Common use of EXTENT OF THE BUILDER’S LIABILITY Clause in Contracts

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and tear, or by incompetence, mismanagement, negligence or wilful neglect of the BUYER, its employees or agents, or by fire or accidents at sea not themselves caused by defective materials, faulty design, poor workmanship and/or defective equipment. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article. (d) The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Article. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in the Paragraphs of this Article. Except as expressly provided in the foregoing ParagraphParagraphs of this Article, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1guarantee. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage, corrosion of the materials other than related to lack of maintenance, fire, accidents at sea or elsewhere, or by incompetence, mismanagement, negligence or wilful neglect or any alteration or addition on the part of the BUYER, its employees or agentsagents or any other person on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’s officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article. (d) The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Article. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraphthis Article, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever ) in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects Defects in respect of which the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1Guarantee Period. (c) The BUILDER shall under no circumstances be liable for defects Defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage by the BUYER, fire unrelated to Defects, accidents at sea or elsewhere, or by incompetence, mismanagement, negligence or wilful neglect by the BUYER or any alteration or addition to the VESSEL on the part of the BUYER, its employees or agentsagents or any other person on or doing work on the VESSEL, or including the VESSEL’s officers, crew and passengers, unless approved by fire or accidents at sea not themselves caused by defective materials, faulty design, poor workmanship and/or defective equipmentthe BUILDER. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are Defects due to repairs or replacements carried out by any person other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article, unless approved by the BUILDER. (d) The BUILDER shall not be obliged to repair, repair and shall not be liable for, for damage to the VESSEL or any part of the equipment thereofthereof which, which after delivery of the VESSEL, is caused other than by the defects Defects of the nature specified in this Article. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraphthis Article, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoingthis Article, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which discovered after the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date expiration of the period of guarantee specified in Paragraph 1above, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1guarantee. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, or fire or accidents at sea or elsewhere or by incompetence, mismanagement, negligence accident, negligence, willful neglect, alteration or wilful neglect addition on the part of the BUYER, its employees or agentsagents on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL's officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out which were made by any other than the BUILDER or which have not been carried out in accordance with at the procedure set out in Paragraph 3 (b) discretion of this Articlethe BUYER as hereinabove provided. (d) The liability of the BUILDER provided for in this Article shall be limited to defects directly caused by defective materials, construction miscalculation design and/or poor workmanship as above provided. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Articleabove. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) custom or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoeverBUYER.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly Except as provided in this Article. Except as expressly provided in the foregoing Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoingCONTRACT, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation under this guarantee with respect to defects in respect of which the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified (unless notification for such defects has been given in Paragraph 1time). (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused after delivery and acceptance of the VESSEL by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, overloading, improper loading or stowage, corrosion of the materials or fire or accidents at sea or elsewhere or by incompetence, mismanagement, negligence accident, negligence, willful neglect, or wilful neglect any alteration or addition on the part of the BUYER, its employees or agentsagents or any other person on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’S officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b3(b) of this Article. (d) The BUILDER shall not be obliged to repair, not nor be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery and acceptance of the VESSEL, VESSEL is caused other than by the defects of the nature specified in this Articleabove. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoeverBUYER.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraphthis Article, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoingthis Article, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, loss and/or damages or expenses (including but not limited to any loss of time, loss of profit or earnings or demurrage directly or indirectly causedearnings), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which discovered after the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date expiration of the period of guarantee specified in Paragraph 1above, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1guarantee. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, or fire or accidents at sea or elsewhere or by incompetence, mismanagement, negligence accident, negligence, willful neglect, alteration or wilful neglect addition on the part of the BUYER, its employees or agentsagents on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’s officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out which were made by any other than the BUILDER or which have not been carried out in accordance with at the procedure set out in Paragraph 3 (b) discretion of this Articlethe BUYER as hereinabove provided. (d) The liability of the BUILDER provided for in this Article shall be limited to defects directly caused by defective materials, design, construction miscalculation and/or poor workmanship as above provided. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Articleabove. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) custom or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoeverBUYER.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraphthis Article, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoingthis Article, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which discovered after the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date expiration of the period of guarantee specified in Paragraph 1above, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1guarantee. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, or fire or accidents at sea or elsewhere or by incompetence, mismanagement, negligence accident, negligence, willful neglect, alteration or wilful neglect addition on the part of the BUYER, its employees or agentsagents on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’s officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out which were made by any other than the BUILDER or which have not been carried out in accordance with at the procedure set out in Paragraph 3 (b) discretion of this Articlethe BUYER as hereinabove provided. (d) The liability of the BUILDER provided for in this Article shall be limited to defects directly caused by defective materials, design, construction miscalculation and/or poor workmanship as above provided. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Articleabove. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) custom or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoeverBUYER.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or and in connection with the VESSEL and/or and this CONTRACT shall be limited to the extent expressly provided in this ArticleARTICLE IX. Except as expressly provided in Paragraph 3 above or any other obligations to the foregoing ParagraphBUYER which by their nature will remain after delivery, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. FurtherFurthermore, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential economic or special losses, damages or expenses (expenses, including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSELVESSEL provided always that the BUILDER shall be liable to the BUYER for any damage directly caused by any defects covered by the BUILDER’S guarantee under this Article IX provided that the liability of the BUILDER shall be limited to damage caused during the guarantee period referred to in Paragraph 1 above. (b) The BUILDER shall be under no obligation with respect to defects in respect of which the BUILDER has not received notice NOTICE in accordance with Paragraph 2 of this Article above by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1GUARANTEE PERIOD. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and teartear overloading, improper loading or stowage, corrosion of the materials, fire, accidents at sea or elsewhere, or by incompetence, mismanagement, misuse, negligence or wilful willful neglect of or other improper acts or omissions, any alteration or addition to relevant part by the BUYER, its employees or agentsagents or any other person on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’s officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 3. (b) of this Articleabove. (d) The BUILDER shall not be obliged to repair, repair and shall not be liable for, for damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this ArticleARTICLE IX. The guarantees contained as hereinabove in this Article ARTICLE IX replace and exclude any other liability, guarantee, warranty and/or and condition imposed or implied by statute, common law, custom, contract (contract, including this CONTRACT) , or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever.. (End of ARTICLE IX)

