Common use of Liability of Operator Clause in Contracts

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. Notwithstanding anything in this Agreement The Operator is not liable to the contraryCompany for any loss or damage sustained or liability incurred in connection with the Company, even if arising from the negligence of the Operator or any person for whom the Operator may be vicariously liable, except where, in the circumstances of the particular case, the Operator shall not (or that person) has committed fraud or Wilful Misconduct. In no circumstances, will the Operator 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 Operatorconsequential loss.