MANAGER’S LIABILITY FOR CREW Sample Clauses

MANAGER’S LIABILITY FOR CREW. 9.1 As between the parties hereto, any member of the Crew employed on the Vessel shall be, and be deemed to be for all purposes, the servant and agent of Builder. 9.2 Manager shall be under no liability or responsibility to Builder or any other person for or in respect of any act, neglect or default of any such master, officer or Crew member, as the case may be, even if the same is negligent, grossly negligent or wilful, unless there was a failure by Manager or the agent or sub-agent to exercise due diligence in relation to the engagement of such person under clause 5.1 (b). 9.3 If Builder is dissatisfied with the conduct of any member of the Crew or any member of the Crew fails to meet the experience level and qualifications required under this Agreement, Builder shall notify Manager of such dissatisfaction or failure which notice shall include particulars of the cause of complaint. Manager shall promptly investigate all such complaints and shall, unless in Manager’s reasonable opinion (the grounds of which Manager shall notify to Builder in writing) the complaint is not justified, procure that such member of the Crew is, as soon as reasonably practicable, replaced with a person with the necessary qualifications and experience. 9.4 It is hereby expressly agreed that no employee or agent of Manager (including sub-contractors employed in compliance with the terms hereof) shall be liable to Builder for any loss, damage or delay arising from any act, neglect or default on such employee’s or agent’s part while acting in the course such employee’s or agent’s employment and, without prejudice to the generality of the foregoing provisions of this sentence, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity to which Manager is entitled hereunder shall also be available to each such employee or agent acting as aforesaid.
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