Liability of Shipper. 9.1.1 Shipper shall not be liable to BBL Company under any circumstances, for any direct, indirect or consequential loss or damage incurred by BBL Company arising out of or in connection with the Agreement, including, without limitation, loss of profits, loss of business expectations or opportunities, loss of contract or any damage to third parties, except
(i) with regard to direct loss or damage to BBL-Facilities, and
(ii) with regard to all loss or damage caused by Xxxxxxx’s wilful misconduct or gross negligence as defined in Article 9.3, and
(iii) with respect to breach by Shipper of any warranty under the Agreement.
Liability of Shipper. 9.1.1 Shipper shall not be liable to BBL Company under any circumstances, for any direct, indirect or consequential loss or damage incurred by BBL Company arising out of or in connection with the Agreement, including, without limitation, loss of profits, loss of business expectations or opportunities, loss of contract or any damage to third parties, except
(i) with regard to direct loss or damage to BBL-Facilities including the reasonable costs of cleaning as defined in Article 9.1.2, and
(ii) with regard to all loss or damage caused by Xxxxxxx´s wilful misconduct or gross negligence as defined in Article 9.3, and
(iii) with respect to breach by Shipper of any warranty under the Agreement.
9.1.2 Shipper shall be liable to BBL Company for direct loss or damage to the BBL-Facilities, including the reasonable costs of cleaning, to the extent such loss or damage is caused by and is a consequence of an identified deviation in quality from the quality specifications mentioned in Article 5.1.1 and/or an identified deviation in pressure from the pressure specification mentioned in Article
Liability of Shipper. As a condition to Gatherer’s acceptance of Crude Oil for transportation on the Gathering System, each Shipper agrees to protect and indemnify Gatherer against claims or actions for injury and/or death of any and all Persons whomever and for damage to property of or any other loss sustained by Gatherer, Shipper, Consignor, Consignee and/or any third party, resulting from or arising out of (i) any breach of or failure to adhere to any provision of Gatherer’s tariff(s) or a COGA (if applicable) by such Shipper or any of its Consignors, Consignees, or any of their agents, employees or representatives and (ii) the negligent act(s) or failure(s) to act of such Shipper or any of its Consignors, Consignees or any of their agents, employees or representatives in connection with delivery or receipt of Crude Oil, except to the extent such claims or actions are due to the breach by Gatherer of this tariff or a COGA (if applicable), or negligence or willful misconduct of Gatherer.
