Operator Liability Clause Samples

The Operator Liability clause defines the responsibilities and potential legal exposure of the operator in relation to the services or activities performed under the agreement. Typically, this clause outlines the circumstances under which the operator may be held liable for damages, losses, or breaches, and may specify limitations or exclusions of liability, such as capping damages or excluding liability for indirect losses. Its core function is to allocate risk between the parties by clarifying the extent of the operator's accountability, thereby reducing uncertainty and helping both parties manage potential legal and financial risks.
Operator Liability. 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.
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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.
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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.
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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. (2) Operator shall, in compliance with all Laws, take reasonable steps to mitigate a release of Hazardous Materials upon discovery; take no action to exacerbate a pre-existing release or cause a further release; provide full cooperation, assistance and access to Persons authorized to undertake corrective action; comply with all land use controls and Laws; and take no action to impede the performance of any institutional controls adopted to manage a pre-existing release except that Operator’s actions shall not unreasonably interfere with Owner’s business activities and/or the Ancillary Easement Areas as permitted by the Site Lease. (3) Operator shall, at its own cost, promptly remove and otherwise fully remediate in compliance with and to the extent required by applicable Laws all releases of Hazardous Materials at the Project or adjacent areas (expressly including exacerbation of Hazardous Materials present at the Project or adjacent areas if and only to the extent the nature and exact location of such Hazardous Materials are known by the Operator) arising out of bad faith, gross negligence, willful misconduct, or knowing ...
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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: (i) any independent inspection, investigation or enquiry into any matter which may be made or carried out by or on behalf of the Province or BCTFA, or by any failure or omission to carry out any such inspection, investigation or enquiry; or (ii) the appointment by the Province or BCTFA of any other person to make or carry out any inspection, investigation or enquiry or to review the progress of or otherwise report to the Province in respect of the Project or any aspect thereof, or by any action or omission of such person whether or not such action or omission might give rise to any independent liability of such person to the Province or BCTFA. (b) In the event that the Province or BCTFA delivers a Step­In Notice, the Operator will have no greater liability to the Province, BCTFA or any Substitute than it would have had to the Concessionaire under the Operating and Maintenance Contract, and the Operator will be entitled in any proceedings by the Province, BCTFA or any Substitute to rely on any liability limitations in the Operating and Maintenance Contract.
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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.
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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 ▇▇▇▇▇▇▇ 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...
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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.
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Operator Liability. Operators are responsible for the actions of their Drivers at all times while operating at the Airport. Any Operator whose Drivers violate these Rules and/or the Agreement shall be subject to penalties, suspension, and/or permanent revocation of their Permit.
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Related to Operator Liability

  • Liquor Liability Inception and expiration dates will be the same as the underlying policies. Drop down coverage will be provided for reduction or exhaustion of underlying aggregate limits and will provide a duty to defend for any insured.] [Note: Limit amount should be adequate to cover University’s exposure. Appropriate limit will depend on the subject matter of this Agreement.]

  • Our Liability This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or ▇▇▇▇ Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and ▇▇▇▇ Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances: 1. If through no fault of the Bank, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. 7. If you have not properly followed the instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

  • SUCCESSOR LIABILITY The Employers shall require any successor, whether direct or indirect, by purchase, merger, consolidation or otherwise, to all or substantially all of the business or assets of the Employers to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Employers would be required to perform it if no such succession had taken place.

  • Contractor’s Liability By requiring insurance, the State and DCYF do not represent that the coverage and limits specified will be adequate to protect Contractor. Such coverage and limits shall not limit Contractor’s liability under the terms and conditions of this Contract.

  • Seller’s Liability THE COMPANY’S TOTAL LIABILITY TO THE CUSTOMER IN CONTRACT, TORT (INCLUDING CLAIMS FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE CONTRACT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE GREATER OF (i) US$5,000 OR (ii) THE CONSIDERATION FOR THE SERVICES PAYABLE EACH CALENDAR YEAR UNDER THE CONTRACT THAT ARE SUBJECT TO THE CLAIM. UNDER NO CIRCUMSTANCE SHALL COMPANY’S LIABILITY EVER EXCEED ITS PROPORTIONATE SHARE WHERE MORE THAN ONE PARTY HAS LIABILITY. Save in the case of fraud or fraudulent concealment by the Seller, the Seller shall be under no liability in respect of any claim under the Contract and any such claim shall be wholly barred and unenforceable unless: (i) the Buyer notifies the Seller in detail and in writing of the alleged basis for the claim within two (2) months of the Buyer becoming aware thereof and within one year after the completion of the Services to which the claim relates; and (ii) the Seller is permitted to inspect any and all property with respect to which the Services are claimed to have been defective or to which ▇▇▇▇▇’s claim otherwise relates. The Buyer acknowledges that the above provisions of this Section 10 are reasonable and reflected in the price which would be higher without those provisions and the Buyer will accept such risk and/or insure accordingly. Nothing in these Terms and Conditions limits or excludes the liability of the Seller for: (x) death or personal injury to the extent resulting from the Seller’s negligence; or (y) liability incurred by the Buyer to the extent resulting from fraud or fraudulent misrepresentation by the Seller; or (z) any other matter which may not be limited or excluded by law to the extent arising out of the errors or omissions of Seller.