Common use of Risk and Ownership Clause in Contracts

Risk and Ownership. 10.1 Crown Gas & Power warrants that Customer will obtain good title to the Gas supplied in accordance with the terms of this Agreement and such Gas will be free of all liens, charges and adverse claims. 10.2 Title to and risk in the Gas received by the Customer shall pass to Customer at the Offtake Point. 10.3 Subject to clause 10.4 below neither Crown Gas & Power nor Customer shall in any circumstances be liable to the other whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise for any Consequential Loss whether or not foreseeable.. 10.4 Nothing in this Agreement shall exclude or restrict the liability of either party: i. for death or personal injury resulting from negligence; or ii. for fraud or fraudulent misrepresentation; or iii. under the Consumer Protection Act 1987; or iv. for breach of the implied conditions as to title and quiet possession implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. 10.5 Subject to clauses 10.3 and 10.4 Crown Gas & Power`s total liability in respect of all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise shall not exceed the cost of the Gas supplied in the previous twelve (12) Contract Months or the period for which the Gas has been supplied, whichever is the shorter. 10.6 Customer shall indemnify Crown Gas & Power against all and any claims, losses, costs and charges arising out of any act or omission by the Customer in respect to its obligations under the Agreement.

Risk and Ownership. 10.1 Crown Gas & Power warrants that Customer will obtain good title to the Gas supplied in accordance with the terms of this Agreement and such Gas will be free of all liens, charges and adverse claims. 10.2 Title to and risk in the Gas received by the Customer shall pass to Customer at the Offtake Point. 10.3 Subject to clause 10.4 below and clause 4.16 above neither Crown Gas & Power nor Customer shall in any circumstances be liable to the other whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise for any Consequential Loss whether or not foreseeable... 10.4 Nothing in this Agreement shall exclude or restrict the liability of either party: i. for death or personal injury resulting from negligence; or ii. for fraud or fraudulent misrepresentation; or iii. under the Consumer Protection Act 1987; or iv. for breach of the implied conditions as to title and quiet possession implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. 10.5 Subject to clauses 10.3 and 10.4 Crown Gas & Power`s total liability in respect of all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise shall not exceed the cost of the Gas supplied in the previous twelve (12) Contract Months or the period for which the Gas has been supplied, whichever is the shorter. 10.6 Customer shall indemnify Crown Gas & Power against all and any claims, losses, costs and charges arising out of any act or omission by the Customer in respect to its obligations under the Agreement.

Risk and Ownership. 10.1 Crown Gas & Power warrants that Customer will obtain good title to the Gas supplied in accordance with the terms of this Agreement and such Gas will be free of all liens, charges and adverse claims. 10.2 Title to and risk in the Gas received by the Customer shall pass to Customer at the Offtake Point. 10.3 Subject to clause 10.4 below and clause 4.16 above neither Crown Gas & Power nor Customer shall in any circumstances be liable to the other whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise for any Consequential Loss whether or not foreseeable.. 10.4 Nothing in this Agreement shall exclude or restrict the liability of either party: i. for death or personal injury resulting from negligence; or ii. for fraud or fraudulent misrepresentation; or iii. under the Consumer Protection Act 1987; or iv. for breach of the implied conditions as to title and quiet possession implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. 10.5 Subject to clauses 10.3 and 10.4 Crown Gas & Power`s total liability in respect of all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise shall not exceed the cost of the Gas supplied in the previous twelve (12) Contract Months or the period for which the Gas has been supplied, whichever is the shorter. 10.6 Customer shall indemnify Crown Gas & Power against all and any claims, losses, costs and charges arising out of any act or omission by the Customer in respect to its obligations under the Agreement.

Risk and Ownership. 10.1 Crown Gas & Power warrants that Customer will obtain good title to the Gas supplied in accordance with the terms of this Agreement and such Gas will be free of all liens, charges and adverse claims. 10.2 Title to and risk in the Gas received by the Customer shall pass to Customer at the Offtake Point. 10.3 Subject to clause 10.4 below neither Crown Gas & Power nor Customer shall in any circumstances be liable to the other whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise for any Consequential Loss whether or not foreseeable... 10.4 Nothing in this Agreement shall exclude or restrict the liability of either party: i. for death or personal injury resulting from negligence; or ii. for fraud or fraudulent misrepresentation; or iii. under the Consumer Protection Act 1987; or iv. under any indemnity; or v. for breach of the implied conditions as to title and quiet possession implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. 10.5 Subject to clauses 10.3 and 10.4 Crown Gas & Power`s total liability in respect of all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise shall not exceed the cost of the Gas supplied in the previous twelve (12) Contract Months or the period for which the Gas has been supplied, whichever is the shorter. 10.6 The Customer shall indemnify (and keep indemnified) Crown Gas & Power against all and any damage, losses (including direct, indirect and Consequential Losses), claims, lossescosts, costs expenses, charges and charges penalties arising out of or in connection with any breach, default, act or omission by the Customer in respect to its obligations and/or warranties under the Agreement.

Risk and Ownership. 10.1 Crown Gas & Power warrants that Customer will obtain good title to the Gas supplied in accordance with the terms of this Agreement and such Gas will be free of all liens, charges and adverse claims. 10.2 Title to and risk in the Gas received by the Customer shall pass to Customer at the Offtake Point. 10.3 Subject to clause 10.4 below neither Crown Gas & Power nor Customer shall in any circumstances be liable to the other whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise for any Consequential Loss whether or not foreseeable.. 10.4 Nothing in this Agreement shall exclude or restrict the liability of either party: i. (a) for death or personal injury resulting from negligence; or ii. (b) for fraud or fraudulent misrepresentation; or iii. (c) under the Consumer Protection Act 1987; or iv. (d) for breach of the implied conditions as to title and quiet possession implied by the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. 10.5 Subject to clauses 10.3 and 10.4 Crown Gas & Power`s total liability in respect of all other losses arising under or in connection with this Agreement whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise shall not exceed the cost of the Gas supplied in the previous twelve (12) Contract Months or the period for which the Gas has been supplied, whichever is the shorter. 10.6 Customer shall indemnify Crown Gas & Power against all and any claims, losses, costs and charges arising out of any act or omission by the Customer in respect to its obligations under the Agreement.