Liability to HCOL Clause Samples

Liability to HCOL. (i) Without prejudice to Sub-clause 13(a) of Part II, the Technical Contractor shall be under no liability whatsoever to HCOL 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 Technical Services pertaining to the Agreement UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Technical Contractor or its employees or agents, or subcontractors employed by them in connection with the Vessel, in which case (save where loss, damage, delay or expenses has resulted from the Technical Contractor's personal act or omission committed with the intent to cause same or recklessly and with knowledge that such acts would probably result in loss, damage, delay or expense) the Technical Contractor’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a total of ten (10) times the Fee payable hereunder. (ii) Acts or omissions of the Crew; notwithstanding anything that may appear to the contrary in this Agreement, the Technical Contractor shall not be liable for any acts or omissions of the Crew, even if such acts or omissions are negligent, grossly negligent or wilful, except only to the extent that they are shown to have resulted from a direct instruction of the Technical Contractor, in which case the Crew’s liability shall be limited in accordance with the terms of this Clause 13 (Responsibilities).