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and tear, or by incompetence, mismanagement, negligence or wilful neglect of the BUYER, its employees or agents, or by fire or accidents at sea not themselves caused by defective materials, faulty design, poor workmanship and/or defective equipment. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article. (d) The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Article. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever.by

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraphthis Article, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or of liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoingthis Article, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which discovered after the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date expiration of the period of guarantee specified in Paragraph 1above, nor in any event shall the be BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1guarantee. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any any part of equipment thereof caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, or fire or accidents at sea or elsewhere or by incompetence, mismanagement, negligence accident, negligence, willful neglect, alteration or wilful neglect addition on the part of the BUYER, its employees or agentsagents on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’s officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out which were made by any other than the BUILDER or which have not been carried out in accordance with at the procedure set out in Paragraph 3 (b) discretion of this Articlethe BUYER as hereinabove provided. (d) The liability of the BUILDER provided for in this Article shall be limited to defects directly caused by defective materials, design, construction miscalculation and/or poor workmanship as above provided. The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Articleabove. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) custom or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoeverBUYER.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in the Paragraph of this Article. Except as expressly provided in the foregoing Paragraph, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1guarantee. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage, corrosion of the materials, fire, accidents at sea or elsewhere, or by incompetence, mismanagement, negligence or wilful neglect or any alteration or addition on the part of the BUYER, its employees or agentsagents or any other person on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL’s officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article., (d) The BUILDER shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Article. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever.

