Common use of Liability of Shipper Clause in Contracts

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, and (ii) with regard to all loss or damage caused by Xxxxxxx’s wilful Wwilful 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, and (ii) with regard to all loss or damage caused by Xxxxxxx’s wilful Wilful misconduct or gross negligence as defined in Article 9.3negligence, and (iii) with respect to breach by Shipper of any warranty under the Agreement.