Common use of Liability to Owners Clause in Contracts

Liability to Owners. (i) Without prejudice to Sub-clause 17(a), the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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 solelyfrom the negligence, gross negligence or wilful default of the Managers or their employees or agents, or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor expense has resulted from the Managers’ 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 Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the annual management fee payable hereunder. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to the contrary in this Agreement, the Managers shall not be liable for any acts or omissions of the Crew, even if such acts or omissions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management), in which case their liabilityshall be limited in accordance with the terms of this Clause 17 (Responsibilities).

Liability to Owners. (i) Without Save as otherwise provided for in the additional clauses and Wwithout prejudice to Subsub-clause 17(a)11.1 and Clause 23, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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. Services UNLESS same is proved to have resulted solelyfrom solely from the negligence, gross negligence or wilful willful default of the Managers or their employees employees, or agents, agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor delay or expense has resulted from the Managers’ 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 Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the annual management fee payable hereunder. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to the contrary in this Agreement, the Managers shall not be liable for any acts or omissions of the actions of the Crew, even if such acts or omissions actions are negligent, grossly negligent or wilfulwillful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management)sub-clause 3.1, in which case their liabilityshall liability shall be limited in accordance with the terms of this Clause 17 (Responsibilities)11.

Liability to Owners. (i) Without prejudice to Sub-clause 17(a)Clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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 Services unless same is proved to have resulted solelyfrom solely from the gross negligence, gross negligence breach of material obligations under this Agreement or wilful willful default of the Managers or their employees employees, or agents, agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor delay or expense has resulted from the Managers’ ' 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 Managers’ ' liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) two times the annual management fee Basic Management Fee payable hereunder. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to be the contrary in this Agreement, the Managers shall not be liable for any acts or omissions of the Crewactions of the crew, even if such acts or omissions actions are negligent, grossly negligent or wilfulwillful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management)3. A.1., in which case their liabilityshall liability shall be limited in accordance with the terms of this Clause 17 (Responsibilities)11.

Liability to Owners. (i) Without prejudice to Sub-clause 17(a)Clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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. Services UNLESS same is proved to have resulted solelyfrom solely from the negligence, gross negligence or wilful default of the Managers or their employees or agents, or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor delay or expense has resulted from the Managers’ ' Exhibit 4.49 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 Managers’ ' liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the annual management fee Fees payable hereunderhereunder for Basic Services. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to the contrary in this Agreement, the Managers shall not be liable for any of the acts or omissions of the Crew, Crew even if such acts or omissions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted solely from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management), 3.1 in which case their liabilityshall liability shall be limited in accordance with the terms of this Clause 17 (Responsibilities)11.

Liability to Owners. (i) Without prejudice to Subsub-clause 17(a)11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor delay or expense of whatsoever nature, whether direct or indirect, (including including, but not limited to 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 solelyfrom solely from the negligence, gross negligence or wilful default willful misconduct of the Managers or their employees employees, or agents, the agents or sub-contractors employed by them in connection with the Vessel, in which case (save where such loss, damage, delayor delay or expense has resulted from the Managers’ 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 Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) six times the annual management fee monthly Management Fee payable hereunder. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to the contrary in this Agreement, the Managers shall not be liable for any acts or omissions of the actions of the Crew, even if such acts or omissions actions are negligent, grossly negligent or wilfulof willful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management)sub-clause 3.1, in which case their liabilityshall liability shall be limited limited, in accordance with the terms of this Clause 17 (Responsibilitiessub-clause 11.2(i).

Liability to Owners. (i) Without prejudice to Sub-clause 17(a)Clause 10.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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. Services UNLESS same is proved to have resulted solelyfrom solely from the negligence, gross negligence or wilful willful default of the Managers or their employees or agents, or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor delay or expense has resulted from the Managers’ (acting by their Directors) 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 Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the annual management fee payable hereunderhereunder for Basic Services. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to the contrary in this Agreement, the Managers shall not be liable responsible for any acts or omissions of the Crew, actions of the Crew even if such acts or omissions actions are negligent, grossly negligent or wilfulwillful, except only to the extent that they are shown to have resulted solely from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management), 3.1 in which case their liabilityshall liability shall be limited in accordance with the terms of this Clause 17 (Responsibilities)10.

Liability to Owners. (i) Without prejudice to Subsub-clause 17(a)11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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. Services UNLESS same is proved to have resulted solelyfrom solely from the negligence, gross negligence or wilful default of the Managers or their employees or agents, or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor delay or expense has resulted from the Managers’ 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 Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the annual management fee payable hereunder. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to the contrary in this Agreement, the Managers shall not be liable for any acts or omissions of the actions of the Crew, even if such acts or omissions actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management)sub-clause 3.1, in which case their liabilityshall liability shall be limited in accordance with the terms of this Clause 17 (Responsibilities)11.

Liability to Owners. (i) Without prejudice to Sub-clause 17(a)Clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delayor 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 Services unless same is proved to have resulted solelyfrom solely from the gross negligence, gross negligence breach of material obligations under this Agreement or wilful willful default of the Managers or their employees employees, or agents, agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delayor delay or expense has resulted from the Managers’ 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 Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) two times the annual management fee Basic Management Fee payable hereunder. (ii) Acts or omissions of the Crew - Notwithstanding anything that may appear to be the contrary in this Agreement, the Managers shall not be liable for any acts or omissions of the Crewactions of the crew, even if such acts or omissions actions are negligent, grossly negligent or wilfulwillful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clause 5(a) (Crew Management)3.A.1., in which case their liabilityshall liability shall be limited in accordance with the terms of this Clause 17 (Responsibilities)11.