Exclusions from Liability. Subject to clause 20.4, the Operator and Customer exclude all liability to each other for any loss or damage which is either: (a) caused by and to the extent of a Force Majeure Event; or (b) consequential or indirect loss or damage whether arising in contract, tort, statute or otherwise even if: (i) the Parties knew they were possible; or (ii) they were otherwise foreseeable, including, without limitation, loss of revenue, income, profits, market, interest or hire, fiscal loss or loss on currency exchange.
Appears in 4 contracts
Samples: Terminal Services Agreement, Terminal Services Agreement, Terminal Services Agreement
Exclusions from Liability. β Subject to clause 20.421.4, the Operator and Customer exclude all liability to each other for any loss or damage which is either:
(a) caused by and to the extent of a Force Majeure Event; or
(b) consequential or indirect loss or damage whether arising in contract, tort, statute or otherwise even if:
(i) the Parties knew they were possible; or
(ii) they were otherwise foreseeable, including, without limitation, loss of revenue, income, profits, market, interest or hire, fiscal loss or loss on currency exchange.
Appears in 1 contract
Samples: Terminal Services Agreement