Common use of Liabilities and Insurance Clause in Contracts

Liabilities and Insurance. 12.1 LIABILITIES 12.1.1.1 Terminal Operator shall not be liable for any loss or damage arising from any act, event or omission occurring after delivery of Shipper’s LNG by the Terminal Operator at the Redelivery Point for Loading except to the extent caused by Terminal Operator. Without prejudice to the provision here below, Shipper shall not be liable for any loss or damage arising from any act, event or omission occurring before delivery of Shipper’s LNG by Terminal Operator at the Redelivery Point for Loading except to the extent caused by Shipper. Terminal Operator and Shipper shall and shall cause their respective employees, agents, contractors and sub-contractors to act in accordance with the standards of a Reasonable and Prudent Operator. a) Neither Party nor its Affiliates is liable, whether in contract, in tort or otherwise, to the other Party or its Affiliates for any Consequential Losses. b) In the event Terminal Operator is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Terminal Operator shall indemnify and hold harmless Shipper from and against any and all direct costs, direct losses (including loss of income) and direct expenses suffered by Shipper as a result of such breach. It is understood that payment by Terminal Operator of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Shipper and in such case no other amounts are due by Terminal Operator for the same contractual breach. c) In the event Shipper is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Shipper shall indemnify and hold harmless Terminal Operator from and against any and all direct costs, direct losses and direct expenses (including loss of income) suffered by Terminal Operator as a result of such breach. It is understood that payment by Shipper of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Terminal Operator and in such case no other amounts are due by Shipper for the same contractual breach. d) It is hereby understood that if and to the extent Other Shipper and/or an Other User is liable for any damages suffered by Shipper, Terminal Operator shall only pay damages (including Demurrage Rate) to Shipper insofar as Terminal Operator has been indemnified by Other Shipper and/or Other User who are liable for Shipper’s damages. e) Except as limited by GC 12.1.2(a), GC 12.1.2(b) and GC 12.1.4, each Party shall indemnify, hold harmless and defend the other Party from and against any claim, demand, cause of action, expense or liability whatsoever (including, but not limited to the costs of litigation, and whether arising in contract or otherwise), from or in respect of any third party, arising out of the LTA and its attachments. a) Shipper’s liability towards Terminal Operator for any and all direct damages caused to the LNG Terminal by Shipper’s actions or omissions shall not exceed a maximum amount of one hundred and fifty million (150,000,000) Euros per event. b) Terminal Operator’s liability towards Shipper for any and all direct damages caused to an LNG Ship by Terminal Operator’s actions or omissions shall not exceed a maximum amount of one hundred and fifty million (150,000,000) Euros per event. c) Without prejudice to GC 12.1.1.2 (e), to the extent that Terminal Operator’s damages arising pursuant to GC 12.1.2 (a) exceed the amount provided therein, Terminal Operator shall make no further claim from Shipper for any such damages and Terminal Operator shall indemnify, hold harmless and defend Shipper from and against any claim, demand, cause of action, expense or liability for any and all direct damages to the LNG Terminal. d) Without prejudice to GC 12.1.1.2 (e), to the extent that Shipper’s damages arising pursuant to GC 12.1.2 (b) exceed the amount provided therein, Shipper shall make no further claim from Terminal Operator for any such damages and Shipper shall indemnify, hold harmless and defend Terminal Operator from and against any claim, demand, cause of action, expense or liability for any and all direct damages to an LNG Ship. Terminal Operator shall be liable towards Shipper, up to the value of the LNG or Natural Gas as determined by application of the Zig Day-Ahead price on the Day of the loss, for any and all loss to Shipper’s LNG in the LNG Terminal, except to the extent caused by Shipper.

Liabilities and Insurance. 12.1 LIABILITIES 12.1.1.1 Terminal Operator shall not be liable for any loss or damage arising from any act, event or omission occurring after delivery of Shipper’s LNG by the Terminal Operator at the Redelivery Point for Loading except to the extent caused by Terminal Operator. Without prejudice to the provision here below, Shipper shall not be liable for any loss or damage arising from any act, event or omission occurring before delivery of Shipper’s LNG by Terminal Operator at the Redelivery Point for Loading except to the extent caused by Shipper. Terminal Operator and Shipper shall and shall cause their respective employees, agents, contractors and sub-contractors to act in accordance with the standards of a Reasonable and Prudent Operator. a) Neither Party nor its Affiliates is liable, whether in contract, in tort or otherwise, to the other Party or its Affiliates for any Consequential Losses. b) In the event Terminal Operator is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Terminal Operator shall indemnify and hold harmless Shipper from and against any and all direct costs, direct losses (including loss of income) and direct expenses suffered by Shipper Xxxxxxx as a result of such breach. It is understood that payment by Terminal Operator of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Shipper and in such case no other amounts are due by Terminal Operator for the same contractual breach. c) In the event Shipper is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Shipper Xxxxxxx shall indemnify and hold harmless Terminal Operator from and against any and all direct costs, direct losses and direct expenses (including loss of income) suffered by Terminal Operator as a result of such breach. It is understood that payment by Shipper Xxxxxxx of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Terminal Operator and in such case no other amounts are due by Shipper Xxxxxxx for the same contractual breach. d) It is hereby understood that if and to the extent Other Shipper and/or an Other User is liable for any damages suffered by Shipper, Terminal Operator shall only pay damages (including Demurrage Rate) to Shipper insofar as Terminal Operator has been indemnified by Other Shipper and/or Other User who are liable for Shipper’s damages. e) Except as limited by GC 12.1.2(a), GC 12.1.2(b) and GC 12.1.4, each Party shall indemnify, hold harmless and defend the other Party from and against any claim, demand, cause of action, expense or liability whatsoever (including, but not limited to the costs of litigation, and whether arising in contract or otherwise), from or in respect of any third party, arising out of the LTA and its attachments. a) ShipperXxxxxxx’s liability towards Terminal Operator for any and all direct damages caused to the LNG Terminal by ShipperXxxxxxx’s actions or omissions shall not exceed a maximum amount of one hundred and fifty million (150,000,000) Euros per event. b) Terminal Operator’s liability towards Shipper for any and all direct damages caused to an LNG Ship by Terminal Operator’s actions or omissions shall not exceed a maximum amount of one hundred and fifty million (150,000,000) Euros per event. c) Without prejudice to GC 12.1.1.2 (e), to the extent that Terminal Operator’s damages arising pursuant to GC 12.1.2 (a) exceed the amount provided therein, Terminal Operator shall make no further claim from Shipper for any such damages and Terminal Operator shall indemnify, hold harmless and defend Shipper from and against any claim, demand, cause of action, expense or liability for any and all direct damages to the LNG Terminal. d) Without prejudice to GC 12.1.1.2 (e), to the extent that ShipperXxxxxxx’s damages arising pursuant to GC 12.1.2 (b) exceed the amount provided therein, Shipper shall make no further claim from Terminal Operator for any such damages and Shipper shall indemnify, hold harmless and defend Terminal Operator from and against any claim, demand, cause of action, expense or liability for any and all direct damages to an LNG Ship. Terminal Operator shall be liable towards Shipper, up to the value of the LNG or Natural Gas as determined by application of the Zig Day-Ahead price on the Day of the loss, for any and all loss to Shipper’s LNG in the LNG Terminal, except to the extent caused by Shipper.

