Himalaya Clause. The Customer:
(a) must include in all its contracts of carriage for Containers or Cargo loaded or discharged at the Terminal, provisions whereby every sub-contractor of the Customer (including the Operator and each of the Operator’s sub-contractors):
(i) shall have the benefit of any provision in such contract which limits the Customer’s liability relating to such carriage (including, without limitation, any liability caps or limitation periods), and the Operator hereby appoints the Customer as its agent only for such limited purpose; and
(ii) shall not be liable to any party other than the Customer in relation to Cargo and, without prejudice to the liability of the Operator to the Customer and the Customer’s rights of indemnity under this Agreement, the Customer hereby indemnifies the Operator and each of the Operator’s sub-contractors and shall hold them harmless against any claim by a third party relating to Cargo.
(b) acknowledges that the Operator has agreed with its sub-contractors that they will enjoy the benefit of the exclusion and limitation of liability terms agreed with the Customer pursuant to this Agreement and accordingly agrees that:
(i) the exclusions and limitations of the Operator’s liability in clauses 18 and 20 of this Agreement shall benefit the Operator's sub-contractors, all employees and agents of the Operator or of any sub-contractor and anyone else who is vicariously liable for acts or omissions of any such person; and
(ii) for the purposes of this sub-clause (b) only, the Operator enters into this Agreement as agent for all such persons who shall be treated as if they were parties to this Agreement.
Himalaya Clause. It is hereby expressly agreed that no employee of the Agent (including every sub-contractor from time to time employed by the Agent) shall in any circumstances whatsoever be under any liability whatsoever to the Principal for any expense, loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect, or default on its part while acting in the course of or in connection with its employment and, without prejudice to the generality of the foregoing provisions in this Clause 19(ii), every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Agent or to which the Agent is entitled hereunder shall also be available and shall extend to protect every such employee or sub- contractor acting as aforesaid and for the purpose of all the foregoing provisions of this Clause 19 the Agent is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its servants or agents from time to time (including sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.
Himalaya Clause. All exceptions, exemptions, defences, immunities, limitations of liability, indemnities, privileges and conditions granted provided by this Agreement for the benefit of the Owner or the Hirer shall also apply to and be for the benefit of their respective sub-contractors, operators, Masters, Officers and crews and to and be for the benefit of all bodies corporate, parent of, subsidiary to, affiliated with or under the same management as either of them, as well as all Directors, Officers, servants and agents of the same and to and be for the benefit of all parties performing services within the scope of this Agreement for or on behalf of the Owner or the Hirer as servants, agents and sub-contractors of such parties. The Owner or the Hirer shall be deemed to be acting as agent or trustee of and for the benefit of all such persons and entities of the vessels set forth above but only for the limited purpose of contracting for the extension of such benefits to such persons ,bodies and vessels.
Himalaya Clause. Any bills of lading issued under this Charter shall incorporate the following Himalaya Clause: “It is hereby expressly agreed that no servant or agent of the carrier (including every independent contractor from time to time employed by the carrier) shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee or owner of the goods or to any holder of this xxxx of lading for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, but without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the carrier acting as aforesaid and for the purpose of all the foregoing provisions of this clause the carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this xxxx of lading.”
Himalaya Clause. Customer shall include Empire or arrange to have it included as an express beneficiary, to the extent of the Services provided, of ail rights, immunities and limitation of liability provisions of ail contracts of affreightment or contracts of carriage, as evidenced by its or carrier's standard bills of lading, issued by Customer or the carrier during the effective period of these Conditions. Whenever the customary rights, immunities and/or liability limitations are waived or omitted by Customer, the Customer agrees to indemnify, defend and hold harmless Empire, its officers, directors, managers, employees and authorized agents against any resultant increase in liability. ln the event Customer is not the carrier of Goods to be handled by Empire, Customer expressly agrees that all the rights, immunities and liability limitations contained in a carrier's applicable bill of lading shall inure to the benefit of Empire. Customer agrees that in no event shall Empire have any liability in excess of that of the carrier respecting loss or damage of Goods and agrees to indemnify, defend and hold harmless Empire, its officers, directors, managers, employees and authorized agents from any liability incurred by Empire in excess of that of the carrier respecting loss or damage to Goods.
Himalaya Clause. 6.1 The Carrier is entitled to sub-contract on any terms all or part of its obligations contained within this Agreement.
6.2 If an action for Loss arising from or in connection with the Goods is brought against an officer, employee, agent or Sub- contractor of the Carrier, such person will be entitled to avail itself of the defences and limits of liability which the Carrier is entitled to invoke under this Agreement.
6.3 The Carrier has authority from every officer, employee, agent and Sub-contractor to invoke the benefit of all provisions of this Agreement benefitting the Carrier as if such provisions were expressly for their benefit.
6.4 Subject to clause 9.2, the Customer undertakes that no claim or allegation will be made against any officer, employee, agent or Sub-contractor of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, and if any such claim or allegation should nevertheless be made the Customer agrees to indemnify the Carrier against all claims made.
Himalaya Clause. 18.1 It is hereby expressly agreed that no employee, servant, agent, direct or indirect subcontractor of either party to this Agreement “First Party” shall in any circumstances whatsoever be under any liability whatsoever to the other party to this Agreement “Second Party” for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with the performance of this Agreement.
18.2 Without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty contained herein and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the First Party or to which the First Party is entitled hereunder shall also be available and shall extend to every such employee, servant, agent, direct or indirect subcontractor who shall be entitled to enforce the same against the Second Party.
Himalaya Clause. Because OBL requires persons and companies to assist it in the performance of the work and services undertaken by it in connection with the carriage of cargo described herein, it is expressly agreed between OBL and SHIPPER that any person or equipment employed by OBL in the performance of all or any of the services undertaken by OBL hereunder shall each be a beneficiary of this CONTRACT and shall be entitled to all rights and immunities, limitations of value and limitations of liability that are offered to OBL under this CONTRACT and/or any pertinent statute of the United States.
Himalaya Clause. It is hereby expressly agreed that no employee or agent of UP (including every sub-contractor from time to time employed by UP) shall in any circumstances whatsoever be under any liability whatsoever to NDS for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing provisions in this Article, every exemption, limitations, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to UP or to which UP are entitled hereunder shall also be available and shall extend to protect every such employee or agent of UP acting as aforesaid and for the purpose of all the foregoing provisions of this Article UP is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be their servants or agents from time to time (including sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.
Himalaya Clause. 5.1 The Carrier is entitled to sub-contract on any terms all or part of its obligations contained within this Agreement.
5.2 If an action for Loss arising from or in connection with the Goods is brought against an employee, agent or Sub- contractor of the Carrier, such person will be entitled to avail itself of the defences and limits of liability which the Carrier is entitled to invoke under this Agreement.
5.3 The Carrier has authority from every employee, agent and Sub-contractor to invoke the benefit of all provisions of this Agreement benefitting the Carrier as if such provisions were expressly for their benefit.
5.4 The Customer undertakes that no claim or allegation will be made against any employee, agent or Sub-contractor of the Carrier which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, whether or not arising out of negligence, recklessness, a wilful act or omission on the part of any of them and if any such claim or allegation should nevertheless be made the Customer agrees to indemnify the Carrier against all claims made.
