Common use of RESPONSIBILITY FOR LOSS OR DAMAGE Clause in Contracts

RESPONSIBILITY FOR LOSS OR DAMAGE. a. The Artist bears the risk of loss or damage to the Artwork incurred in the delivery of the Artwork from the Artist to the Festival. b. Upon receipt of the Artwork by Festival personnel, the risk of loss or damage to the Artwork transfers to Pan Eros. This paragraph notwithstanding, Festival personnel may not unpack the Artwork immediately upon receipt. Therefore, if, upon unpacking, it is discovered that the Artwork is damaged, Pan Eros is not liable unless the damage occurred due to mishandling by or other negligence of Festival personnel. i. If, upon unpacking, Festival personnel discover that the Artwork is damaged, Festival personnel will notify the Artist within 24 hours. Festival personnel will photograph the damage and provide the Artist with the photographs by electronic means. ii. It will be the Artist’s sole responsibility to pursue recourse for the damage with the carrier or delivery agent. If requested, Festival personnel will provide the Artist with narrative documentation of the damage as it was discovered upon unpacking. c. Pan ▇▇▇▇ will be responsible for the safekeeping of all consigned Artwork while they are in its custody, and will use its best efforts to protect the Artwork while it is being prepared for exhibition and sale, and while it is on exhibit and for sale. In the event of loss or damage to the Artwork while in Pan Eros’s custody (except for damage resulting from flaws inherent in the Artwork), Pan Eros will be liable to the Artist for the value of the Artwork as stated on the Inventory Sheet. For the purposes of this agreement, the value of the Artwork is the amount the Artist would have received had the Artwork sold. d. Upon delivery of the Artwork to the designated shipper, or to the Artist or the Artist’s agent, the risk of loss or damage to the Artwork transfers back to the Artist.

RESPONSIBILITY FOR LOSS OR DAMAGE. a. The Artist bears the risk of loss or damage to the Artwork incurred in the delivery of the Artwork from the Artist to the Festival. b. Upon receipt of the Artwork by Festival personnel, the risk of loss or damage to the Artwork transfers to Pan ErosFSPC. This paragraph Paragraph 11(b) notwithstanding, Festival personnel may not unpack the Artwork immediately upon receipt. Therefore, if, upon unpacking, it is discovered that the Artwork is damaged, Pan Eros FSPC is not liable unless the damage occurred due to mishandling by or other negligence of Festival personnel. i. If, upon unpacking, Festival personnel discover that the Artwork is damaged, Festival personnel will notify the Artist within 24 hours. Festival personnel will photograph the damage and provide the Artist with the photographs by electronic means. ii. It will be the Artist’s sole responsibility to pursue recourse for the damage with the carrier or delivery agent. If requested, Festival personnel will provide the Artist with narrative documentation of the damage as it was discovered upon unpacking. c. Pan ▇▇▇▇ FSPC will be responsible for the safekeeping of all consigned Artwork while they are in its custody, and will use its best efforts to protect the Artwork while it is being prepared for exhibition and sale, and while it is on exhibit and for sale. In the event of loss or damage to the Artwork while in Pan ErosFSPC’s custody (except for damage resulting from flaws inherent in the Artwork), Pan Eros FSPC will be liable to the Artist for the value of the Artwork as stated on the Inventory Sheet. For the purposes of this agreement, the value of the Artwork is the amount the Artist would have received had the Artwork sold. d. Upon delivery of the Artwork to the designated shipper, or to the Artist or the Artist’s agent, the risk of loss or damage to the Artwork transfers back to the Artist.

RESPONSIBILITY FOR LOSS OR DAMAGE. a. The Artist bears the risk of loss or damage to the Artwork incurred in the delivery of the Artwork from the Artist to the Festival. b. Upon receipt of the Artwork by Festival personnel, the risk of loss or damage to the Artwork transfers to Pan ErosFSPC. This paragraph Paragraph 11(b) notwithstanding, Festival personnel may not unpack the Artwork immediately upon receipt. Therefore, if, upon unpacking, it is discovered that the Artwork is damaged, Pan Eros FSPC is not liable unless the damage occurred due to mishandling by or other negligence of Festival personnel. i. If, upon unpacking, Festival personnel discover that the Artwork is damaged, Festival personnel will notify the Artist within 24 hours. Festival personnel will photograph the damage and provide the Artist with the photographs by electronic means. ii. It will shall be the Artist’s sole responsibility to pursue recourse for the damage with the carrier or delivery agent. If requested, Festival personnel will provide the Artist with narrative documentation of the damage as it was discovered upon unpacking. c. Pan ▇▇▇▇ will FSPC shall be responsible for the safekeeping of all consigned Artwork while they are in its custody, and will use its best efforts to protect the Artwork while it is being prepared for exhibition and sale, and while it is on exhibit and for sale. In FSPC shall be liable to the event of Artist for loss or damage to the Artwork while in Pan Eros’s custody (except for damage resulting from flaws inherent in the Artwork), Pan Eros will be liable to the Artist for the value of the Artwork as stated on the Inventory Sheet. For the purposes of this agreement, the value of the Artwork is the full amount the Artist would have received had from FSPC if the Artwork had been sold. d. Upon delivery of the Artwork to the designated shipper, or to the Artist or the Artist’s agent, the risk of loss or damage to the Artwork transfers back to the Artist.