Common use of LOSS ARISING UNDER THE DES SPA Clause in Contracts

LOSS ARISING UNDER THE DES SPA. 8.1 Subject to Clause 16.4 and any limitations on Project Co’s liability under the DES SPA, in respect of any cargo scheduled for delivery in the DES ADP or DES Ninety Day Schedule, as applicable, in respect of which the Transporter intends to deliver a Swapped Cargo, the Transporter shall assume all liability for and shall save, defend, hold harmless and indemnify Project Co against all Claims for which it is agreed or determined that Project Co is liable to DES Buyer under the DES SPA (including Claims under Section 26.5 of the DES SPA), to the extent such Claims, arise from, relate to or are in connection with any action or omission of the Transporter save where: 8.1.1 the Transporter was acting in accordance with express requirements set forth in this Agreement or on the direct express instruction of Project Co; and/or 8.1.2 Transporter was acting in accordance with the standards of a Reasonable and Prudent Operator. 8.2 Subject to Clause 16.4 and any limitations on Project Co’s liability under the DES SPA, in respect of any cargo scheduled for delivery in the DES ADP or DES Ninety Day Schedule, as applicable, in respect of which the Transporter intends to deliver a Swapped Cargo, if DES Buyer is in contravention of any provision of the DES SPA and such contravention has caused the Transporter to suffer or incur any Loss, Project Co shall pay to the Transporter any amounts for which it is agreed or determined that DES Buyer is liable to Project Co under the DES SPA (including Claims under Section 26.5 of the DES SPA).