Common use of Liability to You Clause in Contracts

Liability to You. 12.1 MDL do not exclude or limit in any way their liability for death or personal injury caused by MDL’s negligence or the negligence of any MDL employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 12.2 Subject to this clause 12, MDL will be responsible for all actions, proceedings, claims, damages, costs, expenses, losses and liabilities caused by or arising from any damage or injury suffered by any person or to any property where it was caused by an act, failure to act or omission by MDL, MDL contractors or persons carrying out work at the Marina by arrangement with MDL. If the Owner suffers any loss due to any such act, failure to act or omission then MDL will be liable to make payment to the Owner to make good any loss, if such losses are foreseeable. 12.3 In accordance with clause 12.2 above, MDL is not liable for any damage or injury suffered by any person or to any property where it was caused by: 12.3.1 an act, failure to act or omission by a third party accessing or using the Home Marina or facilities at the Home or using any Marina or the facilities at any Marina; 12.3.2 an act, failure to act or omission by another berth holder in the Home Marina or any Marina; and 12.3.3 any other act, failure to act or omission by a third party whether or not that third party is on or at the Home Marina or any Marina when the damage or loss is suffered. 12.4 MDL do not exclude liability for death or personal injury resulting from their negligence. 12.5 MDL are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by MDL or the Owner. 12.6 MDL are also not responsible for increased costs or expenses, loss of profit, opportunity, business, contracts, revenues or anticipated savings or for any special indirect or consequential loss of any nature suffered by any person. 12.7 This clause 12 shall survive termination or expiry of this Berthing Agreement.

Liability to You. 12.1 MDL do not exclude or limit in any way their liability to the Owner where it would be unlawful to do so. This includes liability for death or personal injury caused by MDL’s negligence or the negligence of any MDL employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 12.2 Subject to this clause 12, MDL will be responsible for all actions, proceedings, claims, damages, costs, expenses, losses and liabilities caused by or arising from any damage or injury suffered by any person or to any property where it was caused by an act, failure to act or omission by MDL, MDL contractors or persons carrying out work at the Marina by arrangement with MDL. If the Owner suffers any loss due to any such act, failure to act or omission then MDL will be liable to make payment to the Owner to make good any loss, if such losses are foreseeable. 12.3 In For the avoidance of doubt and in accordance with clause 12.2 above, MDL is not liable for any damage or injury suffered by any person or to any property where it was caused by: 12.3.1 an act, failure to act or omission by a third party accessing or using the Home Marina or facilities at the Home or using any Marina or the facilities at any Marina; 12.3.2 an act, failure to act or omission by another berth holder in the Home Marina or any Marina; and 12.3.3 any other act, failure to act or omission by a third party whether or not that third party is on or at the Home Marina or any Marina when the damage or loss is suffered. 12.4 MDL do not exclude liability for death or personal injury resulting from their negligence. 12.5 MDL are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by MDL or the Owner. 12.6 MDL are also not responsible for increased costs or expenses, loss of profit, opportunity, business, contracts, revenues or anticipated savings or for any special indirect or consequential loss of any nature suffered by any person. 12.7 This clause 12 shall survive termination or expiry of this Berthing Agreement.