Operator Liability. Operator shall not be responsible for claims directly or indirectly related to hazardous materials present at the Project before the date of this Agreement, except to the extent Operator acted with respect to such materials in a grossly negligent manner. Owner shall defend, indemnify and hold Operator harmless against such claims, except to the extent such claims arise from Operator's grossly negligent or intentional acts.
Operator Liability. 1. The operator shall ensure that its vessels are seaworthy and contain adequate life safety equipment and survival gear for each passenger and member of the crew.
Operator Liability. Subject to the provisions of Section 15.4 hereof, Operator shall be liable for and agrees to indemnify and save Customer harmless from and against all claims, demands, suits, actions, debts, accounts, damages, costs, losses, liabilities and expenses of any kind and however made or incurred, arising out of the failure by Operator to perform any covenant or requirement under this Agreement (“claims”); provided, however, that in no event shall Operator be liable to Customer for any special, indirect, incidental, or consequential claims of any character, including without limitation, loss of use, lost profits or revenues, cost of capital, cancellation of permits, unabsorbed transportation charges or termination of contracts, additional out‑of‑pocket expenses incurred by Customer, tort or contract claims other than contract claims arising out of this Agreement, lost production or consequential property damages suffered by Customer, and irrespective of whether claims for such damages are based upon contract, warranty, negligence, strict liability or otherwise.
Operator Liability. (1) Except with respect to the releases set forth in Section 8.4(b)(3), in no event shall Owner be responsible for present or future Environmental Claims finally determined by a court of competent jurisdiction to have directly or indirectly related to or arisen out of bad faith, gross negligence, willful misconduct, or knowing and material non-compliance with Law (unless such non-compliance was engaged in at the express direction of the Owner), with respect to the existence, generation, use, collection, treatment, storage, transportation, recovery, removal, discharge or disposal of Hazardous Material at the Project or adjacent areas by Operator in the performance or non-performance of the Services, and Operator shall defend, indemnify and hold Owner harmless against, and shall reimburse Owner for such Environmental Claims; provided, however, that nothing contained herein shall be construed as requiring Operator to take any corrective action with respect to any Hazardous Material in existence prior to the date hereof unless directed to do so by a Competent Authority, in which case the corrective actions so undertaken shall be deemed an Environmental Claim pursuant to Section 8.4(a) unless Devon Power is responsible therefor in its capacity as Landlord under the Site Lease or in its capacity as Lessor under the Shared Facilities Agreement.
Operator Liability. (1) The Operator shall not be liable to the non-Operator for any Claim (including a payment made, or an action taken, by the Operator as a result of an action of a governmental agency) in any manner related to the Hoidas Lake Joint Venture, except to the extent that such Claim is attributable to the gross negligence or wilful misconduct of the Operator or a breach by the Operator of the terms of the Agreement or this Hoidas Lake JV Agreement. Without limiting the foregoing, in no event (including fundamental breach) shall the Operator be liable to the non-Operator for any indirect, special or consequential damages (including for loss of goodwill, loss of actual or anticipated profits or other economic loss), even if the Operator has been advised of the potential for such damages.
Operator Liability. (a) Operator is an Affiliate of Investor Member and as such has been solicited and retained to perform the Operating Services Agreement. The Members have agreed to an equal sharing of liabilities arising out of the operation and maintenance of the Assets, including the Lake Xxxxxxx Project. For purposes of equalizing liabilities, the liabilities which may arise from the services performed by the Operator pursuant to the Operating Services Agreement are Company obligations rather than liabilities to be borne by the Investor Member and its Affiliate (Operator), except to the extent they arise from the Operator’s fraud, gross negligence or willful misconduct or with respect to injury or death of any member of the Operator Group and damage or destruction of property of any member of the Operator Group occurring in connection with the service provided under the Operating Services Agreement. In furtherance thereof (and in implementing the allocation of liabilities as intended by the Members), the Company and the Members acknowledge and agree that the Operator’s sole liability in connection with the Operating Services Agreement (and the services provided thereunder) shall be limited to losses, costs, damages, liabilities, liens, and expenses of every kind and character (including without limitation any strict liability arising under applicable environmental laws and any other environmental liabilities, environmental response action costs, and consultant expenses), arising out of, or caused by, the Operator’s fraud, gross negligence, or willful misconduct subject to and limited (i) by any waiver of consequential damages or limitations of liability set forth in the Operating Services Agreement and (ii) Operator’s indemnification obligations with respect to injury or death of any member of the Operator Group and damage or destruction of property of any member of the Operator Group occurring in connection with the service provided under the Operating Services Agreement. COMPANY SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD OPERATOR FREE AND HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, LIABILITIES, LIENS, AND EXPENSES OF EVERY KIND AND CHARACTER (INCLUDING WITHOUT LIMITATION ANY STRICT LIABILITY ARISING UNDER APPLICABLE ENVIRONMENTAL LAWS AND ANY OTHER ENVIRONMENTAL LIABILITIES, ENVIRONMENTAL RESPONSE ACTION COSTS, AND CONSULTANT EXPENSES), ARISING OUT OF, IN CONNECTION WITH, OR INCIDENT TO THE OPERATING SERVICES AGREEMENT, INCLUDING THE AMOUNTS OF JUDGM...
Operator Liability. (a) The obligations and liabilities of the Operator under this Agreement and/or the Operating and Maintenance Contract will not be modified, released, limited, diminished or in any way affected by:
Operator Liability. In no event shall Operator be responsible ------------------- for present or future Environmental Claims directly or indirectly related to or arising out of the actual or alleged existence, generation, use, collection, handling, treatment, storage, transportation, recovery, removal, discharge or disposal of Hazardous Materials at the Facility and/or adjacent areas, arising from the period prior to the applicable Provisional Acceptance Date, except to the extent such materials are generated, used, collected, handled, treated, stored, transported, recovered, removed, discharged or disposed of by Operator in a grossly negligent manner. Without limiting the foregoing, Owner shall defend, indemnify and hold Operator and its Affiliates performing on behalf of Operator under this Agreement harmless against, and shall reimburse Operator for such Environmental Claims, except to the extent such Environmental Claims arise from Operator's grossly negligent or intentional acts.
