Common use of RISK OF LOSS OR DAMAGE Clause in Contracts

RISK OF LOSS OR DAMAGE. Vendor and its insurers agree at a minimum to assume all risks of loss and damage to the Product(s) during transportation except for loss or damage caused by the gross negligence of Customer, any other participating BOCES, and/or any school district Licensee. Vendor assumes all risks for injuries to or death of its employees and for damage to its tangible property, excluding damage to data, while on the premises of, or traveling to or from, facilities of Customer, any other participating BOCES, and/or any school district Licensee. Vendor shall provide assistance to recover or resolve any damaged data to the reasonable satisfaction of Customer, any other participating BOCES, and/or any school district Licensee.

Appears in 5 contracts

Samples: License and Service Agreement, Master License and Service Agreement, Master License and Service Agreement

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RISK OF LOSS OR DAMAGE. Vendor and its insurers agree at a minimum to assume all risks of loss and damage to the Product(s) during transportation except expect for loss or damage caused by the gross negligence of Customer, any other participating BOCES, and/or any school district Licensee. Vendor assumes all risks for injuries to or death of its employees and for damage to its tangible property, excluding damage to data, while on the premises of, or traveling to or from, facilities of Customer, any other participating BOCES, and/or any school district Licensee. Vendor shall provide assistance to recover or resolve any damaged data to the reasonable satisfaction of Customer, any other participating BOCES, and/or any school district Licensee.. Vendor will be required to procure and maintain at its own expense, the following insurance coverage:

Appears in 3 contracts

Samples: License and Service Agreement, License and Service Agreement, License and Service Agreement

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