Crew Managers' liability to Owners. Without prejudice to 297 sub-clause 12.1 the Crew Managers shall be under no liability 298 whatsoever to the Owners for any loss, damage, delay or expense 299 of whatsoever nature, whether direct or indirect (including but 300 not limited to loss of profit arising out of or in connection with 301 detention of or delay to the Vessel) and howsoever arising in the 302 course of performance of the Crew Management Services 303 UNLESS same is proved to have resulted solely from the 304 negligence, gross negligence or wilful default of the Crew 305 Managers or any of their employees or agents, or sub-contractors 306 employed by them in connection with the Vessel, in which case 307 (save where loss, damage, delay or expense has resulted from 308 the Crew Managers' personal act or omission committed with 309 the intent to cause same or recklessly and with knowledge that 310 such loss, damage, delay or expense would probably result) the 311 Crew Managers' liability for each incident or series of incidents 312 giving rise to a claim or claims shall never exceed a total of ten 313 (10) times the equivalent annual fee payable hereunder. 314
Crew Managers' liability to Owners. Without prejudice to 490 Sub-clause 10.1 the Crew Managers shall be under no 491 liability whatsoever to the Owners for any loss, damage, 492 delay or expense of whatsoever nature, whether direct or 493 indirect (including but not limited to loss of profit arising out of 494 or in connection with detention of or delay to the Vessel) and 495 howsoever arising in the course of performance of the Crew 496 Management Services UNLESS same is proved to have 497 resulted solely from the negligence, gross negligence or 498 wilful default of the Crew Managers or any of their employees 499 or agents, or sub-contractors employed by them in 500 connection with the Vessel, in which case (save where loss, 501 damage, delay or expense has resulted from the Crew 502 Managers’ personal act or omission committed with the intent 503 to cause same or recklessly and with knowledge that such 504 loss, damage, delay or expense would probably result) the 505 Crew Managers’ liability for each incident or series of 506 incidents giving rise to a claim or claims shall never exceed a 507 total of one (1) monthly lump sum payable hereunder. 508 10.3 Acts or omissions of the Crew — Notwithstanding anything 509 that may appear to the contrary in this Agreement, the Crew 510 Managers shall not be liable for any act or omission of the 511 Crew, even if such acts or omissions are negligent, grossly 512 negligent or willful, except only to the extent that they are 513 shown to have resulted from a failure by the Crew Managers 514 to discharge their obligations under Clause 4, in which case 515 their liability shall be limited in accordance with the terms of 516 this Clause 10.
Crew Managers' liability to Owners. Without prejudice 283 to sub-clause 10.1 the Crew Managers shall be under no liability 284 w hatsoev er to the Ow ners for any loss, damage, delay or 285 ex pense of w hatsoev er nature, w hether direct or indirect 286 (including but not limited to loss of profit arising out of or in 287 connection w ith detention of or delay to the Vessel) and 288 how soev er arising in the course of performance of the Crew 289 Management Serv ices UNLESS same is prov ed to hav e resulted 290 solely from the negligence, gross negligence or w ilful default of 291 the Crew Managers or any of their employ ees or agents, or sub- 292 contractors employ ed by them in connection w ith the Vessel, in 293 w hich case (sav e w here loss, damage, delay or ex pense has 294 resulted from the Crew Managers' personal act or omission 295 committed w ith the intent to cause same or recklessly and w ith 296 WORKING COPY know ledge that such loss, damage, delay or ex pense w ould 297 probably result) the Crew Managers' liability for each incident or series 298 of incidents giv ing rise to a claim or claims shall nev er ex ceed a total 299 of six (6) times the monthly lump sum pay able hereunder. 300
Crew Managers' liability to Owners. Without prejudice 283 the Crew. Such information shall be maintained and be readily 347 to sub-clause 10.1 the Crew Managers shall be under no liability 284 accessible and include, without being limited to, documentation 348 whatsoever to the Owners for any loss, damage, delay or 285 expense of whatsoever nature, whether direct or indirect 286 (including but not limited to loss of profit arising out of or in 287 connection with detention of or delay to the Vessel) and 288 and data on Crew experience, training, medical fitness and 349 competence in assigned duties. 350
Crew Managers' liability to Owners. Without prejudice to 297 The Owners shall have the right to require the replacement, at 278 Managers are entitled hereunder shall also be available and shall 348 their own expense, at the next reasonable opportunity, of any 279 extend to protect every such employee or agent of the Crew 349 member of the Crew found on reasonable grounds to be 280 Managers acting as aforesaid and for the purpose of all the 350 unsuitable for service. If the Crew Managers have failed to 281 foregoing provisions of this Clause the Crew Managers are or 351 fulfil their obligations in providing suitably qualified Crew within 282 shall be deemed to be acting as agent or trustee on behalf of 352 the meaning of sub-clause 3.1, then such replacement shall 283 and for the benefit of all persons who are or might be his servants 353 be at the Crew Managers' expense. 284 or agents from time to time (including sub-contractors as 354 aforesaid) and all such persons shall to this extent be or be 355 deemed to be parties to this Agreement. 356
