Damage Waiver Program Sample Clauses

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Damage Waiver Program. 1. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ shall make reasonable efforts to protect and preserve the rental property from loss or damage while in the rental program. For this reason, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ has instituted a damage waiver program for accidental damages reported by renter prior to departure. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ shall, at its expense, replace any items that are identified as lost or damaged due to renter or occupants, up to an aggregate total of the current replacement limit. This program does not cover items that are worn or depleted from normal use by renters.
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Damage Waiver Program. The Damage Waiver Program is not insurance and does not protect you for liability to others or Lessor.
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Damage Waiver Program. Lessee elects to participate in the Lessor's Damage Waiver Program. ▇▇▇▇▇▇ understands and agrees that under this program, the Lessor waives, for a fee, ▇▇▇▇▇▇'s obligation to carry Commercial Property Insurance and Lessee's liability to Lessor for repair or replacement of the modular units leased from ▇▇▇▇▇▇▇▇ Scotsman resulting from loss or damage as specified in the Lease Agreement. ▇▇▇▇▇▇ remains liable to ▇▇▇▇▇▇▇▇ Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific details on coverage, exclusions and restrictions on coverage. The Property Damage Waiver is not and shall not constitute a contract for insurance.
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Damage Waiver Program. This payment will cover my student’s iPad for one occurrence during the current school year. DEADLINE FOR PAYMENT IS OCTOBER 15th or 30 days from the date of registration. This coverage may be renewed after each occurrence for the same fee.
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Damage Waiver Program. GOC shall make reasonable efforts to protect and preserve Property from loss or damage from GOC guests during the term of this Agreement. Therefore, GOC has instituted a Damage Waiver Program for accidental damages reported by GOC guests prior to their end-of-stay departure. GOC shall, at its expense, replace any items that are identified as lost or damaged due to GOC guests, up to an aggregate total of the current replacement limit. This program does not cover items that are worn or depleted from normal wear and tear use by GOC guests.
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Damage Waiver Program. This clause 17 will only apply to the extent that the lessee has paid the damage waiver fee, exclusive of VAT (the “Damage Waiver Fee”, as defined in the relevant lease contract). The lessee’s timely payment of the Damage Waiver Fee relieves the lessee of liability in excess of the damage waiver excess (namely the amount stated in the lease contract as the “Damage Waiver Excess” per damaged leased material) for any loss or damage to any leased material [and, only if such are covered by the Damage Waiver option taken by the lessee, 360° Service Items (namely associated ancillaries, services, or optional extras leased or sold by the lessor to the lessee in addition to any leased material under this agreement, including air conditioners, furniture, equipment, generators, toilets and fire extinguishers and related service packages, and subject to any applicable terms (the “360° Service Terms) )] during the lease period caused by Insured Risks (“Damage Waiver”), namely fire, act of vandalism (by a person other than the lessee, its employees, agents and contractors), and theft from a secure or guarded site. The Damage Waiver does not provide coverage for the Exclusions (meaning any loss resulting from a risk which is not an Insured Risk, wilful misconduct by the lessee or its employees agents or contractors, any loss of leased material revealed only when an inventory is made, [loss of generating equipment in or connected to powered buildings,] bodily injury, glass breakage, civil or foreign war, nuclear damage, terrorism, embargo / destruction upon request of government or public authority, wear and tear, theft from an unsecure or unguarded building or site, fraud, dishonesty, business interruption, indirect damages, loss damage or re-instatement of ground around the site, losses or damage resulting from the incorrect use and maintenance of the leased equipment, and loss occurring outside Belgium or any other circumstances not covered by the Insured Risks and the lessee remains liable for any loss or damage to any leased material arising from the Exclusions and any other circumstances not covered by the Insured Risks. If any leased material is lost or damaged, before the lessee can limit its liability under this clause 17, it must:  have paid the Damage Waiver Fees invoiced and any other amounts due and owing to the lessor;  pay the Damage Waiver Excess;  demonstrate that it has taken reasonable precautions against loss, damage, theft and forced entry;  noti...
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Damage Waiver Program. 7.1 This clause 7 will only apply to the extent that the Customer has paid the Damage Waiver Fee. 7.2 The Damage Waiver Fee, plus VAT, will be automatically charged in addition to the Hire Charges, until a valid insurance certificate is provided by the Customer to ▇▇▇▇▇▇▇ demonstrating that the Customer has obtained insurance of the Hired Equipment at least to the minimum value set out in the relevant EHQ. 7.3 The Customer’s timely payment of the Damage Waiver Fee relieves the Customer of liability in excess of the Damage Waiver Excess for any loss or damage to any Building and, only if such are covered by the Damage Waiver option taken by the Customer, 360° Service Items during the Hire Period caused by Insured Risks (“Damage Waiver”). The Damage Waiver does not provide coverage for the Exclusions or any other circumstances not covered by the Insured Risks and the Customer remains liable for any loss or damage to any Hired Equipment arising from Exclusions and any other circumstances not covered by the Insured Risks. 7.4 If any Hired Equipment is lost or damaged, before the Customer can limit its liability under this clause 7, it must: (a) have paid the Damage Waiver Fees invoiced and any other amounts due and owing to ▇▇▇▇▇▇▇; (b) pay the Damage Waiver Excess; (c) demonstrate that it has taken reasonable precautions against loss, damage, theft and forced entry; (d) notify ▇▇▇▇▇▇▇ in writing of any loss or damage to the Hired Equipment within five Business Days of becoming aware of such damage and have submitted a theft notification form available from ▇▇▇▇▇▇▇; (e) if required by ▇▇▇▇▇▇▇, deliver to ▇▇▇▇▇▇▇, to its reasonable satisfaction, evidence of the loss or damage (including any police reports in the event of theft, vandalism or forced entry), within ten Business Days of becoming aware of such event; and (f) not be in breach, or not have breached, any term of this Agreement. 7.5 The parties acknowledge and agree that the Damage Waiver in this clause 7 is not insurance and therefore does not cover any general liability incurred by the Customer (including any loss or injury to third parties) or its or any third party’s use of the Hired Equipment, any consequential loss incurred by the Customer or any third party, or any of the Exclusions. 7.6 If the Customer declines the Damage Waiver or is not current in its payment of the Damage Waiver Fee in relation to all of the Hired Equipment, it shall be required to insure the Hired Equipment itself in accorda...
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Related to Damage Waiver Program

