Common use of Limitations Regarding Indemnification Clause in Contracts

Limitations Regarding Indemnification. (a) The aggregate liability of Seadrill and Seadrill Americas under Section 9.1 shall not exceed $450,000,000. (b) All obligations of any party to indemnify, hold harmless pursuant to this Agreement, shall apply irrespective of cause and notwithstanding the negligence (whether sole, concurrent, joint, active or passive) or breach of duty (whether statutory, contractual or otherwise), gross negligence or willful misconduct, or the unseaworthiness of any vessel or unairworthiness of any aircraft or is the result of any pre-existing condition, of the indemnified Party or any other entity or party; provided, however, that the following claims and all obligations to pay such claims shall be excluded from the obligations to indemnify and hold harmless hereunder: (i) fines and penalties imposed on any indemnitee up to the amount of $10 million; (ii) punitive damages up to the amount of $10 million; and (iii) any and all damages cause by a party’s gross negligence or willful misconduct up to the amount of $10 million.

Appears in 3 contracts

Samples: Contribution, Purchase and Sale Agreement, Contribution, Purchase and Sale Agreement (Seadrill Partners LLC), Contribution, Purchase and Sale Agreement (Seadrill Partners LLC)

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Limitations Regarding Indemnification. (a) The aggregate liability of Seadrill and Seadrill Americas under Section 9.1 10.1 shall not exceed $450,000,000800.0 million. (b) All obligations of any party to indemnify, hold harmless pursuant to this Agreement, shall apply irrespective of cause and notwithstanding the negligence (whether sole, concurrent, joint, active or passive) or breach of duty (whether statutory, contractual or otherwise), gross negligence or willful misconduct, or the unseaworthiness of any vessel or unairworthiness of any aircraft or is the result of any pre-existing condition, of the indemnified Party or any other entity or party; provided, however, that the following claims and all obligations to pay such claims shall be excluded from the obligations to indemnify and hold harmless hereunder: (i) fines and penalties imposed on any indemnitee up to the amount of $10 million; (ii) punitive damages up to the amount of $10 million; and (iii) any and all damages cause by a party’s gross negligence or willful misconduct up to the amount of $10 million.

Appears in 3 contracts

Samples: Contribution, Purchase and Sale Agreement, Contribution, Purchase and Sale Agreement, Contribution, Purchase and Sale Agreement (Seadrill Partners LLC)

Limitations Regarding Indemnification. (a) The aggregate liability of Seadrill and Seadrill Americas under Section 9.1 shall not exceed $450,000,000650.0 million. (b) All obligations of any party to indemnify, hold harmless pursuant to this Agreement, shall apply irrespective of cause and notwithstanding the negligence (whether sole, concurrent, joint, active or passive) or breach of duty (whether statutory, contractual or otherwise), gross negligence or willful misconduct, or the unseaworthiness of any vessel or unairworthiness of any aircraft or is the result of any pre-existing condition, of the indemnified Party or any other entity or party; provided, however, that the following claims and all obligations to pay such claims shall be excluded from the obligations to indemnify and hold harmless hereunder: (i) fines and penalties imposed on any indemnitee up to the amount of $10 million; (ii) punitive damages up to the amount of $10 million; and (iii) any and all damages cause by a party’s gross negligence or willful misconduct up to the amount of $10 million.

Appears in 2 contracts

Samples: Contribution, Purchase and Sale Agreement, Contribution, Purchase and Sale Agreement (Seadrill Partners LLC)

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Limitations Regarding Indemnification. (a) The aggregate liability of Seadrill and Seadrill Americas under Section 9.1 8.1 shall not exceed $450,000,000450.0 million. (b) All obligations of any party to indemnify, hold harmless pursuant to this Agreement, shall apply irrespective of cause and notwithstanding the negligence (whether sole, concurrent, joint, active or passive) or breach of duty (whether statutory, contractual or otherwise), gross negligence or willful misconduct, or the unseaworthiness of any vessel or unairworthiness of any aircraft or is the result of any pre-existing condition, of the indemnified Party or any other entity or party; provided, however, that the following claims and all obligations to pay such claims shall be excluded from the obligations to indemnify and hold harmless hereunder: (i) fines and penalties imposed on any indemnitee up to the amount of $10 10.0 million; (ii) punitive damages up to the amount of $10 10.0 million; and (iii) any and all damages cause by a party’s gross negligence or willful misconduct up to the amount of $10 10.0 million.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Seadrill Partners LLC)

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