Liabilities and Insurance. 12.1 11.112.1 LIABILITIES 12.1.1.1 1.1.1 Terminal Operator shall not be liable for any loss or damage arising from any act, event or omission occurring after delivery of Shipper’s LNG by the Terminal Operator at the Redelivery Point for Loading except to the extent caused by Terminal Operator. Without prejudice to the provision here below, Shipper shall not be liable for any loss or damage arising from any act, event or omission occurring before delivery of Shipper’s LNG by Terminal Operator at the Redelivery Point for Loading except to the extent caused by Shipper. Terminal Operator and Shipper shall and shall cause their respective employees, agents, contractors and sub-contractors to act in accordance with the standards of a Reasonable and Prudent Operator. a) Neither Party nor its Affiliates is liable, whether in contract, in tort or otherwise, to the other Party or its Affiliates for any Consequential Losses. b) In the event Terminal Operator is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Terminal Operator shall indemnify and hold harmless Shipper from and against any and all direct costs, direct losses (including loss of income) and direct expenses suffered by Shipper as a result of such breach. It is understood that payment by Terminal Operator of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Shipper and in such case no other amounts are due by Terminal Operator for the same contractual breach. c) In the event Shipper is liable, whether in contract, in tort or otherwise, pursuant to a breach of any of the provisions of this LTA, Shipper shall indemnify and hold harmless Terminal Operator from and against any and all direct costs, direct losses and direct expenses (including loss of income) suffered by Terminal Operator as a result of such breach. It is understood that payment by Shipper of said direct costs, direct losses (including loss of income) and direct expenses shall be considered as final and full payment of all losses and/or damages suffered by Terminal Operator and in such case no other amounts are due by Shipper for the same contractual breach. d) It is hereby understood that if and to the extent Other Shipper and/or an Other User is liable for any damages suffered by Shipper, Terminal Operator shall only pay damages (including Demurrage Rate) to Shipper insofar as Terminal Operator has been indemnified by Other Shipper and/or Other User who are liable for Shipper’s damages. e) Except as limited by GC 12.1.2(a121.1.2(a), GC 12.1.2(b121.1.2(b) and GC 12.1.4121.1.4, each Party shall indemnify, hold harmless and defend the other Party from and against any claim, demand, cause of action, expense or liability whatsoever (including, but not limited to the costs of litigation, and whether arising in contract or otherwise), from or in respect of any third party, arising out of the LTA and its attachments. a) Shipper’s liability towards Terminal Operator for any and all direct damages caused to the LNG Terminal by Shipper’s actions or omissions shall not exceed a maximum amount of one hundred and fifty million (150,000,000) Euros per event. b) Terminal Operator’s liability towards Shipper for any and all direct damages caused to an LNG Ship by Terminal Operator’s actions or omissions shall not exceed a maximum amount of one hundred and fifty million (150,000,000) Euros per event. c) Without prejudice to GC 12.1.1.2 121.1.1.2 (e), to the extent that Terminal Operator’s damages arising pursuant to GC 12.1.2 121.1.2 (a) exceed the amount provided therein, Terminal Operator shall make no further claim from Shipper for any such damages and Terminal Operator shall indemnify, hold harmless and defend Shipper from and against any claim, demand, cause of action, expense or liability for any and all direct damages to the LNG Terminal. d) Without prejudice to GC 12.1.1.2 121.1.1.2 (e), to the extent that Shipper’s damages arising pursuant to GC 12.1.2 112.1.2 (b) exceed the amount provided therein, Shipper shall make no further claim from Terminal Operator for any such damages and Shipper shall indemnify, hold harmless and defend Terminal Operator from and against any claim, demand, cause of action, expense or liability for any and all direct damages to an LNG Ship. Terminal Operator shall be liable towards Shipper, up to the value of the LNG or Natural Gas as determined by application of the Zig Day-Ahead price on the Day of the loss, for any and all loss to Shipper’s LNG in the LNG Terminal, except to the extent caused by Shipper.