  • Limitation on Liability of Servicer, Backup Servicer and Others (a) Neither Exeter, the Backup Servicer (including the Backup Servicer in its capacity as the successor Servicer if so appointed) nor any of the directors, mangers or officers or employees or agents of Exeter or Backup Servicer (including the Backup Servicer in its capacity as the successor Servicer if so appointed) shall be under any liability to the Issuer, the Holding Trust or the Noteholders, except as provided in this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement; provided, however, that this provision shall not protect Exeter, the Backup Servicer (including the Backup Servicer in its capacity as the successor Servicer if so appointed) or any such person against any liability that would otherwise be imposed by reason of a breach of this Agreement (in the case of Exeter) or willful misconduct, bad faith or gross negligence (excluding errors in judgment) in the performance of duties; provided, further, that this provision shall not affect any liability to indemnify the Indenture Trustee and the Owner Trustee for costs, taxes, expenses, claims, liabilities, losses or damages paid by the Indenture Trustee and the Owner Trustee, in their individual capacities. Exeter, the Backup Servicer (including the Backup Servicer in its capacity as the successor Servicer if so appointed) and any director, manager, officer, employee or agent of Exeter or Backup Servicer (including the Backup Servicer in its capacity as the successor Servicer if so appointed) may rely in good faith on the written advice of counsel or on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising under this Agreement. (b) The Backup Servicer shall not be liable for any obligation of the Servicer contained in this Agreement or for any errors of the Servicer contained in any computer tape, certificate or other data or document delivered to the Backup Servicer hereunder or on which the Backup Servicer must rely in order to perform its obligations hereunder, and the Owner Trustee, the Indenture Trustee, the Backup Servicer, the Seller and the Noteholders shall look only to the Servicer to perform such obligations. The Backup Servicer, the Indenture Trustee, the Owner Trustee and the Custodian shall have no responsibility and shall not be in default hereunder or incur any liability for any failure, error, malfunction or any delay in carrying out any of their respective duties under this Agreement if such failure or delay results from the Backup Servicer acting in accordance with information prepared or supplied by a Person other than the Backup Servicer (or contractual agents) or the failure of any such other Person to prepare or provide such information. The Backup Servicer (including the Backup Servicer in its capacity as the successor Servicer if so appointed) shall have no responsibility, shall not be in default and shall incur no liability for (i) any act or failure to act of any third party (other than its contractual agents), including the Servicer or the Majority Noteholders, (ii) any inaccuracy or omission in a notice or communication received by the Backup Servicer from any third party (other than its contractual agents), (iii) the invalidity or unenforceability of any Receivable under applicable law, (iv) the breach or inaccuracy of any representation or warranty made with respect to any Receivable, or (v) the acts or omissions of any prior Servicer or any successor Backup Servicer. (c) The parties expressly acknowledge and consent to Citibank, N.A. acting in the possible dual capacity of Backup Servicer or successor Servicer and in the capacity as Indenture Trustee. Citibank, N.A., may, in such dual or other capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Citibank, N.A., of express duties set forth in this Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto and the Noteholders except in the case of gross negligence and willful misconduct by Citibank, N.A..

