Common use of HIMALAYA Clause in Contracts

HIMALAYA. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager (including every sub-contractor form time to time employed by the Manager) shall, in any circumstances whatsoever, be under any liability whatsoever to the Owner 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. 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 Manager or to which the Manager is entitled hereunder, shall also be available and shall extend to protect every such employee or agent of the Manager acting as aforesaid. For the purpose of all the foregoing provisions of this clause, the Manager 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 sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.

HIMALAYA. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager Managers (including every sub-sub- contractor form from time to time employed by the ManagerManagers) shall, shall in any circumstances whatsoever, whatsoever be under any liability whatsoever to the Owner Owners 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, of or in connection with his employment. Without employment and, without prejudice to the generality of the foregoing provisions in this clauseClause 11, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense defence and immunity of whatsoever nature applicable to the Manager Managers or to which the Manager is Managers are entitled hereunder, hereunder shall also be available and shall extend to protect every such employee or agent of the Manager Managers acting as aforesaid. For aforesaid and for the purpose of all the foregoing provisions of this clause, Clause 11 the Manager is Managers are 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 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. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager (including every sub-contractor subcontractor form time to time employed by the Manager) shall, in any circumstances whatsoever, be under any liability whatsoever to the Owner 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. 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 Manager or to which the Manager is entitled hereunder, shall also be available and shall extend to protect every such employee or agent of the Manager acting as aforesaid. For the purpose of all the foregoing provisions of this clause, the Manager 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 sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.

HIMALAYA. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager (including every sub-contractor form time to time employed by the Manager) shall, in any circumstances whatsoever, be under any liability whatsoever to the Owner 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. 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 Manager or to which the Manager is entitled hereunder, shall also be available and shall extend to protect every such employee or agent of the Manager acting as aforesaid. For the purpose of all the foregoing provisions of this clause, . the Manager 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 sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.

HIMALAYA. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager Managers (including every sub-contractor form from time to time employed by the ManagerManagers) shall, shall in any circumstances whatsoever, whatsoever be under any liability whatsoever to the Owner Owners 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, of or in connection with his employment. Without employment and, without prejudice to the generality of the foregoing provisions in this clauseClause 11, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Manager Managers or to which the Manager is Managers are entitled hereunder, shall also be available and shall extend to protect every such employee or agent of the Manager Managers acting as aforesaid. For aforesaid and for the purpose of all the foregoing provisions of this clauseClause 11, the Manager is Managers are 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 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. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager (including every sub-contractor form time to time employed by the Manager) shall, in any circumstances whatsoever, be under any liability whatsoever to the Owner 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. Without prejudice to the generality of the foregoing provisions in this clauseclause , every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Manager or to which the Manager is entitled hereunder, shall also be available and shall extend to protect every such employee or agent of the Manager acting as aforesaid. For the purpose of all the foregoing provisions of this clause, the Manager 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 sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.

HIMALAYA. “Himalaya”. It is hereby expressly agreed that no employee or agent of the Manager (Manager, including every sub-contractor form from time to time employed by the Manager) shall, shall in any circumstances whatsoever, whatsoever be under any liability whatsoever to the Owner Company for any loss, damage 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. Without employment and, unless due to the gross negligence or wilful misconduct, without prejudice to the generality of the foregoing provisions in this clauseforegoing, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense defence and immunity of whatsoever nature applicable to the Manager or to which the Manager is entitled hereunder, shall also be available and shall extend to protect every such employee or agent of the Manager acting as aforesaid. For aforesaid and for the purpose of all the foregoing provisions of this clause, Clause 10 the Manager 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 of agents from time to time (time, including sub-contractors as aforesaid) contractors, and all such persons shall to this extent be or be deemed to be parties to this Agreement.