TOTAL OR CONSTRUCTIVE TOTAL LOSS Sample Clauses

TOTAL OR CONSTRUCTIVE TOTAL LOSS. It is hereby understood and agreed that in the event of a total or constructive total loss of any item of property insured during the Period of Insurance specified in the Schedule and the loss is paid by Underwriters then the total premium for that property shall be considered to be fully earned. This endorsement shall not apply where State Law or any Premium Finance Agreement would be violated or infringed. Constructive total loss shall be defined as "loss where the cost of recovery and repair would exceed the Limit of Liability shown in the Schedule of the actual cash value (whichever is the lesser amount)". LSW546 TOWING AND STORAGE EXTENSION Sub-limit USD 5,000 any one loss. In the event of total loss, the sub-limit is payable in addition to the sum insured of any one vehicle / combination. SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure:
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TOTAL OR CONSTRUCTIVE TOTAL LOSS. If the drilling rig utilized by Contractor for operations hereunder is for whatever cause declared a total or constructive total loss, then the "Contract" between the parties which had been completed by acceptance of the Drilling Order shall be terminated without notice as of the moment of such loss and no further payments shall be due under the "Contract". TOFF shall remain liable for all costs incurred and outstanding under the "Contract" before the moment of such loss. Contractor shall be liable for salvage or debris removal as set out in either this Agreement or the Drilling Order.
TOTAL OR CONSTRUCTIVE TOTAL LOSS. We agree to pay you up to the limit for the Insured Houseboat Floatation System Vessel as shown on the Declarations Page and we have the right to the remaining Insured Property. There shall be no recovery unless all said property Houseboat Floatation System is lost absolutely or unless the expense of recovering and repairing the Insured Property Houseboat Floatation System shall exceed the amount stated on the Declarations Page. We reserve the right to repair or replace the Insured Property. In the event of a total loss or constructive total loss, this policy will automatically terminate immediately thereafter. The premium will be fully earned and no refund will be available.
TOTAL OR CONSTRUCTIVE TOTAL LOSS. It is agreed that in the event of a total or constructive total loss we will pay the stated amount on file of the model having square foot area closest to that of the damaged property. If the damaged property is outside the United States, a cost per square foot will be calculated for the model having the square foot area closest to that of the damaged property. The cost per square foot will be adjusted by the Hanscomb/Means International Construction Cost Index for the country where loss occurs and the adjusted per square foot cost will be multiplied by the actual square foot area of the damaged property. “
TOTAL OR CONSTRUCTIVE TOTAL LOSS. It is hereby understood and agreed that in the event of a total or constructive total loss of any item or property insured during the Period of Insurance specified in the Schedule and the loss is paid by the Underwriters, then the total premium for that property shall be considered fully earned. This Endorsement shall not apply where State Law or any Premium Finance Agreement would be violated or infringed. Constructive Total Loss shall be defined as “Loss where the cost of recovery and repair would exceed the Limit of Liability shown in the Schedule or the actual cash value (whichever is the lesser amount)”. LSW546 VANDALISM & MALICIOUS MISCHIEF EXTENSION It is hereby understood and agreed that Section E is extended to include loss or damage caused by vandalism and/or malicious mischief. LSW530
TOTAL OR CONSTRUCTIVE TOTAL LOSS. We agree to pay you the agreed value as shown on the Declarations Page and we have the right to the remaining Insured Property. There shall be no recovery unless all said property is lost absolutely or unless the expense of recovering and repairing the Insured Property shall exceed the amount stated on the Declarations Page. Our liability will be the lesser of the amount shown on the Declarations Page; or the amount necessary to repair or replace the vessel.
TOTAL OR CONSTRUCTIVE TOTAL LOSS. In the event of a total or construction total loss, we agree to pay you the limit for the Insured Vessel as shown on the Declarations Page and we have the right to the remaining Insured Property. There shall be no recovery unless all said property is lost absolutely or unless the expense of recovering and repairing the Insured Property shall exceed the amount stated on the Declarations Page. We reserve the right to repair or replace the Insured Property. In the event of a total loss or constructive total loss, this policy will automatically terminate immediately thereafter. The premium will be fully earned and no refund will be available.
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TOTAL OR CONSTRUCTIVE TOTAL LOSS. It is hereby understood and agreed that in the event of a Total or Constructive Total Loss of any item of property insured during the Period of I0nsurance specified in the Schedule and the loss is paid by Underwriters then the total premium for that property shall be considered to be fully earned. This Endorsement shall not apply where State Law or any Premium Finance Agreement would be violated or infringed. Constructive Total Loss shall be defined as "loss where the cost of recovery and repair would exceed the Limit of Liability shown in the Schedule or the actual cash value (whichever is the lesser amount)". 01/93 LSW546 DRAFT

Related to TOTAL OR CONSTRUCTIVE TOTAL LOSS

  • Substantial or Total Destruction If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property is greater than partial damage as described in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, Landlord may elect to rebuild the Property at Landlord's own expense, in which case this Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (30) days after Tenant's notice of the occurrence of total or substantial destruction. If Landlord so elects, Landlord shall rebuild the Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

  • TOTAL OR PARTIAL TAKING If all or a material portion of the Premises is taken by any lawful authority by exercise of the right of eminent domain, or sold to prevent a taking, either Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to the authority. In the event title to a portion of the Building or Project, other than the Premises, is taken or sold in lieu of taking, and if Landlord elects to restore the Building in such a way as to alter the Premises materially, either party may terminate this Lease, by written notice to the other party, effective on the date of vesting of title. In the event neither party has elected to terminate this Lease as provided above, then Landlord shall promptly, after receipt of a sufficient condemnation award, proceed to restore the Premises to substantially their condition prior to the taking, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises of which, Tenant is deprived on account of the taking and restoration. In the event of a taking, Landlord shall be entitled to the entire amount of the condemnation award without deduction for any estate or interest of Tenant; provided that nothing in this Section shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any award against the taking authority for, the taking of personal property and fixtures belonging to Tenant or for relocation or business interruption expenses recoverable from the taking authority.

