Common use of Contravention of this Agreement Clause in Contracts

Contravention of this Agreement. Subject to Clause 16.4, and without prejudice to any indemnity provided under this Agreement, Project Co shall be liable to the Transporter, and the Transporter shall be liable to Project Co, for any Loss which has been suffered as a result of the breach by the Party liable for any one or more of its obligations under this Agreement, provided that the Transporter shall not have any liability pursuant to this Clause 16.1 if the relevant breach of this Agreement (i) occurred despite the Transporter having acted as a Reasonable and Prudent Operator and/or (ii) was committed in accordance with the express instruction of Project Co.