Liability of Operator Clause Samples

Liability of Operator. 17.1 Subject to clauses 17.2 to 17.5, the Operator shall be liable to the Client for loss or damage to the Nominated Vessel caused by: (a) the negligent or reckless use of the Travel Lift by the Operator or its Representatives; or (b) the malfunction of the Travel Lift; or (c) a failure of the Operator to comply with clause 4.1 in using the Travel Lift or placing the Nominated Vessel on the Hardstand, and the Operator shall not otherwise be liable to the Client or to the Owner, or a Contractor (or their respective Representatives) or any other person for any Loss whatsoever suffered by any of those persons (or any other person) under or in connection with this Agreement. 17.2 The Operator's maximum liability to the Client, the Owner or a Contractor (and their respective Representatives) for damages or losses (in contract, tort (including negligence), equity, statute or otherwise) in any way connected with the Services or this Agreement is the greater of: (a) the amount available to be paid out under any relevant insurance held by the Operator up to a maximum of $5,000,000; or (b) three times the value of the Charges payable for the Services to be provided under this Agreement as set out in the Schedule of Particulars or otherwise agreed in writing (excluding disbursements and GST). 17.3 Notwithstanding anything else in this Agreement, the Operator is not liable to the Client, the Owner, or a Contractor (or their respective Representatives), or to any other person in any circumstances: (a) for any remote, consequential or indirect Loss, including but not limited to loss of hire, loss of profit, loss of use, loss of opportunity, or additional costs of use (including costs of acquiring a replacement vessel (either temporarily or permanently) or engaging an alternative service provider); or (b) for any Loss of any kind arising from any delay (for any reason) in the provision of any Services by the Operator under this Agreement. 17.4 The liability of the Operator under this clause 17 is limited to the extent that the Client has contributed (whether by way of act, omission, default, contributory negligence or otherwise) to the circumstances giving rise to such liability. 17.5 The Client acknowledges and agrees that if the Client or the Client's Representatives are using the Marine Hub for the purposes of a business, the provisions of the Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (the "CGA") and sections 9, 12A, 13, or 14(1) of the Fair Trading Act 1986 (the "FTA") will not a...

Liability of Operator. (a) Subject to the rights of a Development Party to remove any Party acting as Joint Development Operator under this Agreement or Party Operator under any Applicable Operating Agreement in accordance with the terms hereof, in no event shall any Party serving as Joint Development Operator or a Party Operator have any liability as Joint Development Operator under this Agreement or Party Operator under any Applicable Operating Agreement for any claim, damage, loss or liability sustained or incurred in connection with any Development Operation or any breach of Section 3.3 or any similar provision regarding the standard of performance of a Party Operator in performing operations under any Applicable Operating Agreement, EVEN IF SUCH CLAIM, DAMAGE, LOSS OR LIABILITY AROSE IN WHOLE OR IN PART FROM THE ACTIVE, PASSIVE, SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OF SUCH PARTY, ANY OF ITS AFFILIATES OR ANY OFFICER, PARTNER, MEMBER, DIRECTOR OR EMPLOYEE OF SUCH PARTY, OTHER THAN IF SUCH CLAIM, DAMAGE, LOSS OR LIABILITY AROSE FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY, ANY OF ITS AFFILIATES OR ANY OFFICER, PARTNER, MEMBER, DIRECTOR OR EMPLOYEE OF SUCH PARTY (WHICH CLAIM, DAMAGE, LOSS OR LIABILITY IS THE SUBJECT OF SECTION 3.7(B)) and provided further that neither Joint Development Operator nor any Party Operator shall be released from liability for a material breach of any financial, administrative or procedural (such as providing notices and voting) obligation of Joint Development Operator under this Agreement or a Party Operator under any Applicable Operating Agreement; it being understood by each Party that any such claim, damage, loss or liability (other than that caused by the gross negligence or willful misconduct of a Party, its Affiliates or any officer, partner, member, director or employee of a Party or any of its Affiliates, or the material breach of any financial, administrative or procedural (such as providing notices and voting) obligation of Joint Development Operator or a Party Operator), shall be borne severally by the Parties (including such operator) in proportion to their interests in the operations or activities giving rise to such claim, damage, loss or liability. (b) Any Party serving as Joint Development Operator or a Party Operator shall bear sole liability on behalf of the Parties for any claim, damage, loss or liability sustained or incurred in connection with Development Operations hereunder or under a...

