Limitation Regarding Crew. Notwithstanding anything 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 wilful, except only to the extent that they are shown to have resulted from a failure by the Manager to discharge its obligations under Section 3.3, in which case its liability shall be determined in accordance with the terms of this Section 6.
Appears in 9 contracts
Samples: Management Agreement, Management Agreement (Seaspan CORP), Vessel Management Agreement (Seaspan CORP)
Limitation Regarding Crew. Notwithstanding anything 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 wilfulwillful, except only to the extent that they are shown to have resulted from a failure breach by the Manager to discharge of any of its obligations under Section 3.3, in which case its the Manager’s liability shall be determined in accordance with the terms of this Section 69.
Appears in 6 contracts
Samples: Management Agreement (Teekay Tankers Ltd.), Management Agreement (Genco Shipping & Trading LTD), Form of Management Agreement (Baltic Trading LTD)
Limitation Regarding Crew. Notwithstanding anything 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 wilful, except only to the extent that they are shown to have resulted from a failure by the Manager to discharge its obligations under Section 3.3, in which case its liability shall be determined in accordance with the terms of this Section 69.
Appears in 5 contracts
Samples: Management Agreement, Management Agreement (Seaspan CORP), Management Agreement (Seaspan CORP)
Limitation Regarding Crew. Notwithstanding anything 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 wilfulwillful, except only to the extent that they are shown to have resulted from a failure breach by the Manager to discharge of any of its obligations under Section 3.3, in which case its the Manager's liability shall be determined in accordance with the terms of this Section 69.
Appears in 1 contract
