LOSS LIABILITY Clause Samples

LOSS LIABILITY. The Property Manager shall not be liable for loss of OWNER’s personal property located in rental property or rents collected resulting from theft, dishonored or uncollectible checks, bank failure, declined credit card authorizations, wind, storms, accidents or other causes or events beyond its control. The Property Manager shall not be required to initiate legal actions or retain an attorney for the purpose of collection of rents, collection of damages, eviction of tenants or other persons unless directed by OWNER. Collection fees and legal fees are the responsibility of the OWNER.

LOSS LIABILITY. The City agrees to assume liability for the loss by theft or damage of personal property of bargaining unit members used in conjunction with bona fide Fire Department business if the supervisor of the activity for which the personal property was needed had declared, in writing, the Department's desire that the employees' private property be used; provided that the loss or damage was not occasioned by the negligence of the member/owner of the property or some other Fire Department employee to whom he/she had entrusted the property.

LOSS LIABILITY. 12.1 The tenant is obliged to take the necessary measures to prevent damage to the rented housing, especially in the case of fire, storm, frost and water flowing in and flowing out. 12.2 The tenant is obliged to inform the lessor forthwith in writing upon establishing defects in, on or to the rented housing and/or upon loss threatening to be caused, including damage or threatening damage to pipes, cables, tubes, drainage, sewerage, installations and other equipment. When there is an immediate threat of damage being caused or when damage caused threatens to extend, the tenant shall forthwith inform the lessor and, furthermore, take any and all appropriate measures to prevent and limit loss in or to the rented housing. This also applies to the building or complex of which the rented housing forms part and the separate spaces thereof, on the understanding that the tenant must only take measures to prevent and limit loss if this can reasonably expected from him. If the tenant fails to comply with his duty to report (or fails to do so in time), any loss as a consequence thereof, including both in respect of the rented housing and in respect of any property of third parties, will be at the expense of the tenant and the tenant will not be able to derive rights from sections 7:205 up to and including 211 of the Dutch Civil Code. 12.3 The tenant is liable for loss caused to the rented housing, including the outside, during the rental period due to attributable failure to comply with an obligation under the law and/or the rental agreement. Any and all loss apart from fire damage is presumed to have been caused by it. 12.4 The tenant is equally liable in respect of the lessor with regard to his own behaviour and that of those who use the rented housing on behalf of the tenant or are in the rented housing on behalf of the tenant. 12.5 The lessor is obliged to compensate for loss caused by a defect if the defect occurred after conclusion of the rental agreement and is attributable to him, as well as in the case where the lessor was aware or ought to have been aware that the defect was already there when the rental agreement was concluded or if he indicated at the time to the tenant that the object did not have the defect. The burden of proof lies with the tenant in this respect. 12.6 The lessor is not liable for (the consequences of) actual disruptions by third parties. 12.7 The lessor is not liable for (the consequences of) loss of enjoyment under the rental agreement...