Liability of Operator. Notwithstanding Section 14.1, Sellers shall not be liable to Buyer for any claims, demands, causes of action, damages, or liabilities arising out of Sellers’ operation of the Assets after the Effective Time, insofar as Sellers continue to operate and maintain the Assets in accordance with the terms of this Agreement (including, without limitation, Section 14.1 above) and as a reasonable and prudent operator, and insofar as no such Claims, demands, causes of action, damages, or liabilities relating to such interim operation are attributable to the gross negligence or willful misconduct of Sellers.

Liability of Operator. 13.3.1 The provisions of this Article shall not relieve Parking Operator of its responsibility for damage to any part of a Facility caused by any act or omission, whether intentional or negligent, of Parking Operator, its agents, employees, suppliers, subcontractors, joint venture partners, or contractors.

Liability of Operator. Notwithstanding Section 10.1, Seller shall not be liable to Buyer for any claims, demands, causes of action, damages, or liabilities arising out of Seller’s operation of the Assets after the Effective Time except those arising from Seller’s gross negligence or willful misconduct or material breach of any material agreement applicable to such operations.

Liability of Operator. [Operator] shall be liable for any violations of the Consent Order and Agreement, including those caused by, contributed to, or allowed by its officers, agents, employees, or contractors. [Operator] also shall be liable for any violation of this Consent Order and Agreement caused by, contributed to, or allowed by its successors and assigns.

Liability of Operator. Notwithstanding anything in this Agreement to the contrary, the Operator shall not be liable to the Company, any Member or any of their respective Affiliates for any costs, expenses, damages or other liability incurred by reason of any act or omission performed or omitted by the Operator on behalf of the Company except to the extent resulting from the gross negligence or willful misconduct of the Operator.

Liability of Operator. Except as set out in this Section 3.6, the Party designated as Operator shall bear no cost, expense or liability resulting from performing the duties and functions of the Operator. Nothing in this Section 3.6 shall, however, be deemed to relieve the Party designated as Operator from any cost, expense or liability as a Party for its Participating Interest share of the Contractor's Obligations. The Parties shall be liable in proportion to their Participating Interests and shall defend and indemnify Operator and its consultants, agents, employees, officers and directors (the "INDEMNITEES") from any and all costs, expenses (including reasonable attorney's fees) and liabilities incident to claims, demands or causes of action of every kind and character brought by or on behalf of any person or entity for damage to or loss of property or the environment, or for injury to, illness or death of any person or entity, which damage, loss, injury, illness or death arises out of or is incident to any act or failure to act by Indemnitees in the conduct of or in connection with Petroleum Operations regardless of the cause of such damage, loss, injury, illness or death and even though caused in whole or in part by a pre-existing defect, the negligence (whether sole, joint or concurrent) Gross Negligence, strict liability or other legal fault of Operator (or any such affiliate); provided that if any senior supervisory personnel of Operator, engage in Gross Negligence or wilful misconduct that proximately causes the Parties to incur cost, expense or liability for such damage, loss, injury, illness or death, then only Operator shall bear the actual cost, expense and liability to repair, replace and/or remove property so damaged or lost, if any. Notwithstanding the foregoing, under no circumstances shall any Indemnitee (except as a Party to the extent of its Participating Interest) bear any cost, expense or liability for environmental, consequential, punitive or any other similar indirect damages or losses, including but not limited to those arising from business interruption, reservoir or formation damage, inability to produce petroleum, loss of profits, pollution control and environmental amelioration or rehabilitation. INSURANCE OBTAINED BY OPERATOR

Liability of Operator. Shell shall be liable for any violations of the Consent Order and Agreement, including those caused by, contributed to, or allowed by its officers, agents, employees, or contractors. Shell also shall be liable for any violation of this Consent Order and Agreement caused by, contributed to, or allowed by its successors and assigns.