Common use of INSURANCE, LIABILITY AND INDEMNITY Clause in Contracts

INSURANCE, LIABILITY AND INDEMNITY. 8.1 The Company shall maintain in full force and effect during the term of the Programme such policy or policies of insurance as it considers reasonably appropriate to cover the risks associated with performance of the Programme, but which does not limit the amount that can be claimed in respect of a single claim for bodily injury and/or property damage to third parties including passengers and/or passenger’s baggage and/or cargo. 8.2 Nothing in these conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, or that of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 8.3 Subject to Condition 8.2, the Company’s total liability to the Charterer in respect of all other losses arising under or in connection with the Programme and the contract for charter of the Aircraft, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Price. 8.4 The Company shall not be liable to the Charterer, whether in contract, tort (including negligence), breach of statutory, or otherwise, for any loss of profit, or any indirect or consequential loss of any type arising under or in connection with these Conditions, the Programme or the contract for the charter of the Aircraft. 8.5 The Company will not have any liability whatever to third parties, and the Charterer shall indemnify and hold the Company harmless against any loss, damage, costs, claims and expenses of any kind in respect of any liability whatsoever to third parties, in each case in so far as such liability arises wholly or partly out of any of the following: (a) any breach of contract by the Charterer (including in particular, without limitation, the Charterer’s failure to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme); (b) any wrongful or negligent act or omission of the Charterer or its employees, agents or sub-contractors or any passenger or owner of baggage or cargo carried at the Charterer’s request; (c) any damage to, destruction of or loss of use of any property supplied by or at the request of the Charterer and in the care, custody or control of the company. (d) Any aircraft damage, destruction of or loss of use of aircraft supplied by the request of the Charterer and in the care, custody or control of the company.

INSURANCE, LIABILITY AND INDEMNITY. 8.1 The Company shall maintain in full force and effect during the term of the Programme such policy or policies of insurance as it considers reasonably appropriate to cover the risks associated with performance of the Programme, but which does not limit the amount that can be claimed in respect of a single claim for bodily injury and/or property damage to third parties including passengers and/or passenger’s baggage and/or cargocargo to less than £15,000,000. 8.2 Nothing in these conditions Conditions shall limit or exclude the Company’s 's liability for death or personal injury caused by its negligence, or that of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. Carriage by the Company is conditional upon the rules and limitations relating to liability established by the Liability Conventions unless such carriage is not international carriage to which the Liability Conventions apply, in which case any other applicable law shall apply. The limit and scope of liability for the Company is set out in the Liability Conventions. 8.3 Subject to Condition 8.2, the Company’s 's total liability to the Charterer in respect of all other losses arising under or in connection with the Programme and the contract for charter of the Aircraft, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Price. 8.4 The Company shall not be liable to the Charterer, whether in contract, tort (including negligence), breach of statutorystatutory duty, or otherwise, for any punitive damages, loss of profit, or any indirect or consequential loss of any type arising under or in connection with these Conditions, the Programme or the contract for the charter of the Aircraft. 8.5 The Company will not have any liability whatever to third parties, and the Charterer shall indemnify and hold the Company harmless against any loss, damage, costs, costs claims and expenses of any kind in respect of any liability whatsoever to third parties, in each case in so far as such liability arises wholly or partly out of any of the following: (a) any breach of contract by the Charterer (including in particular, without limitation, the Charterer’s failure to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme); (b) any wrongful or negligent act or omission of the Charterer or its employees, agents or sub-contractors or any passenger or owner of baggage or cargo carried at the Charterer’s 's request; (c) any damage to, destruction of or loss of use of any property (other than the Aircraft itself and baggage and cargo covered by Condition 8.1 hereof) supplied by or at the request of the Charterer and in the care, custody or control of the companyCompany. (d) Any aircraft damage, destruction of or loss of use of aircraft supplied by the request of the Charterer and in the care, custody or control of the company.

