Liability of BUILDER. The Supervisor and his assistant(s) shall at all times be deemed to be the employees of the BUYER and not of the BUILDER. The BUILDER shall be under no liability whatsoever to the BUYER, the Supervisor or his assistant(s) for personal injuries, including death, suffered during the time when he or they are on the VESSEL, or within the premises of either the BUILDER or its subcontractors, or are otherwise engaged in and about the construction of the VESSEL, unless, however, such personal injuries, including death, were caused by a gross negligence of the BUILDER, or of any of its employees or agents or subcontractors. Nor shall the BUILDER be under any liability whatsoever to the BUYER, the Supervisor or his assistant(s) for damage to, or loss or destruction of property in Korea of the BUYER or of the Supervisor or his assistant(s), unless such damage, loss or destruction were caused by a gross negligence of the BUILDER or of any of its employees or agents or subcontractors.
Liability of BUILDER. The Representative(s) shall at all times be deemed to be the employee(s) of Buyer and not of Builder. Builder shall be under no liability whatsoever to Buyer, or the Representative(s) for personal injuries or death, whether or not suffered during the time when he or they are on the Vessel, or within the premises of either Builder or its subcontractors, or are otherwise engaged in and about the construction of the Vessel, unless such personal injuries or death are caused by gross negligence of Builder. Without prejudice to the foregoing, in the event that such injury or death is caused by the fault (other than gross negligence) of Builder, its employees, agents or subcontractors, Buyer shall assume the liability (if any) which Builder, its employees, agents and/or subcontractors may otherwise have had in respect of or for the relevant injury or death (as the case may be). Buyer shall keep Builder, its employees, agents and subcontractors indemnified and harmless from and against all and any proceedings, costs, claims, expenses and liabilities whatsoever brought, caused or incurred by or in respect of personal injuries or death suffered as aforesaid by Buyer or the Representative(s), provided that Buyer shall have no obligation to keep Builder indemnified and harmless as prescribed above in respect of any such injuries or death caused by the gross negligence of Builder or any of its employees, agents or subcontractors.
Liability of BUILDER. The BUILDER agrees to fully protect, defend, indemnify and hold BUYER harmless from and against all liabilities, obligations, claims or actions for personal injury or death arising out of performance by BUILDER or BUYER of their obligations hereunder prior to the acceptance by BUYER of the DRILLSHIP, and asserted by or on behalf of,
(i) any employee, agent, contractor, or subcontractor of BUILDER, or
(ii) any employee of any agent, contractor, or subcontractor of BUILDER, regardless of the basis of such claims and even if such claims should arise out of the sole or concurrent fault or negligence of BUYER, or any employee, agent, contractor or subcontractor of BUYER. Similarly, the BUYER agrees to fully protect, defend, indemnify and hold BUILDER harmless from and against all liabilities, obligations, claims or actions for personal injury or death arising out of performance by BUILDER or BUYER of their obligations hereunder prior to the acceptance by BUYER of the DRILLSHIP, and asserted by or on behalf of,
(i) any employee, agent, contractor, or subcontractor of BUYER, or
(ii) any employee of any agent, contractor, or subcontractor of BUYER, regardless of the basis of such claims and even if such claims should arise out of the sole or concurrent fault or negligence of BUILDER, or any employee, agent or subcontractor of BUILDER.
Liability of BUILDER. BUILDER hereby agrees to defend, indemnify and hold harmless BUYER, its parent, holding and affiliated companies, the owner and operator of the VESSEL, their employees, directors, officers and agents, including the VESSEL and all other vessels in the same or associated ownership, against all claims, demands or causes of action, by all parties or persons whomsoever and whatsoever including, without limitation, 34 BUILDER and its employees, directors, officers, agents, contractors and subcontractors and all third persons based on personal injury, disease or death or property damage or destruction occurring prior to the delivery to and acceptance by BUYER of the VESSEL arising out of or in any way related to the performance by BUILDER or any of its contractors or subcontractors of the work hereunder, regardless of cause, including the sole or concurrent negligence or fault of BUYER, its employees, directors, officers, agents or subcontractors, or of a third party, or an event of force majeure. Notwithstanding the foregoing, the BUILDER shall be under no liability whatsoever to the BUYER, the Representative, his assistant(s) or BUYER's contractors (other than BUILDER) or invitees for personal injuries, including disease and death, suffered by the Representative, his assistant(s) or BUYER's contractors (other than BUILDER) or invitees during the time when he or they are on the VESSEL, or within the premises of either the BUILDER or its contractors or subcontractors, or are otherwise engaged in and about the construction of the VESSEL, unless such personal injuries, including disease and death, were caused by the gross negligence or willful misconduct of the BUILDER, any of its employees, agents, contractors or subcontractors. The BUILDER shall assume liability to the BUYER, the Representative and his assistant(s), BUYER's contractors (other than BUILDER) and BUYER's invitees for damage to, loss or destruction of property of the BUYER's Representative, his assistant(s), BUYER's contractors (other than BUILDER) or BUYER's invitees if such damage, loss or destruction was caused by the gross negligence or willful misconduct of the BUILDER, or of any of its employees, agents, contractors or subcontractors. For purposes of this Contract, the terms "gross negligence" and "willful misconduct" are defined as "an intentional act or omission in disregard of harmful avoidable consequences, or a reckless act or omission in disregard of harmful avoidable consequences".
Liability of BUILDER. The Authorised Representatives and Charterer Representatives shall at all times be deemed to be the employees of Buyer and Charterer respectively and not of Builder. Builder shall be under no liability whatsoever to Buyer, the Authorised Representatives or Charterer’s Representatives (such persons, collectively, the “Buyer Parties”) for personal injuries, including death, suffered during the time when they are on the Vessel, or within the premises of either Builder or its subcontractors, or are otherwise engaged in and about the construction of the Vessel, unless, however, such personal injuries, including death, were caused by the negligence or wilful misconduct of Builder, Builder’s Affiliates, Builder’s subcontractors or of any of their employees, agents or subcontractors (such persons, collectively the “Builder Parties”). Nor shall Builder be under any liability whatsoever to any Buyer Party for damage to, or loss or destruction of property belonging to any Buyer Party (other than in relation to loss or destruction of, or damage to, any of Buyer’s Supplies after delivery at the Shipyard), unless such damage, loss or destruction was caused by the gross negligence or wilful misconduct of any Builder Party. Buyer shall indemnify, hold harmless and defend Builder against any Liabilities that arise out of or are related to the aforementioned personal injury, damage, loss or destruction suffered by any Buyer Party except where such personal injury, damage, loss or destruction arises in consequence of the negligence (in the case of death or personal injury) or gross negligence (in all other cases) or wilful misconduct of any Builder Party.
Liability of BUILDER. The Representative and his assistant(s) shall at all times be deemed to be the employees of the Owner and not of the Builder.
