Common use of Liability to Owners Clause in Contracts

Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without prejudice to sub-clause 11.1 and Clause 25, 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 of the Management Services UNLESS same is proved to have resulted solely from the gross negligence or willful 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 never exceed a total of ten times the annual management fee payable hereunder.

Appears in 6 contracts

Samples: Management Agreement (Arlington Tankers Ltd.), Management Agreement (Arlington Tankers Ltd.), Management Agreement (Arlington Tankers Ltd.)

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Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without prejudice to sub-clause 11.1 11.1, and Clause 25, 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 of the Management Services UNLESS same is proved to have resulted solely from the gross negligence or willful wilful default of the Managers or their employees, or agents or sub- 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 never exceed a total of ten times the annual management fee payable hereunder.

Appears in 3 contracts

Samples: Management Agreement (Arlington Tankers Ltd.), Management Agreement (Arlington Tankers Ltd.), Agreement (Arlington Tankers Ltd.)

Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without Without prejudice to sub-clause 11.1 and Clause 2511.1, 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 unless same is proved to have resulted solely from the gross negligence negligence, breach of material obligations under this Agreement or willful default of the Managers or their employees, or agents or sub- 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 never exceed a total of ten two times the annual management fee Basic Management Fee payable hereunder.

Appears in 1 contract

Samples: Shipmanagement Agreement (GoodBulk Ltd.)

Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without Without prejudice to sub-clause 11.1 and Clause 2511.1, 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 unless same is proved to have resulted solely from the gross negligence negligence, breach of material obligations under this Agreement or willful default of the Managers or their employees, or agents or sub- 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 never exceed a total of ten two times the annual management fee Basic Management Fee payable hereunder.

Appears in 1 contract

Samples: Shipmanagement Agreement (GoodBulk Ltd.)

Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without Without prejudice to sub-clause 11.1 and Clause 2511.1, 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 same is proved to have resulted solely from the negligence, gross negligence or willful wilful default of the Managers Managers, or their directors or employees, or agents or sub- 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 never exceed a total of ten two times the annual management fee payable hereunder.

Appears in 1 contract

Samples: Supplemental Agreement (Dorian LPG Ltd.)

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Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without Without prejudice to sub-clause 11.1 and Clause 2510.1, 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 same is proved to have resulted solely from the negligence, gross negligence or willful default of the Managers or their employeesemployees or agents, or agents or sub- 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' ’ (acting by their Directors) 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 never exceed a total of ten times the annual management fee payable hereunderhereunder for Basic Services.

Appears in 1 contract

Samples: Management Agreement (Eagle Bulk Shipping Inc.)

Liability to Owners. (i) Save as otherwise provided for in the additional clauses and without Without prejudice to sub-clause 11.1 and Clause 2511.1, 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 same is proved to have resulted solely from the negligence, gross negligence or willful default of the Managers Managers, or their directors or employees, or agents or sub- 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 never exceed a total of ten two times the annual management fee payable hereunder.

Appears in 1 contract

Samples: Supplemental Agreement (Dorian LPG Ltd.)

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