  • Admission of a Substitute or Additional General Partner A Person shall be admitted as a substitute or additional General Partner of the Partnership only if the following terms and conditions are satisfied:

  • Change in Ownership of a Substantial Portion of the Company’s Assets A change in the ownership of a substantial portion of the Company’s assets which occurs on the date that any Person acquires (or has acquired during the twelve (12) month period ending on the date of the most recent acquisition by such Person or Persons) assets from the Company that have a total gross fair market value equal to or more than fifty percent (50%) of the total gross fair market value of all of the assets of the Company immediately prior to such acquisition or acquisitions; provided, however, that for purposes of this subsection (c), the following will not constitute a change in the ownership of a substantial portion of the Company’s assets: (i) a transfer to an entity that is controlled by the Company’s stockholders immediately after the transfer, or (ii) a transfer of assets by the Company to: (A) a stockholder of the Company (immediately before the asset transfer) in exchange for or with respect to the Company’s stock, (B) an entity, fifty percent (50%) or more of the total value or voting power of which is owned, directly or indirectly, by the Company, (C) a Person, that owns, directly or indirectly, fifty percent (50%) or more of the total value or voting power of all the outstanding stock of the Company, or (D) an entity, at least fifty percent (50%) of the total value or voting power of which is owned, directly or indirectly, by a Person described in this subsection (c)(ii)(C). For purposes of this subsection (c), gross fair market value means the value of the assets of the Company, or the value of the assets being disposed of, determined without regard to any liabilities associated with such assets. For purposes of this definition, persons will be considered to be acting as a group if they are owners of a corporation that enters into a merger, consolidation, purchase or acquisition of stock, or similar business transaction with the Company. Notwithstanding the foregoing, a transaction will not be deemed a Change in Control unless the transaction qualifies as a change in control event within the meaning of Section 409A. Further and for the avoidance of doubt, a transaction will not constitute a Change in Control if: (x) its sole purpose is to change the jurisdiction of the Company’s incorporation, or (y) its sole purpose is to create a holding company that will be owned in substantially the same proportions by the persons who held the Company’s securities immediately before such transaction.

  • Total Loss An Event of Loss shall occur resulting in the actual or constructive total loss of the Vessel or the agreed or compromised total loss of the Vessel and the proceeds of the insurance in respect thereof shall not have been received within 150 days of the event giving rise to such Event of Loss; or

  • MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES Except for any liquidated damages agreed to by the parties to this Agreement related to an unexcused termination of this Agreement, under no circumstances will either party be liable to the other party for special or punitive damages, or consequential loss or damage, or any loss of profits, goodwill, business opportunity, business, or revenue or anticipated savings, in relation to this Agreement, whether or not the relevant loss was foreseeable, or the party was advised of the possibility of such loss or damage or that such loss was in contemplation of the other party.

  • High Degree of Risk The Purchaser understands that its agreement to purchase the Forward Purchase Securities involves a high degree of risk which could cause the Purchaser to lose all or part of its investment.

  • Substantial Damage Upon the occurrence of Substantial Damage (as hereinafter defined) to the Property after the Effective Date and before the Closing Date, Seller shall promptly deliver notice thereof to Purchaser, and Purchaser may, at its option, either (a) terminate this Agreement by written notice thereof given to Seller and Escrow Agent within fifteen (15) days after receipt of notice from Seller as to such Substantial Damage, whereupon the Deposit will be returned to Purchaser, and the parties shall have no further obligations under this Agreement, except for those which expressly survive any termination of this Agreement, or (b) proceed to close the transaction contemplated herein without any delay pursuant to the terms hereof, in which event Seller shall deliver to Purchaser at the Closing, or as soon as available, any insurance proceeds actually received by Seller and attributable to the Property damaged by such casualty (other than on account of business or rental interruption relating to the period prior to Closing but including all business or rental interruption relating to the period on or after Closing), shall assign to Purchaser any right it may have to receive insurance proceeds attributable to the Property damaged by such casualty (other than on account of business or rental interruption relating to the period prior to Closing but including all business or rental interruption relating to the period on or after Closing), and Purchaser shall receive a credit against the Purchase Price in the amount of the deductible. If Purchaser has not terminated this Agreement due to the Substantial Damage, Seller shall timely file and process a claim respecting the Substantial Damage with its insurer, but shall not settle or adjust the claim without obtaining Purchaser’s approval, which shall not be unreasonably withheld, delayed or conditioned. For purposes of this Agreement, “Substantial Damage” shall mean any casualty or loss resulting in a repair expense in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) or any damage which results in the Franchisor refusing to enter into the New Franchise Agreement. If the Scheduled Closing Date is less than the full fifteen (15) day period for Purchaser to make its determination of whether to terminate or close, the Scheduled Closing Date shall be extended to five (5) business days after expiration of the full fifteen (15) day period.

  • Basis for Determining Interest Rate Inadequate or Unfair In the event that Agent or any Lender shall have determined that:

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

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