Common use of Operator’s Liability Clause in Contracts

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. The Operator shall not in its role as Operator be liable for any loss or damage in connection with its responsibilities 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 4.123.12, 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 conse­quential loss or damage. For the purposes of this Section consequential loss or damage shall include but not be limited to inability to store CO2produce Hydrocarbons, environmental damage caused by a discharge of CO2Hydrocarbons, lost CO2 produc­tion or loss of profits.