible under such insurance policies in respect of such claim, and, at the Closing assign to the Purchaser the right to receive any insurance proceeds resulting from such claim to the extent such proceeds have not been received prior to Closing, credit any proceeds of such insurance received prior to Clo...