Exceptions to no Shipper liability) Clause Samples
Exceptions to no Shipper liability). The exclusion of liability of the Shipper under clause 27.1(a) does not apply to:
(i) liability arising from any criminal act or fraud on the part of the Shipper or any of its Related Bodies Corporate or their respective officers or employees;
(ii) liability arising from any Wilful Misconduct on the part of the Shipper or any of its Related Bodies Corporates or their respective officers or employees;
(iii) liability arising from any loss of or damage to third party property or injury to, disease or death of a natural person which has been caused or contributed to by the Shipper or any of its Associates;
(iv) liability to pay the Transporter the Pipeline Charges (including any Pipeline Charges that would have been payable by the Shipper to the Transporter under this agreement but for the termination of this agreement by the Transporter for a Financial Default or Non-Financial Default of the Shipper or the wrongful termination or repudiation of this agreement by the Shipper);
(v) liability of the Shipper under this agreement to pay the Transporter any interest under clause 36.1; or
(vi) the extent that the parties cannot, by law, limit or exclude the relevant liability.