  • Limitation on Liability of Servicer and Others Neither the Servicer nor any of the directors, officers, employees or agents of the Servicer shall be under any liability to the Issuer or any Securityholder, except as provided under this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Servicer and any director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising under this Agreement. Except as otherwise provided in this Agreement, the Servicer shall not be under any obligation to appear in, prosecute or defend any legal action that shall not be incidental to its duties to service the Receivables in accordance with this Agreement and that in its opinion may involve it in any expense or liability; provided, however, that the Servicer may undertake any reasonable action that it may deem necessary or desirable in respect of this Agreement and the other Basic Documents and the rights and duties of the parties to this Agreement and the other Basic Documents and the interests of the Certificateholders under this Agreement and the Noteholders under the Indenture. The legal expenses and costs of such action and any liability resulting therefrom will be expenses, costs and liabilities of the Issuer.

  • Limitation on Liability of the Master Servicer and Others (a) The Master Servicer undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. (b) No provision of this Agreement shall be construed to relieve the Master Servicer from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that the duties and obligations of the Master Servicer shall be determined solely by the express provisions of this Agreement, the Master Servicer shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Agreement; no implied covenants or obligations shall be read into this Agreement against the Master Servicer and, in absence of bad faith on the part of the Master Servicer, the Master Servicer may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Master Servicer and conforming to the requirements of this Agreement. (c) None of the Master Servicer, the Seller or the Depositor or any of the directors, officers, employees or agents of any of them shall be under any liability to the Trustee or the Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer, the Seller or the Depositor or any such person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in its performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreement. The Master Servicer, the Seller and the Depositor and any director, officer, employee or agent of any of them shall be entitled to indemnification by the Trust Fund and will be held harmless against any loss, liability or expense incurred in connection with any legal action relating to this Agreement or the Certificates other than any loss, liability or expense incurred by reason of willful misfeasance, bad faith or negligence in the performance of his or its duties hereunder or by reason of reckless disregard of his or its obligations and duties hereunder. The Master Servicer, the Seller and the Depositor and any director, officer, employee or agent of any of them may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Master Servicer shall be under no obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Mortgage Loans in accordance with this Agreement and that in its opinion may involve it in any expenses or liability; provided, however, that the Master Servicer may in its sole discretion undertake any such action that it may deem necessary or desirable in respect to this Agreement and the rights and duties of the parties hereto and the interests of the Certificateholders hereunder. In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be expenses, costs and liabilities of the Trust Fund and the Master Servicer shall be entitled to be reimbursed therefor out of the Collection Account it maintains as provided by Section 4.02.

  • Limitation on Liability of the Servicer and Others Neither the Servicer nor any of the directors, officers, employees or agents of the Servicer shall be under any liability to the Trust Fund or the Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect any director, officer, employee or agent of the Servicer against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder, nor shall this provision protect the Servicer against any liability that would otherwise be imposed by reason of negligence in the performance of duties hereunder. The Servicer and any director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer and any director, officer, employee or agent of the Servicer shall be indemnified by the Trust Fund and held harmless against any loss, liability or expense incurred in connection with any legal action relating to this Agreement or the Certificates, other than any loss, liability or expense, in the case of the Servicer and any director, officer, employee or agent of the Servicer, incurred by reason of willful misfeasance, bad faith or gross negligence in the performance of duties hereunder or by reason of reckless disregard of obligations and duties hereunder or, in the case of the Servicer, as Servicer, incurred by reason of negligence in the performance of any duties hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Loans in accordance with this Agreement and which in its opinion may involve it in any expense or liability; provided, however, that the Servicer may in its discretion undertake any such action which it may deem necessary or desirable in respect of this Agreement and the rights and duties of the parties hereto and the interests of the Certificateholders hereunder. In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be expenses, costs and liabilities of the Trust Fund, and the Servicer shall be entitled to be reimbursed therefor out of the Custodial Account for P&I as provided by Section 3.3.

  • Limitation on Liability of the Seller and Others The duties and obligations of the Seller in its capacity as the interim servicer of the Mortgage Loans shall be determined solely by the express provisions of this Agreement, the Seller as interim servicer shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Agreement and no implied covenants or obligations shall be read into this Agreement against the Seller as interim servicer. Neither the Seller nor any of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser for any action taken or for refraining from the taking of any action in accordance with Customary Servicing Procedures and otherwise in good faith pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Seller as interim servicer against any liability resulting from any breach of any representation or warranty made herein, or from any liability specifically imposed on the Seller as interim servicer herein; and, provided further, that this provision shall not protect the Seller as interim servicer against any liability that would otherwise be imposed by reason of the willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of the obligations or duties hereunder. The Seller and any director, officer, employee or agent of the Seller may rely on any document of any kind which it in good faith reasonably believes to be genuine and to have been adopted or signed by the proper authorities respecting any matters arising hereunder. Subject to the terms of Subsection 12.01, the Seller shall have no obligation to appear with respect to, prosecute or defend any legal action which is not incidental to the Seller’s duty to service the Mortgage Loans in accordance with this Agreement.