Liability for Loss and Damage Clause Samples

Liability for Loss and Damage. We shall compensate you or your estate in respect of any uninsured loss or damage to your personal property, or upon your death or any personal injury suffered by you, to the extent that any of the foregoing is caused directly by our negligence or our breach of this Agreement or any term implied by law, except where such a breach is caused by you or an event outside our reasonable control. Subject to the aforesaid in this Agreement all liability to you is excluded.

Liability for Loss and Damage. The Customer shall be deemed to have elected to accept the Terms and Conditions set out in this document, unless previously agreed in writing, with Xpress Messenger LLP. Xpress Messenger LLP shall not be liable in respect of any loss or misdelivery of, or damage to any consignment if the same has arisen from: an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; a traffic accident or:- any consequences of war, invasion, act of foreign enemy, hostilities (whether war or not), civil war, rebellion, insurrection, military or usurped power of confiscation, requisition or destruction of or damage to property by, or under, the order of any government or public or local authority. Xpress Messenger LLP does not hold any liability for consequential loss of any description.

Liability for Loss and Damage. The following provision is an express written term of your contract of employment: any damage to vehicles, stock or property that is the result of your carelessness, negligence or deliberate vandalism will render you liable to pay the full or part of the cost of repair or replacement; any loss to me that is the result of your failure to observe rules, procedures or instruction, or is as a result of your negligent behaviour or your unsatisfactory standards of work will render you liable to reimburse to me the full or part of the cost of the loss; and in the event of an at fault accident whilst driving my vehicles you may be required to pay the cost of the insurance excess up to a maximum of £250.00. In the event of failure to pay, I have the contractual right to deduct such costs from your pay.

Liability for Loss and Damage. If the Equipment is damaged or lost while in the Lessee’s possession, the Lessee shall be responsible for such damage or loss and shall pay to the Lessor the value of the lost or damaged Equipment. For purposes of calculating the Lessee’s payment obligations, the value of the Equipment shall be listed in Exhibit A. On receipt of any such payment, the Lessor shall, to the extent of the amount paid, assign to the Lessee any of its rights with respect to the damaged or lost Equipment under any insurance policy, together with all of the Lessor’s interest in the Equipment.

Liability for Loss and Damage. If the Lockbox is damaged or lost while in the Home Owner’s possession (regardless if it is due to a third-party, act of God (including bad weather, war, terrorism, or other event outside of Home Owner’s control)), or the Home Owner themselves, the Home Owner shall be responsible for such damage or loss and shall pay to the Agent the value of the lost or damaged Lockbox, up to a maximum of the deposit amount paid by the Home Owner. Time limits are suspended in the event of a force majeure event, with the only requirement being that the party which is obligated to take action notify the Agent/Home Owner of such a force majeure event. Once the force majeure event has passed the time limits will resume as normal.

Liability for Loss and Damage. (a) All claims by Customers for Commodity loss or damage and the standards of performance of the Parties shall be governed by the provisions of UPRR's applicable commodity circulars, as modified from time to time. The circulars are available for reference on UPRR's web page at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/customers/myterms.shtml. Customer claims shall be handled initially by Company with subsequent final settlement to be made between Company and Contractor with Contractor reimbursing Company for Contractor's proportionate share of any such settlement. Contractor shall follow the loss and damage procedure of the involved railroad for loss, infestation or damage discovered at off-line locations not served by such railroad. (b) Commodity shall be deemed to be in the possession of Contractor: i. From the time a railcar of Commodity is actually placed on Contractor's siding for unloading or an alternate Vehicle of Commodity is unloaded and signed for by Contractor until Commodity is either delivered to Customer or released to Customer's designated carrier; ii. From the time Customer releases Commodity to Contractor or its designated motor carrier until Commodity is loaded into Vehicle and, in the case of railcars, released to the applicable rail carrier for shipment; and iii. During the period when Contractor is Transloading the Commodity. (c) Contractor shall inspect Commodity upon arrival at the Transload Facility prior to Transloading of the Commodity. Unless otherwise directed by Company, Contractor shall perform the following steps in the event of discovery of loss, contamination, infestation or damage to Commodity: i. In the event of a discovery of loss, infestation, contamination or damage to Commodity, Contractor shall photograph Commodity in the Vehicle and contact carrier. When a railcar is involved, Contractor shall immediately notify the freight claim processing office of the rail carrier serving the Transload Facility of the loss, contamination, infestation or damage, and obtain instructions for further handling prior to unloading the railcar. If UPRR is the serving rail carrier, Contractor shall immediately notify UPRR's Freight Claim Processing Office at Palestine, TX at ▇-▇▇▇-▇▇▇-▇▇▇▇ and obtain instructions for handling prior to unloading the railcar. ii. Contractor shall also notify a Company representative within twenty four (24) hours of the situation. (d) Liability for loss, contamination, infestation, damage or delay to Commodity transloaded, store...

