LIABILITY OF THE OPERATOR Sample Clauses

LIABILITY OF THE OPERATOR. 22.01 Subject to paragraph 22.02, each party shall indemnify and save the Operator harmless from and against any loss, liability, claim, demand, damage, expense, injury or death (including, without limiting the generality of the foregoing, legal fees) resulting from any acts or omissions of the Operator or its officers, employees or agents. 22.02 Notwithstanding paragraph 22.01, the Operator shall not be indemnified nor held harmless by any of the parties for any loss, liability, claim, damage, expense, injury or death, (including, without limiting the generality of the foregoing, legal fees) resulting from the negligence or willful misconduct of the Operator or its officers, employees or agents. 22.03 An act or omission of the Operator or its officers, employees or agents done or omitted to be done: (a) at the direction of, or with the concurrence of, the Management Committee; or (b) unilaterally and in good faith by the Operator to protect life or property shall be deemed not to be negligence or willful misconduct. 22.04 The obligation of each party to indemnify and save the Operator harmless pursuant to paragraph 22.01 shall be in proportion to its Interest as at the date that the loss, liability, claim, demand, damage, expense, injury or death occurred or arose. 22.05 The Operator shall not be liable to any other party nor shall any party be liable to the Operator in contract, tort or otherwise for special or consequential damages, including, without limiting the generality of the foregoing, loss of profits or revenues.

LIABILITY OF THE OPERATOR. (a) While performing the work, the operator shall, ex- cept as provided in paragraph 6(c) of part II hereof, be responsible for any and all loss, damage or injury, including death to per- sons, cargo, vessels, their stores, apparel or equipment, wharves, docks, piers, lighters, elevators, cars, carfloats or other property or thing, arising through the negligence or fault of the operator, its employees or termi- nals: Provided, That, to the extent not cov- ered by insurance, the operator shall not be responsible to the NSA, for any loss, damage or injury resulting from the negligence or wrongful acts of the NSA; or from acts of the operator and its employees performed only because specifically so directed by the NSA; or from defects or other gear supplied by the United States. (b) The operator shall be under no liability to the United States in the event that the operator should fail to perform any work hereunder by reason of any labor shortage, dispute or difficulty, or any strike or lock- out or any shortage of material or any act of God or peril of the sea or any other cause be- yond the control of the operator, whether or not of the same or similar nature; or shall do or fail to do any act in reliance upon instruc- tions of military or naval authorities.

LIABILITY OF THE OPERATOR. The Operator is liable for damage for which it is responsible arising from injury to life, limb or health. Additionally, the Operator is liable for other damage which is caused by a deliberate or grossly negligent infringement of duty by the Operator and for damages based upon a deliberate or negligent infringement of contractually typical duties. An infringement of duty by the Operator is equivalent to that by its legal representatives, employees or vicarious agents. More extensive damage claims are excluded provided these STCs contain no provision to the contrary. Should there be disruptions or defects in the services of the Operator, the Operator shall, upon becoming aware of these or in the case of immediate complaint by the Guest, make every effort to rectify these. The Guest is obliged to take all reasonable measures to assist the Operator in resolving the disruption and keeping damage to a minimum. The Guest is also obliged to inform the Operator in good time of the possibility that unusually extensive damage could be incurred. The Operator is liable in accordance with the statutory provisions for items brought onto the premises. The claim expires if the Guest does not assert the claim against the Operator immediately after becoming aware of the loss, destruction or damage to the item brought onto the premises. If the Guest wishes to bring into the hotel cash, securities and valuables with a value of more than US$ 850 or other items with a value of more than US$ 3,700, this requires a specific written agreement with the Operator. If the Guest is provided with a parking space in the hotel garage/car park, even for a fee, no contract of safe custody is created. The Operator has no duty of surveillance. The Operator is liable for all damage within the framework of the regulations of this Clause 8. The Guest is obliged to report any damage immediately, obvious damage in all cases before leaving the parking facility. The Operator is not liable for damage for which other users or other third parties are solely responsible. All claims against the Operator expire in principle within one year of the statutory commencement of expiry. This does not apply to damage claims or other claims arising from injury to life, limb or health and/or due to a grossly negligent or deliberate infringement of duty by the Operator.

LIABILITY OF THE OPERATOR. 16.1. Subject to Section 0, Xxxxxxxx xx Xxxxxx shall indemnify and save the Operator harmless from and against any loss, liability, claim, demand, damage, expense, injury or death (including, without limiting the generality of the foregoing, legal fees) resulting from any acts or omissions of the Operator or its officers, employees or agents. 16.2. Notwithstanding paragraph 16.1., the Operator shall not be indemnified nor held harmless by Sunburst de Mexico for any loss, liability, claim, damage, expense, injury or death, (including, without limiting the generality of the foregoing, legal fees) resulting from the negligence or wilful misconduct of the Operator or its officers, employees or agents. 16.3. An act or omission of the Operator or its officers, employees or agents done or omitted to be done: (a) at the direction of, or with the concurrence of, Sunburst de Mexico; or (b) unilaterally and in good faith by the Operator to protect life or property shall be deemed not to be negligence or wilful misconduct.

