LOSS OR DAMAGE TO THE GOODS Sample Clauses

LOSS OR DAMAGE TO THE GOODS. 7.1 The Lessee shall notify the Lessor as soon as possible if any Goods are lost, stolen, destroyed, confiscated or damaged (the “affected Goods”). 7.2 If the affected Goods can be repaired, the Lessee shall immediately restore the Goods to the condition they were in before they were damaged. 7.3 The Lessor shall be entitled to receive all amounts which are payable by an insurer or other person as a result of an event described in clause 7.1 occurring. If the Lessee receives those amounts, the Lessee shall promptly remit the same to the Lessor, in pending such remittance, hold them on trust for the Lessor, provided that where the Lessee receives such amounts in respect of affected Goods which can be repaired, then it may apply such amounts against costs incurred in repairing the affected Goods in accordance with clause 7.2. 7.4 Upon the occurrence of any of the events described in clause 7.1 and which 7.2 does not apply, the Lessee shall pay the Lessor, on the next Payment Date after such event: a) any Rent Installment or other amount due and unpaid in respect of the affected Goods as of that Payment Date, but not any Rent Installment payable in advance; PLUS b) the Termination Value of the affected Goods determined as of that Payment Date; LESS c) any amounts received by the Lessor from an insurer or any other person as a result of such event. 7.5 Upon the Lessee making the payments referred to in clause 7.4, the Lease Agreement in relation to the affected Goods terminates. The Lessor will then notify the Lessee of the revised Rent Installment payable on the Goods not affected (if any) that are subject to that Lease Agreement. Such revised Rent Installment shall not exceed an amount calculated by determining the ratio of the original Purchase Price of the non-affected Goods to the original Purchase Price of all of the Goods listed on the relevant Goods Schedule, and multiplying that ratio by the Rent Installment. 7.6 In the event the Lessor receives proceeds from the Lessee or insurance or otherwise in respect of the affected Goods in excess of all amounts owed to Lessor under Section 7.4, the Lessor shall promptly pay such excess proceeds to the Lessee.
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LOSS OR DAMAGE TO THE GOODS. 7.1 Subject to the Contract and Commercial Law Act 2017 and any statutory provisions imposing liability in respect of the loss of or damage to the Goods (including but not limited to chilled, frozen, refrigerated, or perishable Goods): (a) Safefreight shall not be under any liability for any damage to, loss, deterioration, mis-delivery, delay in delivery or non- delivery of the Goods (whether the Goods are or have been in the possession of Safefreight or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the Goods or any other thing or matter, nor for any consequential or indirect loss, loss of market or consequences of delay; and (b) In addition to clause 7.1 (a) Safefreight shall be entitled to dispose of any Dangerous Goods which are found upon supply to Safefreight to not have a sufficient declaration or documentation or which are in or are likely to enter a dangerous state (including but not limited to, if Safefreight believes the Goods to be dangerous, flammable, or of a damaging nature), to avert the threat of harm to persons or property; and (c) The Customer will indemnify Safefreight against all claims of any kind whatsoever, howsoever caused or arising brought by any person in connection with any matter or thing done, said, or omitted by Safefreight in connection with the Goods. 7.2 Furthermore, it is the Customer’s responsibility to ensure that none of the Goods to be removed are left behind, that no Goods or fixtures are taken away in error and that articles left in unoccupied premises are protected.
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LOSS OR DAMAGE TO THE GOODS. 7.1 The Renter must notify the Owner as soon as possible if any Goods are lost, stolen, destroyed, confiscated or damaged to such an extent that repair of the Goods would be impractical or uneconomic (the “affected Goods”). 7.2 If any of the things in clause 7.1 occur, the Renter must replace the affected Goods with like goods approved by the Owner which have at least the same relative specifications which will then be the subject of this Rental Agreement. Any goods which replace the affected Goods will be deemed to become part of the Goods and the property of the Owner. 7.3 If the Goods are damaged and can be repaired (the “damaged Goods”), the Renter must immediately restore the Goods to Good Working Order and Condition. 7.4 Where the Renter has not complied with clauses 7.2 or 7.3: (a) the Owner is entitled to receive all amounts which are payable by an insurer or other person as a result of an event in clauses 7.1 or 7.3 occurring. If the Renter receives those amounts, it holds them on trust for the Owner; and (b) where the cost incurred by the Owner for the replacement of the affected Goods, or for the repair and restoration of the damaged Goods, is or will be in excess of any amounts received by, or held on trust for, the Owner pursuant to clause 7.4(a), the Renter must pay that difference to the Owner upon demand by the Owner.
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LOSS OR DAMAGE TO THE GOODS be with an insurer approved by us acting reasonably; note our interest as owners of the goods; and
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Related to LOSS OR DAMAGE TO THE GOODS

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Risk of Loss or Damage The Purchasing Entity is relieved of all risks of loss or damage to the goods or equipment during periods of transportation, and installation by the Contractor and in the possession of the Contractor or their authorized agent.

  • Damage to Equipment Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers.

  • Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

  • DAMAGE TO THE PROPERTY If the property is damaged, by fire or other casualty, after the Effective Date and before the Closing, the Seller will bear the risk of loss and the Buyer may cancel this Agreement without liability and the Escrow Money shall be returned to the Buyer. Alternatively, the Buyer will have the option of purchasing the Property at the agreed-upon Purchase Price and the Seller will credit the deductible, if any, and transfer to the Buyer at Closing any insurance proceeds or Seller's claim to any insurance proceeds payable for the damage. The Seller will cooperate with and assist the Buyer in collecting any such proceeds. The Seller shall not settle any insurance claim for damage caused by casualty without the consent of the Buyer.

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

  • Destruction or Damage (a) If the Premises or the portion of the Building necessary for Tenant’s occupancy is damaged by fire, earthquake, act of God, the elements of other casualty, Landlord shall, subject to the provisions of this Section, promptly repair the damage, if such repairs can, in Landlord’s opinion, be completed within (90) ninety days. If Landlord determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that if such damage is not the result of misconduct or willful misconduct of Tenant or Tenant’s agents, employees, contractors, licensees or invitees, the Base Rent shall be abated to the extent Tenant’s use of the Premises is impaired, commencing with the date of damage and continuing until completion of the repairs required of Landlord under Section 19. (b) If in Landlord’s opinion, such repairs to the Premises or portion of the Building necessary for Tenant’s occupancy cannot be completed within ninety (90) days, Landlord may elect, upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19. If Landlord does not so elect to make such repairs, this Lease shall terminate as to the date of such fire or other casualty. (c) If any other portion of the Building or Project is totally destroyed or damaged to the extent that in Landlord’s opinion repair thereof cannot be completed within ninety (90) days, Landlord may elect upon notice to Tenant given within thirty (30) days after the date of such fire or other casualty, to repair such damage, in which event this Lease shall continue in full force and effect, but the Base Rent shall be partially abated as provided in Section 19. If Landlord does not elect to make such repairs, this Lease shall terminate as of the date of such fire or other casualty. (d) If the Premises are to be repaired under this Section, Landlord shall repair at its cost any injury or damage to the Building and Building Standard Work in the Premises. Tenant shall be responsible at its sole cost and expense for the repair, restoration and replacement of any other Leasehold Improvements and Tenant’s Property unless damage was a result of Landlord’s willful negligence. Landlord shall not be liable for any loss of business, inconvenience or annoyance arising from any repair or restoration of any portion of the Premises, Building or Project as a result of any damage from fire or other casualty. (e) This Lease shall be considered an express agreement governing any case of damage to or destruction of the Premises, Building or Project by fire or other casualty, and any present or future law which purports to govern the rights of Landlord and Tenant in such circumstances in the absence of express agreement, shall have no application.

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Damage to Property Of Others 1. We will pay, at replacement cost, up to $1,000 per "occurrence" for "property damage" to property of others caused by an "insured". 2. We will not pay for "property damage": a. To the extent of any amount recoverable under Section I;

  • Damage to the Premises If the Premises shall, without fault or neglect on the part of Tenant, its agents, employees, invitees, customers or employees, be damaged or destroyed by fire or other casualty covered by standard policies of fire and extended coverage insurance and such damage or destruction (exclusive of Tenant’s leasehold improvements) could reasonably be repaired within ninety (90) working days from the happening thereof, then Landlord shall proceed with all reasonable speed to repair such damage or destruction, exclusive of Tenant’s leasehold improvements which shall be the sole responsibility of Tenant. If the Premises cannot reasonably be restored within said ninety (90) day period, then Landlord may, but shall not be required to, elect to restore the Premises. If Landlord does not elect to restore the Premises, then this Lease shall terminate as of the date of such damage or destruction and both parties shall be released from further liability hereunder, without prejudice, however, to any rights accruing to either party prior to the date of such damage or destruction. If Landlord elects or is required to restore the Premises and promptly commences and thereafter diligently pursues such restoration, then this Lease shall not terminate, notwithstanding that the actual time required for such repairs or restoration may exceed that contemplated by the parties and Tenant shall be entitled to a temporary reduction in Fixed Minimum Rent, as determined by Landlord, corresponding to the time during which and that portion of the Premises of which Tenant is deprived of possession on account of such damage or destruction or the repair or restoration thereof undertaken by Landlord. Notwithstanding the foregoing, Landlord shall have the right to receive the full amount of the proceeds of any business interruption insurance for the undiminished Fixed Minimum Rent and there shall be no reduction in Fixed Minimum Rent if such damage or destruction was the result of the fault or neglect of Tenant, its agents, employees, invitees, customers and employees. Notwithstanding anything in this Lease to the contrary, Landlord shall not be obligated to repair the Premises and Landlord shall have the right to terminate this Lease if the Premises are substantially damaged or destroyed by fire or any other cause during the last two (2) years of the term of this Lease or if the Building (whether or not Premises are damaged or destroyed) or the Common Areas are substantially destroyed by fire or other cause. If the damage or destruction of the Premises is so minor that the Premises remain fit for occupancy, then Landlord shall repair such damage or destruction as promptly as reasonably possible and there shall be no abatement of Fixed Minimum Rent as a result thereof.

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