Common use of Consequential Damage Clause in Contracts

Consequential Damage. The Operator and the Shipper shall each be responsible for the consequences of any consequential damage that they may suffer, within the context of fulfilment of their respective obligations under the Contract, regardless of the perpetrator of the action that caused said consequential damage. As a result, the Operator, the Shipper and their respective insurers shall reciprocally waive the right to any recourse in respect of said consequential damage. As an exception to the principle set forth in the previous paragraph, in the event of consequential losses occurring as a result of a proven failure by the Operator to meet its contractual obligations, the Operator's liability may be incurred with regard to the Shipper on the basis of the payment by the Shipper of indemnities to third parties (in particular in the event of sale/resale to the Transmission System Operators in the event of imbalance in the TRS Balancing Zone or costs invoiced by another terminal to receive Cargoes refused by the Terminal). In the same way, if consequential damage occurs as a result of a proven shortcoming by the Shipper with regard to its contractual obligations, the liability of the Shipper may be incurred on the basis of the payment of indemnities to these third parties by the Operator.

Consequential Damage. The Operator, the Terminal Operator and the Shipper shall each be responsible for the consequences of any consequential damage that they may suffer, within the context of fulfilment of their respective obligations under the Contract, regardless of the perpetrator of the action that caused said consequential damage. As a result, the Operator, the Terminal Operator, the Shipper and their respective insurers shall reciprocally waive the right to any recourse in respect of said consequential damage. As an exception to the principle set forth in the previous paragraph, in the event of consequential losses occurring as a result of a proven failure by the Operator to meet its contractual obligations, the Operator's liability may be incurred with regard to the Shipper on the basis of the payment by the Shipper of indemnities to third parties (in particular in the event of sale/resale to the Transmission System Operators in the event of imbalance in the TRS Balancing Zone or costs invoiced by another terminal to receive Cargoes refused by the Terminal)parties. In the same way, if consequential damage occurs as a result of a proven shortcoming by the Shipper with regard to its contractual obligations, the liability of the Shipper may be incurred on the basis of the payment of indemnities to these third parties by the Operator.