Common use of Liability of BUILDER and BUYER Clause in Contracts

Liability of BUILDER and BUYER. The Representative and his assistant(s) and personnel of BUYER’s subcontractors 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 Representative or his assistant(s), and the BUYER’s subcontractors and personnel of BUYER’s subcontractors, and the BUYER shall keep the BUILDER harmless 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 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 Representative or his assistant(s) and the BUYER’s subcontractors and personnel of BUYER’s subcontractors for damage to, or loss or destruction of property of the BUYER or of the Representative or his assistant(s) or the BUYER’s subcontractors and personnel of BUYER’s subcontractors unless such damage, loss or destruction were caused by gross negligence of the BUILDER, or of any of its employees or agents or Subcontractors. The BUYER, the Representative and his assistants, and the BUYER’s subcontractors and personnel of BUYER’s subcontractors shall be under no liability whatsoever to the BUILDER, the BUILDER’s employees or Subcontractors, and personnel of Subcontractors, and the BUILDER shall keep the BUYER, the Representative and his assistant(s), and the BUYER’s subcontractors and personnel of BUYER’s subcontractors harmless for personal injuries, including death, unless such personal injuries, including death, were caused by a gross negligence of the BUYER, the Representative or his assistant(s), or the BUYER’s subcontractors and personnel of BUYER’s subcontractors. Nor shall the BUYER be under any liability whatsoever to the BUILDER, the BUILDER’s employees or Subcontractors and personnel of Subcontractors, for damage to, or loss or destruction of property of the BUILDER, the BUILDER’s employees or Subcontractors and personnel of Subcontractors, unless such damage, loss or destruction were caused by gross negligence of the BUYER, the Representative and his assistants, or the BUYER’s subcontractors and personnel of BUYER’s subcontractors.

Liability of BUILDER and BUYER. The Representative and his assistant(s) and personnel of BUYER’s subcontractors 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 Representative or his assistant(sassistants), and the BUYER’s subcontractors and personnel of BUYER’s subcontractors, and the BUYER shall keep the BUILDER harmless 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 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 Representative or his assistant(sassistants) and the BUYER’s subcontractors and personnel of BUYER’s subcontractors for damage to, or loss or destruction of property of the BUYER or of the Representative or his assistant(s) or the BUYER’s subcontractors and personnel of BUYER’s subcontractors unless such damage, loss or destruction were caused by gross negligence of the BUILDER, or of any of its employees or agents or Subcontractors. The BUYER, the Representative and his assistants, and the BUYER’s subcontractors and personnel of BUYER’s subcontractors shall be under no liability whatsoever to the BUILDER, the BUILDER’s employees or Subcontractors, and personnel of Subcontractors, and the BUILDER shall keep the BUYER, the Representative and his assistant(sassistants), and the BUYER’s subcontractors and personnel of BUYER’s subcontractors harmless for personal injuries, including death, unless such personal injuries, including death, were caused by a gross negligence of the BUYER, the Representative or his assistant(sassistants), or the BUYER’s subcontractors and personnel of BUYER’s subcontractors. Nor shall the BUYER be under any liability whatsoever to the BUILDER, the BUILDER’s employees or Subcontractors and personnel of Subcontractors, for damage to, or loss or destruction of property of the BUILDER, the BUILDER’s employees or Subcontractors and personnel of Subcontractors, unless such damage, loss or destruction were caused by gross negligence of the BUYER, the Representative and his assistants, or the BUYER’s subcontractors and personnel of BUYER’s subcontractors.