LIABILITY OF THE OPERATOR. Each Party will indemnify and save the Operator harmless from and against any loss, liability, claim, demand, damage and expense in connection with loss of life, personal injury or damage to property arising out of any acts or omissions of the Operator or its officers, employees or agents, contractors, licensees and invitees, except the Operator will not be indemnified nor held harmless by the other Parties for its gross negligence or willful misconduct. The obligation of each of the other Parties to indemnify and save the Operator harmless will be in proportion to its interest as at the date that the loss of life, personal injury or damage to property occurred.

LIABILITY OF THE OPERATOR. The Operator is not liable to the Hirer for any claim, proceeding, liability or demand of any nature arising directly or indirectly from the Hirer’s hire of the Aircraft or any use of the Aircraft by the Hirer or its employees, contractors or any other person, other than to the minimum extent required by law being rehire of the Aircraft or refund of the Hire Fee.

LIABILITY OF THE OPERATOR. The Operator, its servants, agents and employees shall not be liable to the Owners for any loss or damage suffered by the Owners resulting or arising from the Operations, except when and to the extent that such loss or damage results from the gross negligence or wilful or wanton misconduct of the Operator, its servants, agents or employees. Each Owner, in proportion to its Production Facilities Participation, agrees to indemnify and hold harmless the other Owners, the Operator and its servants, agents and employees, against any claim of, or liability to, any third Person resulting from acts or omissions of the Operator, its servants, agents or employees in respect of the Operations, provided that the losses, damages, claims and liabilities so indemnified by each Owner shall be reduced to the extent of any insurance proceeds paid to or on behalf of the Operator, and provided further that the Operator shall not be indemnified or held harmless by the Owners for any loss, damage, claim or liability resulting from the gross negligence or wilful or wanton misconduct of the Operator, its servants, agents or employees. For purposes of this Clause, an act or omission of the Operator, its servants, agents or employees shall be deemed not to constitute gross negligence or wilful or wanton misconduct if such act or omission is done or omitted pursuant to the instructions of, or with the concurrence of, the Operating Committee or the Owners. Notwithstanding anything herein contained to the contrary, in no circumstances shall the Operator or any Owner be liable for any indirect or consequential damages or losses, including but not limited to any loss of profits, lost production, reservoir loss or damage or business interruption or losses the Operator or any such Owner may suffer or incur, arising out of or in any way relating to Operations; and the obligation of the Owners to indemnify the Operator pursuant to this Clause 7. 07 shall include but not be limited to any liability the Operator may have to any third Person for indirect or consequential losses or damages arising out of or in any way relating to Operations.

LIABILITY OF THE OPERATOR. Subject to subsection 21.02, each party shall indemnify and save the Operator harmless from and against any loss, liability, claim, demand, damage, expense, injury and death (including, without limiting the generality of the foregoing, legal fees) resulting from any acts or omissions of the Operator or its officers, employees or agents.

LIABILITY OF THE OPERATOR. The Operator shall be liable to the Owners for, and shall indemnify and hold each of them and their respective officers, employees and agents harmless from, any claims, losses or expenses arising as a result of acts or omissions of the Operator's management personnel (first line supervisor or higher) constituting, on a repetitive basis, gross negligence or willful misconduct. The preceding sentence shall not be deemed to limit the Operator's obligation to repay any amounts billed to and paid to it as Operating Costs which are ultimately determined by the Auditors not to be Operating Costs.

LIABILITY OF THE OPERATOR. 9.1 The Operator will indemnify and save Gibraltar LP and its officers, employees or agents harmless from and against any loss, liability, claim, demand, damage, expense, injury or death, including, without limiting the generality of the foregoing, legal fees, resulting from any acts or omissions of the Operator or its officers, employees or agents and any reclamation obligations in respect of the Gibraltar Mine whatsoever. 9.2 Notwithstanding the foregoing, Gibraltar LP will not be indemnified or held harmless by any of the Parties for any loss, liability, claim, damage, expense, injury or death, including, without limiting the generality of the foregoing, legal fees, resulting from the gross negligence or wilful misconduct of Gibraltar LP or its officers, employees or agents. 9.3 Gibraltar LP and its officers, employees or agents will not be liable to any other Party nor will any Party be liable to the Gibraltar LP and its officers, employees or agents in contract, tort or otherwise for special or consequential damages, including, without limiting the generality of the foregoing, loss of profits or revenues.