INSURANCE, LIABILITY AND INDEMNITY. 8.1 (a) Tenant shall throughout the demised term, at its sole cost and expense, provide and keep in force with responsible insurance companies satisfactory to Landlord and to any mortgagee under a mortgage constituting a lien upon the demised premises, public liability and property damage insurance. The Company liability limits of all said insurance shall be a minimum of $1,000,000 Bodily Injury, $1,000,000 Property Damage or a combined single limit of $1,000,000, protecting Landlord and any such mortgagee, as well as Tenant against liability to any employees or servants of Tenant or to any other person whomsoever arising out of or in connection with Tenant's use of the leased premises of the condition of the leased premises. Tenant is to furnish Landlord with a Certificate of Insurance within 30 days after commencement of this Lease, or Landlord may provide same and charge Tenant on its normal monthly billing. Landlord shall be named as additional insured to tenant's policy. (b) Landlord shall procure and maintain in full force and effect at all times during the term of the Programme such this Lease a policy or policies of insurance as it considers reasonably appropriate covering loss or damage to cover the risks associated with performance premises (exclusive of Tenant's trade fixtures, equipment, and personal property), providing protection against all perils included within the Programmeclassification of "All Risk". (c) Tenant shall indemnify and hold harmless Landlord from all loss, but which does not limit the amount that can be claimed in respect of a single claim for bodily injury and/or damage, liability or expense, including attorneys fees, resulting from any property damage or injury to any person, employee, agent, contractor, invitee or visitor of Tenant in or about the premises or the building. The foregoing provision shall not be construed to make Tenant responsible for loss, damage, liability or expense resulting from injuries to third parties including passengers and/or passenger’s baggage and/or cargo. 8.2 Nothing in these conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligenceany act, omission or that negligence of its employeesLandlord or of any officer, agents employee, agent, contractor, invitee or subcontractors, or for fraud or fraudulent misrepresentation. 8.3 Subject to Condition 8.2, the Company’s total liability to the Charterer in respect visitor of all other losses arising under or in connection with the Programme and the contract for charter of the Aircraft, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Price. 8.4 The Company Landlord. Landlord shall not be liable to the Charterer, whether in contract, tort (including negligence), breach of statutory, or otherwise, for any loss of profitor damage to person or property sustained by Tenant, or other persons, which may be caused by the building or the premises, or any indirect appurtenances thereto, being out of repair; or consequential loss by the bursting or leakage of any type arising under water, gas, sewer or in connection with these Conditionssteam pipe, the Programme or the contract for the charter by nature, or by theft or by any act of neglect of any Tenant or occupant of the Aircraft. 8.5 The Company will not have any liability whatever to third partiesbuilding, and the Charterer shall indemnify and hold the Company harmless against any loss, damage, costs, claims and expenses or of any kind in respect of other person, or by any liability whatsoever to third partiesother cause whatsoever, in each case in so far as such liability arises wholly or partly out of any unless caused by the willful neglect of the following: (a) any breach of contract by the Charterer (including in particular, without limitation, the Charterer’s failure to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme); (b) any wrongful or negligent act or omission of the Charterer or its employees, agents or sub-contractors or any passenger or owner of baggage or cargo carried at the Charterer’s request; (c) any damage to, destruction of or loss of use of any property supplied by or at the request of the Charterer and in the care, custody or control of the companyLandlord. (d) Any aircraft damageAll personal property of any kind or description whatsoever in the demised premises shall be at the Tenant's sole risk, destruction of and the Landlord shall not be held liable for any damage done to or loss of use of aircraft supplied by such personal property or to the request business of the Charterer and in the care, custody or control of the companyTenant.

