Liability to Owners. (i) Without prejudice to sub-clause 330 11.1, the Managers shall be under no liability whatsoever to the 331 Owners for any loss, damage, delay or expense of whatsoever 332 nature, whether direct or indirect, (including but not limited to 333 loss of profit arising out of or in connection with detention of or 334 delay to the Vessel) and howsoever arising in the course of 335 performance of the Management Services UNLESS same is 336 proved to have resulted solely from the negligence, gross 337 negligence or wilful default of the Managers or their employees, 338 or agents or sub-contractors employed by them in connection 339 with the Vessel, in which case (save where loss, damage, delay 340 or expense has resulted from the Managers’ personal act or 341 omission committed with the intent to cause same or recklessly 342 and with knowledge that such loss, damage, delay or expense 343 would probably result) the Managers’ liability for each incident 344 or series of incidents giving rise to a claim or claims shall never 345 Exceed a total of ten times the annual management fee payable 346 hereunder, 347
Appears in 7 contracts
Samples: Framework Agreement (Costamare Inc.), Framework Agreement (Costamare Inc.), Management Agreement (Costamare Inc.)
Liability to Owners. (i) Without prejudice to sub-clause 330 11.1, the Managers shall be under no liability whatsoever to the 331 Owners for any loss, damage, delay or expense of whatsoever 332 nature, whether direct or indirect, (including but not limited to 333 loss of profit arising out of or in connection with detention of or 334 delay to the Vessel) and howsoever arising in the course of 335 performance of the Management Services UNLESS same is 336 proved to have resulted solely from the negligence, gross 337 negligence or wilful default of the Managers or their employees, 338 or agents or sub-contractors employed by them in connection 339 with the Vessel, in which case (save where loss, damage, delay 340 or expense has resulted from the Managers’ personal act or 341 omission committed with the intent to cause same or recklessly 342 and with knowledge that such loss, damage, delay or expense 343 would probably result) the Managers’ liability for each incident 344 or series of incidents giving rise to a claim or claims shall never 345 Exceed exceed a total of ten times the annual management fee payable 346 hereunder, . 347
Appears in 5 contracts
Samples: Management Agreement (Seanergy Maritime Holdings Corp.), Standard Ship Management Agreement (KNOT Offshore Partners LP), Ship Management Agreement (DryShips Inc.)
Liability to Owners. (i) Without prejudice to sub-clause 330 11.1, the Managers shall be under no liability whatsoever to the 331 Owners for any loss, damage, delay or expense of whatsoever 332 nature, whether direct or indirect, indirect (including but not limited to 333 loss of profit arising out of or in connection with detention of or 334 delay to the Vessel) and howsoever arising in the course of 335 performance of the Management Services UNLESS same is 336 proved to have resulted solely from the negligence, gross 337 negligence or wilful default of the Managers or their employees, 338 or agents or sub-contractors employed by them in connection 339 with the Vessel, in which case (save where loss, damage, delay 340 or expense has resulted from the Managers’ personal act or 341 omission committed with the intent to cause same or recklessly 342 and with knowledge that such loss, damage, delay or expense 343 would probably result) the Managers’ liability for each incident 344 or series of incidents giving rise to a claim or claims shall never 345 Exceed a total of ten times the annual management fee payable 346 hereunder, . 347
Appears in 3 contracts
Samples: Ship Management Agreement (Costamare Partners LP), Standard Ship Management Agreement (Costamare Inc.), Management Agreement (Costamare Inc.)
