Common use of Limitation of Terminal Operator Liability Clause in Contracts

Limitation of Terminal Operator Liability. (a) Subject to clause 7.2(c), the liability of Terminal Operator to Terminal User deriving from or howsoever connected with the performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence or willful misconduct in accordance with clause [12.1.1(a)] of the Terminal Access Code. (b) The maximum aggregate liability of Terminal Operator to Terminal User arising pursuant to clause 14.2(a), as a result of gross negligence or willful misconduct on the part of the Terminal Operator, shall not exceed an amount equal to 20% of the annual Capacity Fee payable in such Contract Year where the liability arises. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred to Terminal User or a third party and Terminal User expressly agrees and acknowledges that Terminal Operator is not liable for: (i) any costs arising in relation to supply of LNG including due to revision of planned delivery dates or cancellation of LNG Cargos, except for demurrage as set out in the Terminal Access Code; (ii) downstream costs (including amounts payable under gas supply or gas transportation agreements to which Terminal User may be a party) arising from a Revised Sendout Notification, lower or higher than expected Actual Daily Sendout, or lower or higher than expected Evacuation Gas; or (iii) payment for borrowed LNG or any disputes arising in relation to payment for borrowed LNG.

Limitation of Terminal Operator Liability. (a) Subject to clause 7.2(c), the The liability of Terminal Operator to Terminal Spot Cargo User deriving from or howsoever connected with the performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence Gross Negligence or willful misconduct Wilful Misconduct in accordance with clause [12.1.1(a)] ) of the Terminal Access Code. (b) The maximum aggregate liability of Terminal Operator to Terminal Spot Cargo User arising pursuant to clause 14.2(a), as a result of gross negligence Gross Negligence or willful misconduct Wilful Misconduct on the part of the Terminal Operator, shall not exceed an amount equal to 20% of the annual aggregate Spot Capacity Fee Fees payable in such Contract Year where the liability arisesunder this Agreement. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred to Terminal Spot Cargo User or a third party and Terminal Spot Cargo User expressly agrees and acknowledges that Terminal Operator is not liable for: (i) any costs arising in relation to supply of LNG including due to revision of planned delivery dates or cancellation of LNG Cargos, except for demurrage as set out in the Terminal Access Code; (ii) downstream costs (including amounts payable under gas supply or gas transportation agreements to which Terminal Spot Cargo User may be a party) arising from a Revised Sendout Notification, lower or higher than expected Actual Daily SendoutSpot Cargo Sendout Schedule, or lower or higher than expected Evacuation Gas; or (iii) payment for borrowed LNG or any disputes arising in relation to payment for borrowed LNG.

Limitation of Terminal Operator Liability. ‌ (a) Subject to clause 7.2(c), the The liability of Terminal Operator to Terminal Spot Cargo User deriving from or howsoever connected with the performance or failure to perform its obligations under this Agreement shall be limited to cases of gross negligence Gross Negligence or willful misconduct Wilful Misconduct in accordance with clause [12.1.1(a)] ) of the Terminal Access Code.Code.‌ (b) The maximum aggregate liability of Terminal Operator to Terminal Spot Cargo User arising pursuant to clause 14.2(a), as a result of gross negligence Gross Negligence or willful misconduct Wilful Misconduct on the part of the Terminal Operator, shall not exceed an amount equal to 20% of the annual aggregate Spot Capacity Fee Fees payable in such Contract Year where the liability arisesunder this Agreement. (c) Under no circumstances shall Terminal Operator be liable for Consequential Damages incurred to Terminal Spot Cargo User or a third party and Terminal Spot Cargo User expressly agrees and acknowledges that Terminal Operator is not liable for: (i) any costs arising in relation to supply of LNG including due to revision of planned delivery dates or cancellation of LNG Cargos, except for demurrage as set out in the Terminal Access Code; (ii) downstream costs (including amounts payable under gas supply or gas transportation agreements to which Terminal Spot Cargo User may be a party) arising from a Revised Sendout Notification, lower or higher than expected Actual Daily SendoutSpot Cargo Sendout Schedule, or lower or higher than expected Evacuation Gas; or (iii) payment for borrowed LNG or any disputes arising in relation to payment for borrowed LNG.