INSURANCE, LIABILITY AND INDEMNITY. 8.1 6.1 The Company shall maintain procure that the following insurance is in full force and effect during the term of the Programme such policy or policies of insurance as it considers reasonably appropriate to cover the Programme: (a) All risks associated with performance of the Programme, but which does not limit the amount that can be claimed in respect of a single claim for bodily injury and/or property damage to the Aircraft (b) Liability to third parties including and passengers and/or passenger’s baggage and/or cargoarising out of the operation of the Aircraft (c) Baggage and cargo (loss and damage) insurance cover up to a maximum per Passenger per Programme of $10,000.00 unless otherwise expressly agreed in advance in writing by the Company. 8.2 Nothing 6.1.1 There shall be no contractual limit upon the amount of the compensation which the Company can be ordered to pay in these conditions shall limit respect of any passenger killed or exclude injured in the Company’s liability course of the Programme in circumstances where the Company is held legally liable for such event, save in the circumstances set out in Clause 6.1.2 below. 6.1.2 Where the Company can prove that it and its agents have taken all necessary measures to avoid death or personal injury caused by to its negligencepassengers, or that of its employees, agents or subcontractors, or it was impossible for fraud or fraudulent misrepresentation. 8.3 Subject the Company to Condition 8.2have taken any such measures identified, the Company’s total Company hereby limits its maximum liability to the Charterer in respect of all other losses arising under or in connection with the Programme and the contract for charter of the Aircraft, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Pricemaximum extent permitted by applicable laws. 8.4 The 6.2 Save as expressly stipulated herein, the Company shall not be liable to the Charterer, Charterer in any manner whatever (whether in contract, tort (including negligence), breach of statutory, or otherwise, for any loss of profit, or any indirect or consequential loss ) in respect of any type loss, damage or injury, whether direct, indirect, economic, consequential or of any other kind whatever, however arising under out of or in such connection with any agreement to which these Conditions, the Programme or the contract for the charter of the AircraftConditions apply. 8.5 6.3 The Company will not have any liability whatever to third parties, and the Charterer shall will indemnify and hold keep indemnified the Company harmless against any loss, damage, costs, claims and expenses of any kind incurred by the Company in respect of any liability whatsoever to third parties, in each case in so far as such liability arises wholly or partly out of any of the following: (a) any breach of contract by the Charterer (including Charterer(including in particular, without limitation, the Charterer’s failure to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme); (b) as a result of any recklessness or wilful damage caused by or any wrongful or negligent act or omission of the Charterer or its employees, agents servants or agents, sub-contractors or any passenger or owner of baggage or cargo goods carried at the Charterer’s requestits request or with its authority; (c) any damage to, destruction of or loss of use of any property (other than the Aircraft itself and baggage and cargo covered by Clause 6.1 (c) hereof) supplied by or at the request of the Charterer and in the care, custody or control of the company.Company; and (d) Any aircraft damageas a result of the Charterer, destruction of its employees, servant or loss of use of aircraft supplied by agents, sub-contractors or any passenger carried at the request of or with the authority of the Charterer not being in possession of any identity document, visa, health certificate or other document required by any stopping place on the Programme. 6.4 The Company’s total liability to the Charterer in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising out of or in connection with any agreement to which these Conditions apply shall be limited to the Contract Price and in no circumstances shall the careCompany be liable for any economic, custody consequential, or control of indirect loss or damage suffered by the companyCharterer. Nothing in the Agreement shall exclude or limit the Company’s liability for negligence causing death or personal injury.

INSURANCE, LIABILITY AND INDEMNITY. 8.1 The Company shall maintain in full force and effect during the term of the Programme such policy or policies of insurance as it considers reasonably appropriate to cover the risks associated with performance of the Programme, but which does not limit the amount that can be claimed in respect of a single claim for bodily injury and/or property damage to third parties including passengers and/or passenger’s baggage and/or cargocargo to less than £15,000,000. 8.2 Nothing in these conditions Conditions shall limit or exclude the Company’s 's liability for death or personal injury caused by its negligence, or that of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 8.3 Subject to Condition 8.2, the Company’s 's total liability to the Charterer in respect of all other losses arising under or in connection with the Programme and the contract for charter of the Aircraft, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Price. 8.4 The Company shall not be liable to the Charterer, whether in contract, tort (including negligence), breach of statutorystatutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss of any type arising under or in connection with these Conditions, the Programme or the contract for the charter of the Aircraft. 8.5 The Company will not have any liability whatever to third parties, and the Charterer shall indemnify and hold the Company harmless against any loss, damage, costs, claims and expenses of any kind in respect of any liability whatsoever to third parties, in each case in so far as such liability arises wholly or partly out of any of the following: (a) any breach of contract by the Charterer (including in particular, without limitation, the Charterer’s failure to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme); (b) any wrongful or negligent act or omission of the Charterer or its employees, agents or sub-contractors or any passenger or owner of baggage or cargo carried at the Charterer’s 's request; (c) any damage to, destruction of or loss of use of any property (other than the Aircraft itself and baggage and cargo covered by Condition 8.1 hereof) supplied by or at the request of the Charterer and in the care, custody or control of the companyCompany. (d) Any aircraft damage, destruction of or loss of use of aircraft supplied by the request of the Charterer and in the care, custody or control of the company.

