Common use of Limitation of Liability and Waiver of Subrogation Clause in Contracts

Limitation of Liability and Waiver of Subrogation. (a) Except as otherwise expressly provided in Section 11.3(ii), Section 11.3(iii), Section 11.3(iv) and Section 11.4, the Mill Owner shall not be liable to Ingevity for: (i) Losses to any buildings, improvements, fixtures, furnishings, equipment or other personal property (“Property”) located or found on the Carbon Plant Real Property (except for Losses to Property owned by third parties, which shall be subject to Section 11.3(v)), notwithstanding that such Losses are caused by, result from or are attributable to any act or omission of the Mill Owner or any servant, agent, employee, director, officer, subcontractor or supplier (“Agent”) of the Mill Owner; (ii) any Losses arising from bodily injury or death to any employee of Ingevity occurring on the Mill Real Property, notwithstanding that such Losses are caused by, result from or are attributable to any action or omission of the Mill Owner or any Agent of the Mill Owner; and (iii) any Loss caused by Ingevity to Property owned by third parties. Ingevity hereby waives all rights of subrogation against the Mill Owner with respect to the matters described in this Section 11.1(a). (b) Except as otherwise expressly provided in Section 11.2(ii), Section 11.2(iii), Section 11.2(iv), and Section 11.4, Ingevity shall not be liable to the Mill Owner for: (i) any Losses to any Property located or found on the Mill Real Property (except for Losses to Property owned by third parties, which shall be subject to Section 11.2(v)), notwithstanding that such Losses are caused by, result from or are attributable to any act or omission of Ingevity or any Agent of Ingevity; (ii) any Losses arising from bodily injury or death to any employee of the Mill Owner occurring on the Carbon Plant Real Property, notwithstanding that such Losses are caused by, result from or are attributable to any action or omission of Ingevity or any Agent of Ingevity; and (iii) any Loss caused by the Mill Owner to Property owned by third parties. The Mill Owner hereby waives all rights of subrogation against Ingevity with respect to the matters described in this Section 11.1(b). (c) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER THIS LEASE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE OR EXEMPLARY DAMAGES.

Limitation of Liability and Waiver of Subrogation. (a) Except as otherwise expressly provided in Section 11.3(ii13.3(ii), Section 11.3(iii13.3(iii), Section 11.3(iv13.3(iv) and Section 11.413.4, the Mill Owner shall not be liable to Ingevity for: (i) Losses to any buildings, improvements, fixtures, furnishings, equipment or other personal property (“Property”) located or found on the Carbon Plant Real Property (except for Losses to Property owned by third parties, which shall be subject to Section 11.3(v13.3(v)), notwithstanding that such Losses are caused by, result from or are attributable to any act or omission of the Mill Owner or any servant, agent, employee, director, officer, subcontractor or supplier (“Agent”) of the Mill OwnerOwner (including, without limitation, in connection with the provision by the Mill Owner of the Fire/Emergency Services); (ii) any Losses arising from bodily injury or death to any employee of Ingevity occurring on the Mill Real PropertyProperty (including in connection with the provision by Ingevity of the Ingevity Fire/Emergency Services), notwithstanding that such Losses are caused by, result from or are attributable to any action or omission of the Mill Owner or any Agent of the Mill Owner; and; (iii) any Loss caused by Ingevity to Property owned by third parties; and (iv) any Losses arising from bodily injury or death to any employee of Mill Owner in connection with the provision by Mill Owner of the Fire/Emergency Services, notwithstanding that such Losses are caused by, result from or are attributable to any action or omission of the Mill Owner or any Agent, and except to the extent such Losses are covered by workers compensation insurance. Ingevity hereby waives all rights of subrogation against the Mill Owner with respect to the matters described in this Section 11.1(a13.1(a). (b) Except as otherwise expressly provided in Section 11.2(ii13.2(ii), Section 11.2(iii13.2(iv), Section 11.2(iv), 13.2(v) and Section 11.413.4, Ingevity shall not be liable to the Mill Owner for: (i) any Losses to any Property located or found on the Mill Real Property (except for Losses to Property owned by third parties, which shall be subject to Section 11.2(v13.2(vi)), notwithstanding that such Losses are caused by, result from or are attributable to any act or omission of Ingevity or any Agent of IngevityIngevity (including, without limitation, in connection with the provision by Ingevity of the Ingevity Fire/Emergency Services); (ii) any Losses arising from bodily injury or death to any employee of the Mill Owner occurring on the Carbon Plant Real Property, notwithstanding that such Losses are caused by, result from or are attributable to any action or omission of Ingevity or any Agent of Ingevity; and (iii) any Loss caused by the Mill Owner to Property owned by third parties. The Mill Owner hereby waives all rights of subrogation against Ingevity with respect to the matters described in this Section 11.1(b13.1(b). (c) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER THIS LEASE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE OR EXEMPLARY DAMAGES.