Common use of Liability to Owners Clause in Contracts

Liability to Owners. The Managers shall be under no liability to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the same is proved to have resulted from the breach of this Agreement, fraud, gross negligence, or wilful misconduct of the Managers or their employees, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall not exceed a total of twelve (12) times the monthly Management Fee of Forty-Six Thousand Dollars (US$46,000) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained in the contrary, the Managers shall not be liable for any of the actions of the Crew, even if such actions are negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses 3.1 or 3.4, in which case their liability shall be limited in accordance with the terms of this Clause 10.2.

Liability to Owners. The (i) Without prejudice to Clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, Services unless the same is proved to have resulted solely from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct default of the Managers or their employeesemployees or agents, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly Management Fee of Forty-Six Thousand Dollars annual management fee payable hereunder for Basic Services. (US$46,000ii) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable responsible for any of the actions of the Crew, Crew even if such actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses Clause 3.1 or 3.4, in which case their liability shall be limited in accordance with the terms of this Clause 10.211.

Liability to Owners. The i. Without prejudice to sub-clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the Services UNLESS same is proved to have resulted from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct willful default of the Managers or of their employees, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ ' personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ ' liability for each such incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly annual DAILY Management Fee of Forty-Six Thousand Dollars (US$46,000) as adjusted annually pursuant to Clause 7.3 abovepayable hereunder MULTIPLIED BY 365 DAYS. ii Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable for any of the actions of the Crew, Crew even if such actions are negligent, grossly negligent or wilfulwillful, except only to the extent that they are shown to have resulted from a failure by to the Managers to discharge their obligations under Clauses 3.1 or 3.4sub-Clause 3.1, in which case their liability shall be limited in accordance with the terms of this Clause 10.211.

Liability to Owners. The (i) Without prejudice to sub-clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the Services UNLESS same is proved to have resulted solely from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct default of the Managers or their employees, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly Management Fee of Forty-Six Thousand Dollars annual management fee payable hereunder. 347 (US$46,000ii) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable for any of the actions of the Crew, even if such actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses 3.1 or 3.4sub-clause 3.1, in which case their liability shall be limited in accordance with the terms of this Clause 10.211.

Liability to Owners. The (i) Without prejudice to sub-clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the Services UNLESS same is proved to have resulted solely from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct default of the Managers or their employees, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly Management Fee of Forty-Six Thousand Dollars annual management fee payable hereunder. (US$46,000ii) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable for any of the actions of the Crew, even if such actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses 3.1 or 3.4sub-clause 3.1, in which case their liability shall be limited in accordance with the terms of this Clause 10.2.11. 11.3

Liability to Owners. The Managers shall be under no liability to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the same is proved to have resulted from the breach of this Agreement, fraud, gross negligence, or wilful misconduct of the Managers or their employees, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ liability for each incident or series of incidents giving rise to a claim or claims shall not exceed a total of twelve (12) times the monthly Management Fee of Forty-Six Thousand [●] Dollars (US$46,000US$ [●]) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained in the contrary, the Managers shall not be liable for any of the actions of the Crew, even if such actions are negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses 3.1 or 3.4, in which case their liability shall be limited in accordance with the terms of this Clause 10.2.

Liability to Owners. The (i) Without prejudice to Clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the Services UNLESS same is proved to have resulted solely from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct default of the Managers or their employeesemployees or agents, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ ' Exhibit 4.49 personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ ' liability for each incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly Management Fee of Forty-Six Thousand Dollars annual Fees payable hereunder for Basic Services. (US$46,000ii) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable for any of the actions acts or omissions of the Crew, Crew even if such actions acts or omissions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted solely from a failure by the Managers to discharge their obligations under Clauses Clause 3.1 or 3.4, in which case their liability shall be limited in accordance with the terms of this Clause 10.211.

Liability to Owners. The (i) Without prejudice to Clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, Services unless the same is proved to have resulted solely from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct default of the Managers or their employeesemployees or agents, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ ' personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ ' liability for each incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly Management Fee of Forty-Six Thousand Dollars annual management fee payable hereunder for Basic Services. (US$46,000ii) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable responsible for any of the actions of the Crew, Crew even if such actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses Clause 3.1 or 3.4, in which case their liability shall be limited in accordance with the terms of this Clause 10.2.11. 11.3

Liability to Owners. The (i) Without prejudice to sub-clause 11.1, the Managers shall be under no liability whatsoever to the Owners for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, indirect (including but not limited to loss of profit arising out of or in connection with detention of or delay to the Vessel) and howsoever arising in the course of performance of the Management Services, unless the Services UNLESS same is proved to have resulted solely from the breach of this Agreement, fraudnegligence, gross negligence, negligence or wilful misconduct default of the Managers or their employees, or agents or sub-contractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expense has resulted from the Managers’ ' personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result) the Managers’ ' liability for each incident or series of incidents giving rise to a claim or claims shall not never exceed a total of twelve (12) ten times the monthly Management Fee of Forty-Six Thousand Dollars annual management fee payable hereunder. (US$46,000ii) as adjusted annually pursuant to Clause 7.3 above. Notwithstanding anything herein contained that may appear to the contrary in the contrarythis Agreement, the Managers shall not be liable for any of the actions of the Crew, even if such actions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a failure by the Managers to discharge their obligations under Clauses 3.1 or 3.4sub-clause 3.1, in which case their liability shall be limited in accordance with the terms of this Clause 10.211.