Liability of the Manager. The Manager shall not be liable whatsoever to the Company for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with arrest, detention of or delay to any Vessel) and arising from the Management Services unless and to the extent that such loss, damage, delay or expense resulted from: (a) the fraud, gross negligence, recklessness or wilful misconduct of the Manager or any of the Manager Entities or any of their employees, agents or sub-contractors (“Manager Misconduct”); or (b) any breach of this Agreement by the Manager or any of the Manager Entities.
Appears in 14 contracts
Samples: Vessel Management Agreement, Management Agreement, Management Agreement (Seaspan CORP)