INSURANCE, LIABILITY AND INDEMNITY. 8.1 The Company 15.1 Customer shall maintain in full force and effect during the term of the Programme such policy or policies of carry insurance as it considers reasonably appropriate to cover the risks associated with performance of the Programmecovering Product inventories, but which does not limit the amount that can if any be claimed in respect of a single claim for bodily injury and/or property damage to third parties including passengers and/or passenger’s baggage and/or cargodesired by Customer, at its own expense. 8.2 Nothing in these conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, or that of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 8.3 Subject to Condition 8.2, the Company’s total liability to the Charterer in respect of all other losses arising under or in connection with the Programme and the contract for charter of the Aircraft, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charter Price. 8.4 The Company 15.2 Owner shall not be liable to the Charterer, whether in contract, tort (including negligence), breach of statutory, or otherwise, for any loss of profit, or any indirect or consequential loss of any type arising under or in connection with these Conditions, the Programme or the contract for the charter of the Aircraft. 8.5 The Company will not have any liability whatever to third parties, and the Charterer shall indemnify and hold the Company harmless against any loss, damage, costs, claims and expenses of any kind in respect of any liability whatsoever to third parties, in each case in so far as such liability arises wholly or partly out of any of the followingfor: (a) any breach loss of contract Customer’s Product due to evaporation, shrinkage, line loss and clingage of product handled by Owner during the Charterer (including in particular, without limitation, Term except to the Charterer’s failure extent such losses are due to provide equipment, materials, accessories, or ground services or facilities reasonably suitable for the Programme);fault of Owner and as otherwise specifically provided herein: (b) loss of Customer’s product associated with customer approved Product flushing to eliminate residual particles or other contaminants from pipelines, tanks valves or pumps; and or damages arising from any Force Majeure Event. 15.3 To the extent permitted by law, the Parties shall indemnify and hold each other, and each others’ parents and affiliates, and its and their officers, directors, managers, employees, members, stockholders and representatives harmless from and against any loss or liability, including legal expenses, arising out of or associated with any claim or cause of action arising from the indemnifying Party’s negligent or willful actions or omissions in the exercise of the privileges herein granted and obligations herein undertaken, for loss of or damage to property or natural resources, violation of any governmental laws, regulations, or orders, or injury to or death of persons including not by limitation Customer’s and Owner’s property and employees, contractors, agents and other representatives, in whole or in part caused by, resulting from, growing out of, or incidental to the indemnifying Party’s negligent or wrongful actions or omissions. The indemnifying Party shall, at the option of the non-indemnified Party defend the indemnified Party at the indemnifying Party’s sole cost and expense in any litigation or administrative enforcement action involving the same; provided, however, that such indemnification and hold harmless shall not apply to claims for loss, damage, injury, or death, to the extent same arise out of indemnified Party’s negligent acts or omissions or willful actions or omissions. Terminaling Services Agreement – Commingled Products – Fuel Streamers, Inc. 15.4 Notwithstanding any other provisions of this Agreement to the contrary, Owner, as operator, of the Terminal shall indemnify Customer against and hold Customer harmless from all environmental claims, demands, actions, losses, damages, expenses, fees, fines, penalties, costs and liabilities of any nature or kind arising from Owner’s operation of the Terminal except to the extent that such claims, demands, actions, looses, damages, expenses, fees, fines, penalties, costs or liabilities arise out of Customer’s negligent or willful act or omission omission. 15.5 THE PARTIES AGREE THAT WHERE THE PERSONAL INJURY TO OR DEATH OF ANY PERSON, OR LOSS OF OR DAMAGE TO PROPERTY IS THE RESULT OF THE JOINT OR CONCURRENT NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF OWNER AND CUSTOMER, EACH PARTY’S DUTY OF INDEMNIFICATION SHALL BE IN PROPORTION TO ITS SHARE OF SUCH JOINT OR CONCURRENT NEGLIGENCE, OR WILLFUL ACTS OR OMISSIONS. 15.6 Neither Party shall be liable to the other under any circumstances for special, indirect or consequential damages, punitive damages, loss of the Charterer or its employees, agents or sub-contractors or any passenger or owner of baggage or cargo carried at the Charterer’s request; (c) any damage to, destruction of profits or loss of use of any property supplied by or at new business. EXECUTED the request of the Charterer day and in the careyear first above written. INTERCONTINENTAL FUELS, custody or control of the company. (d) Any aircraft damageLLC. By: /s/ Mxxxxxx X. Xxxxxx, destruction of or loss of use of aircraft supplied by the request of the Charterer and in the careGeneral Manger FUEL STREAMERS, custody or control of the company.INC By: /s/