Liability for Loss and Damage. The risk in the equipment shall pass to VGA upon delivery and VGA accepts responsibility for insurance from that time.

Liability for Loss and Damage of the Leased Assets and Third Party Injury 8.1 During the Lease Term, Party B shall be responsible to maintain for the Leased Assets insurance with an insurer acceptable to the Parties, and Party B or any third party designated by Party B shall be named as the beneficiary. The insurance premium shall be included as Hospital-Paid Costs and Expenses. CONFIDENTIAL TREATMENT REQUESTED BY CONCORD MEDICAL SERVICES HOLDINGS LIMITED 8.2 During the Lease Term, upon occurrence of any insurance-covered incident, Party A shall actively cooperate with Party B in processing the claim with the relevant insurer. 8.3 During the Lease Term, if the Leased Assets are lost or damaged due to reasons attributable to Party A, Party A shall, at its costs and expenses, take one or several of the following actions as determined by Party B: (i) To restore or repair the Leased Assets to the effect that the Leased Assets become capable of being used in a completely normal manner; (ii) To effect replacement in respect of the Leased Assets with parts, components or assets of the same model and function as the Leased Assets; (iii) In the case of the circumstances (i) and (ii) above, Party A shall continue to lease the Leased Assets and its obligation to pay the rental fee shall remain unchanged. During the period where the Leased Assets cannot be operated normally, Party A shall pay to Party B a monthly rental fee equal to the average rental fee amount of the three months preceding the loss or damage of the Leased Assets. (iv) Insurance proceeds may be used to cover the repair costs of the Leased Assets and any shortfall amount shall be paid by Party A. (v) Where the loss or damage of the Leased Assets is beyond repair, Party A shall be liable to indemnify Party B against losses pursuant to the breach of contract provisions hereof. 8.4 If any third party (e.g. patients) suffers any injury as a result of reasons attributable to the Leased Assets themselves (such as technical factors or quality defects, etc.), Party A shall, in conjunction with Party B, seek recourse against the seller of the Leased Assets. 8.5 If any third party (e.g. patients) suffers any injury as a result of Party A’s negligent use of the Leased Assets, Party A shall be held liable. 8.6 If any third party (e.g. patients) suffers any injury as a result of force majeure (other than as a result of reasons attributable to the Leased Assets themselves or the fault of Party A), in principle, neither Party A nor Party B shall...

Liability for Loss and Damage. 6.1 The Contractor shall be liable for all loss and damage to the Prison and the Site, except to the extent that such loss or damage was caused or contributed to by an act or omission by, or directly as a result of, an express written request or instruction of the Authority, its servants or agents or the breach by the Authority of any of its obligations under this Contract; provided that the Contractor shall remain liable for any such loss and damage occurring by reason of the exercise by the Authority of its powers under Section 88 of the Criminal Justice Act 1991 except to the extent such loss or damage is caused by the negligence of an employee of the Authority in exercising such powers. 6.2 The Contractor shall at its own cost re-instate, replace or make good to the reasonable satisfaction of the Authority, or, if the Authority agrees, compensate the Authority for, any loss or damage for which the Contractor is responsible under Clause 6.1.