Operator’s Liability. Operator's liability to the Developer as Operator under this Agreement shall be limited to, and Operator shall indemnify the Developer and hold it harmless from, claims, penalties, liabilities, obligations, charges, losses, costs, damages, or expenses (including but not limited to reasonable attorneys' fees) relating to, caused by or arising out of:
(i) the noncompliance with or violation by Operator, its employees, agents, or subcontractors of any local, state or federal law, statute, regulation, or ordinance;
(ii) the negligence or misconduct of Operator, its employees, agents or subcontractors; or
(iii) the breach of or failure to comply with any provisions of this Agreement.
Operator’s Liability. Operator’s liability to the Developer as Operator under this Agreement shall be limited to, and Operator shall indemnify the Developer and hold it harmless from, claims, penalties, liabilities, obligations, charges, losses, costs, damages, or expenses (including but not limited to reasonable attorneys’ fees) as provided in Section 4.05 of the Developer’s Partnership Agreement.
Operator’s Liability. The Operator shall not be liable to the Owner for any Liability arising as a result of the Owner’s decision not to implement any Improvement or the Operator’s decision to cease operations under Clause 9.3. The Owner shall indemnify the Operator against any Liability so arising.
Operator’s Liability. The Operator shall not in its role as Operator be liable for any loss or damage in connection with its responsibilities and functions as Operator unless such loss or damage results from:
(a) the gross negligence, wilful misconduct or wilful failure to act of the Managerial or Senior Personnel of the Operator or any of its Affiliates (to the extent such personnel perform functions as Operator); or
(b) its failure to ensure that the Parties in respect of their Percentage Interest share of the Joint Operations and the Joint Property, have obtained and maintained all insurance required under the Licence or any applicable laws and regulations and any additional insurance determined by the Operating Committee, except where it has used all reasonable endeavours to ensure that the Parties have obtained and maintained such insurance but has been unable to do so and has promptly notified the Parties; or
(c) its failure to obtain or maintain any insurance which it is required to obtain or maintain under Section 4.12, except where it has used all reasonable endeavours to obtain or maintain such insurance but has been unable to do so and has promptly notified the Parties of such fact; provided that in neither case shall the Operator be liable for any consequential loss or damage. For the purposes of this Section consequential loss or damage shall include but not be limited to inability to store CO2, environmental damage caused by a discharge of CO2, lost CO2 or loss of profits.
Operator’s Liability. Except for its affirmative acts or negligence or the affirmative acts or negligence of its officers, agents, servants, employees or contractors, MAM shall not be responsible or liable for any damage or injury to any property, or to any person or persons, at any time on the licensed premises and the adjacent docking facilities, shipyard and parking areas, including any damage or injury to Licensee.
Operator’s Liability. (a) The Customer shall indemnify and hold the Operator harmless from and against all claims, costs, losses, liabilities, injury to person and/or damage to property, caused by or resulting from:
(i) Any negligence. misconduct, and/or any intentional wrongful acts or omissions on the part of the Customer, its employees, agents, contractors or any other persons acting under its authority (including but not limited to; any contractors transporting product to or from the terminal) in the performance of this agreement; and
(ii) Any breach of this agreement by the Customer;
(iii) To the extent not caused by the negligence, misconduct of the wrongful acts or omissions of the Operator, its employees, agents or contractors, any losses incurred directly as a results of the physical or chemical characteristics of the product
(b) For the avoidance of doubt, the Operator shall not be liable to the Customer for any claims, costs, losses, damages, liabilities, injury to person and/or damage to property incurred by the Customer to the extent that such claims, losses, damages, liabilities, injury to person and/or damage to property are caused (whether directly or indirectly) by the Operator in the performance of its obligations under this agreement in accordance with its terms. The Operator shall carry out the Services with reasonable care and to the Standards of a Reasonable and Prudent Operator. Without prejudice to the Operator's rights under the other provisions of the Agreement, this Clause 19.1 shall not impose on the Operator any liability for claims arising from:
(c) Force Majeure;
(d) any delay in the delivery of the Products to the Operator;
(e) any other cause unless it is first proven by the Customer that such claim has arisen from the gross negligence or wilful misconduct of the Operator or if it concerns claims due to injury to life, body or health.
Operator’s Liability. A. Except as set out in Article 3.3.3.C the Operator shall not bear (except as a Party to the extent of its Percentage Interest share) any damage, loss, cost or liability resulting from performing (or failing to perform) its duties and functions as Operator.
B. Except as set out in Article 3.3.3.C the Parties shall (in proportion to their Percentage Interests share) defend and indemnify the Operator and its Affiliates from any damage, loss, cost or liabilities incident to claims, demands or causes of action brought by any or on behalf of any person or entity, which claims, demands or causes of action arise out of, are incident to or result from Joint Operations.
C. Notwithstanding Articles 3.3.3.A or 3.3.3.B:
(a) if any Managerial or Supervisory Personnel of Operator or its Affiliates engage in gross negligence, wilful misconduct or wilful failure to act and this causes the Parties to incur damage, loss, cost, expense or liability for claims, demands or causes of action referred to in Articles 3.3.3 A or 3.3.3.B, or
(b) if Operator fails to obtain or maintain any insurance which it is required to obtain or maintain under Article 3.12, except where it has used all reasonable endeavours to obtain or maintain such insurance but has been unable to do so and has promptly notified the Parties of such fact, and such failure causes the Parties to incur damage, loss, cost, expense or liability for claims, demands or causes of action referred to in Articles 3.3.3 A or 3.3.3.B then in addition to its Percentage Interest share, the Operator shall bear all such damages, losses, costs, expenses and liabilities.
Operator’s Liability. The Operator shall not in its role as Operator be liable for any loss or damage in connection with its responsibilities and functions as Operator unless such loss or damage results from:
(a) the gross negligence, wilful misconduct or wilful failure to act of the Managerial or Senior Personnel of the Operator or any of its Affiliates (to the extent such personnel perform functions as Operator); or
(b) its failure to ensure that the Parties in respect of their Percentage Interest share of the Joint Operations and the Joint Property, have obtained and maintained all insur- ance required under the Licence or any applicable laws and regulations and any addi- tional insurance determined by the Operating Committee; or
(c) its failure to obtain or maintain any insurance which it is required to obtain or main- tain under Section 3.12, except where it has used all reasonable endeavours to ob- tain or maintain such insurance but has been unable to do so and has promptly noti- fied the Parties of such fact; provided that in neither case shall the Operator be liable for any consequential loss or damage. For the purposes of this Section consequential loss or damage shall include but not be limited to inability to store Carbon Dioxide, environmental damage caused by a discharge of Carbon Dioxide, lost Carbon Dioxide or loss of profits.
Operator’s Liability. Operator shall not be liable to the other Parties for any act or omission in conducting operations hereunder unless such act or omission is the result of Operator's willful misconduct or gross negligence.
Operator’s Liability. 38.1 The Operator shall always exercise due care and diligence in handling the Principal’s Goods and undertake Operations in accordance with standard industry practice consistent with that of a prudent terminal operator.
38.2 Without prejudice to the Operator’s rights under the other provisions of the Agreement, Article 38.1 shall not impose on the Operator any liability for Claims arising from:-
(a) Force Majeure;
(b) any delay in the delivery of the Goods to the Operator; or
(c) the carrying out of any Operations consistent with that of a prudent terminal operator.
