Liability to Owner Clause Samples

Liability to Owner. (i) Without prejudice to Sub-Clause 11 (a), the Manager shall be under no liability whatsoever to the Owner 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 detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services unless same is proved to have resulted solely from the negligence, gross negligence or willful default of the Manager or its employees or agents, or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Manager’s personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Manager’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten times the annual management fee payable hereunder. (ii) Notwithstanding anything that may appear to the contrary in this Agreement, the Manager shall not be liable for any of the actions of the Crew, even if such actions are negligent, grossly negligent or willful, except only to the extent that they are shown to have resulted from a failure by the Manager to discharge its obligations under Sub-Clause 3 (b), in which case its liability shall be limited in accordance with the terms of this Clause 11.

Liability to Owner. Without prejudice to Clause 9.1 above, the Commercial Manager shall be under no liability whatsoever to the Owner 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 detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services UNLESS same is resulted from the negligence or willful default of the Commercial Manager or its employees or agents or stevedores or sub-contractors employed by it in connection with the Vessel;

Liability to Owner. (i) Without prejudice to Clause 7.1, the Interim Manager shall be under no liability whatsoever to the Owner 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 detention of or delay to the Vessel and Consequential Loss) and Interim Management Agreement howsoever arising in the course of performance of the management services; UNLESS to the extent same is proved to have resulted from the, gross negligence or wilful default of the Interim Manager or its employees in connection with any Vessel; in that event any liability of the Interim Manager shall be limited to direct losses (excluding indirect losses and loss of earnings) only and may not exceed a total amount of USD 600,000 (ii) Notwithstanding anything that may appear to the contrary in this Agreement, the Interim Manager shall not be responsible for any of the actions of the Crew even if such actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted solely from a failure to discharge its obligatons under Clause 3.1 in which case its liability shall be limited in accordance with the terms of this Clause 7. (iii) For the purposes of this clause, “