Liability to Owners. (i) Without prejudice to sub-clause 330 11.1, the Managers shall be under no liability whatsoever to the 331 Owners for any loss, damage, delay or expense of whatsoever 332 nature, whether direct or indirect, indirect (including but not limited to 333 loss lose of profit arising out of or in connection with detention of or 334 delay to the Vessel) and howsoever arising in the course of 335 performance of the Management Services UNLESS same is 336 proved to have resulted solely from the negligence, gross 337 negligence or wilful default of the Managers or their employees, 338 or agents or sub-contractors employed by them in connection 339 with the Vessel, in which case (save where loss, damage, delay 340 or expense has resulted from the Managers’ personal act or 341 omission committed with the intent to cause same or recklessly 342 and with knowledge that such loss, damage, delay or expense 343 would probably result) the Managers’ liability for each incident 344 or series of incidents giving rise to a claim or claims shall never 345 Exceed a total of ten times the annual management fee payable 346 hereunder, . 347
Appears in 3 contracts
Samples: Standard Ship Management Agreement (Costamare Partners LP), Ship Management Agreement (Costamare Partners LP), Standard Ship Management Agreement (Costamare Inc.)
Liability to Owners. (i) Without prejudice to sub-clause 330 11.1, the Managers shall be under no liability whatsoever to the 331 Owners for any loss, damage, delay or expense of whatsoever 332 nature, whether direct or indirect, (including but not limited to 333 loss of profit arising out of or in connection with detention of or 334 delay to the Vessel) and howsoever arising in the course of 335 performance of the Management Services UNLESS same is 336 proved to have resulted solely from the negligence, gross 337 negligence or wilful default of the Managers or their employees, 338 or agents or sub-contractors employed by them in connection 339 with the Vessel, in which case (save where loss, damage, delay 340 or expense has resulted from the Managers’ ' personal act or 341 omission committed with the intent to cause same or recklessly 342 and with knowledge that such loss, damage, delay or expense 343 would probably result) the Managers’ ' liability for each incident 344 or series of incidents giving rise to a claim or claims shall never 345 Exceed exceed a total of ten times the annual management fee payable 346 hereunder, . 347
Appears in 2 contracts
Samples: Management Agreement (Seanergy Maritime Holdings Corp.), Management Agreement (United Maritime Corp)
Liability to Owners. (i) Without prejudice to subSub-clause 330 11.1, 392 the Managers shall be under no liability whatsoever to the 331 393 Owners for any loss, damage, delay or expense of 394 whatsoever 332 nature, whether direct or indirect, (including but 395 not limited to 333 loss of profit arising out of or in connection with 396 detention of or 334 delay to the Vessel) and howsoever arising in 397 the course of 335 performance of the Management Services 398 UNLESS same is 336 proved to have resulted solely from the 399 negligence, gross 337 negligence or wilful default of the 400 Managers or their employees, 338 or agents or sub-contractors 401 employed by them in connection 339 with the Vessel, in which 402 case (save where loss, damage, delay 340 or expense has 403 resulted from the Managers’ personal act or 341 omission 404 committed with the intent to cause same or recklessly 342 and 405 with knowledge that such loss, damage, delay or expense 343 406 would probably result) the Managers’ liability for each incident 344 407 or series of incidents giving rise to a claim or claims shall 408 never 345 Exceed exceed a total of ten (10) times the annual 409 management fee payable 346 hereunder, 347.
Appears in 1 contract
Liability to Owners. (i) Without prejudice to sub-clause 330 11.1, the Managers shall be under no liability whatsoever to the 331 Owners for any loss, damage, delay or expense of whatsoever 332 nature, whether direct or indirect, (including but not limited to 333 loss lose of profit arising out of or in connection with detention of or 334 delay to the Vessel) and howsoever arising in the course of 335 performance of the Management Services UNLESS same is 336 proved to have resulted solely from the negligence, gross 337 negligence or wilful default of the Managers or their employees, 338 or agents or sub-contractors employed by them in connection 339 with the Vessel, in which case (save where loss, damage, delay 340 or expense has resulted from the Managers’ personal act or 341 omission committed with the intent to cause same or recklessly 342 and with knowledge that such loss, damage, delay or expense 343 would probably result) the Managers’ liability for each incident 344 or series of incidents giving rise to a claim or claims shall never 345 Exceed a total of ten times the annual management fee payable 346 hereunder, . 347
Appears in 1 contract