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL the responsibility of the BUILDER and HGS in respect of and/or or in connection with the VESSEL and/or or this CONTRACT shall be limited to the extent expressly provided in this Paragraph of this Article. Except as expressly provided in this Article X and in Articles III and IX (in respect of the foregoing ParagraphBUILDER's obligations in connection with the testing and trialling of the VESSEL after delivery), in no circumstances and on no ground whatsoever shall the BUILDER and HGS have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER and HGS shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. For the avoidance of doubt, nothing in this Article X(5)(a) shall affect any liability for Minor Items under Article VI(8), or any liability under Articles XVI or XVII or XVIII. (b) The BUILDER and HGS shall be under no obligation with respect to defects in respect of which the BUILDER and HGS has not received notice in accordance with Paragraph 2 of this Article by the expiry date of the guarantee specified Guarantee Period (save as provided in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening paragraph 3 of the defects after the expiry date of the guarantee specified in Paragraph 1this Article). (c) The BUILDER and HGS shall under no circumstances be liable for defects in the VESSEL or any part of equipment thereof caused by perils of the sea, rivers or navigations, or by normal wear and tear, overloading, improper loading or stowage; normal corrosion of uncoated materials, fire, accidents at sea or elsewhere (provided not themselves caused by a defect covered by the guarantee obligations); or by incompetence, mismanagement, negligence or wilful neglect or any alteration or addition on the part of the BUYER, its employees or agentsagents or any other person on or doing work on the VESSEL, or by fire or accidents at sea not themselves caused by defective materialsincluding the VESSEL's officers, faulty design, poor workmanship and/or defective equipmentcrew and passengers. Likewise, the BUILDER and HGS shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out by any party other than the BUILDER or which have not been HGS or their sub-contractors unless carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article. (d) The BUILDER and HGS shall not be obliged to repair, not be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Article. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) custom or otherwise on the part of the BUILDER and HGS by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoever. (e) [***].

EXTENT OF THE BUILDER’S LIABILITY. (a) After delivery of the VESSEL VESSEL, the responsibility of the BUILDER in respect of and/or in connection with the VESSEL and/or this CONTRACT shall be limited to the extent expressly provided in this Article. Except as expressly provided in the foregoing Paragraphprovided, in no circumstances and on no ground whatsoever shall the BUILDER have any responsibility or liability whatsoever or howsoever arising in respect of or in connection with the VESSEL or this CONTRACT after the delivery of the VESSEL. Further, but without in any way limiting the generality of the foregoing, the BUILDER shall have no liability or responsibility whatsoever or howsoever arising for or in connection with any consequential or special losses, damages or expenses (including but not limited to loss of time, loss of profit or earnings or demurrage directly or indirectly caused), any pecuniary loss or expense, any liability to any third party or any fine, compensation, penalty or other payment or sanction incurred by or imposed upon the BUYER or any other party whatsoever in relation to or in connection with this CONTRACT or the VESSEL. (b) The BUILDER shall be under no obligation with respect to defects in respect of which discovered after the BUILDER has not received notice in accordance with Paragraph 2 of this Article by the expiry date expiration of the period of guarantee specified in Paragraph 1, nor in any event shall the BUILDER be liable for any worsening of the defects after the expiry date of the guarantee specified in Paragraph 1above. (c) The BUILDER shall under no circumstances be liable for defects in the VESSEL or any other part of equipment thereof caused by perils of the sea, rivers or navigationsnavigation, or by normal wear and tear, or fire or accidents at sea or elsewhere or by incompetence, mismanagement, negligence accident, negligence, willful neglect, alteration or wilful neglect addition on the part of the BUYER, its employees or agents, or (including the VESSEL’s officers, crew and passengers) not previously approved by fire or accidents at sea not themselves caused by defective materials, faulty design, poor workmanship and/or defective equipmentthe BUILDER. Likewise, the BUILDER shall not be liable for defects in the VESSEL or any part of equipment thereof that are due to repairs or replacements carried out which were made by any other than the BUILDER or which have not been carried out in accordance with the procedure set out in Paragraph 3 (b) of this Article. (d) The liability of the BUILDER provided for in this Article shall be limited to defects directly caused by defective design, materials, construction miscalculation and/or poor workmanship as above provided. The BUILDER shall not be obliged to repair, not nor be liable for, damage to the VESSEL or any part of the equipment thereof, which after delivery of the VESSEL, is caused other than by the defects of the nature specified in this Articleabove. The guarantees contained as hereinabove in this Article replace and exclude any other liability, guarantee, warranty and/or condition imposed or implied by statute, common law, custom, contract (including this CONTRACT) custom or otherwise on the part of the BUILDER by reason of the construction and sale of the VESSEL for and to the BUYER or for any other reason whatsoeverBUYER.