Common use of Limitation on Liability of Operator Clause in Contracts

Limitation on Liability of Operator. (A) Except as set out in Article 4.6(C), neither Operator nor any other Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of Operator, and the Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental to or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-existing defect, or the negligence (whether sole, joint or concurrent), strict liability or other legal fault of Operator (or any such Indemnitee).

Appears in 4 contracts

Samples: Overriding Royalty Agreement (Bontan Corp Inc), Overriding Royalty Agreement (Bontan Corp Inc), Joint Operating Agreement (Geoglobal Resources Inc.)

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Limitation on Liability of Operator. (A) Except as set out in Article 4.6(C), neither Operator nor any other Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of Operator, and the Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental incident to or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-existing defect, or the negligence (whether sole, joint or concurrent), gross negligence, willful misconduct, strict liability or other legal fault of Operator (or any such Indemnitee).

Appears in 3 contracts

Samples: Operating Agreement (Fortune Oil & Gas Inc), Operating Agreement (Refinery Science Corp), Joint Operating Agreement (Calibre Energy, Inc.)

Limitation on Liability of Operator. (A) Except as set out in this Article 4.6(C)4.6, neither the Party designated as Operator nor any other Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of the Operator, and the Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental incident to or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-existing defect, or the negligence (whether sole, joint or concurrent), gross negligence, strict liability or other legal fault of Operator (or any such Indemnitee).

Appears in 2 contracts

Samples: Joint Operating Agreement, Operating Agreement (Kosmos Energy Ltd.)

Limitation on Liability of Operator. (A) Except as set out in this Article 4.6(C)4.6, neither the Party designated as Operator nor any other Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of the Operator, and the Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental incident to or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-pre- existing defect, or the negligence (whether sole, joint or concurrent), gross negligence, strict liability or other legal fault of Operator (or any such Indemnitee).

Appears in 1 contract

Samples: Joint Operating Agreement

Limitation on Liability of Operator. (A) 4.6.A [Except as set out in Article 4.6(C)Articles 4.6.D], neither Operator nor any other Operator Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of Operator, and the Operator Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental to incident to, or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-existing defect, or the negligence (whether sole, joint or concurrent), gross negligence, willful misconduct, strict liability or other legal fault of Operator (or any such other Operator Indemnitee).

Appears in 1 contract

Samples: August (Duma Energy Corp)

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Limitation on Liability of Operator. (Aa) Except as set out in Article 4.6(Cclause 4.6(e) or 24.1(d), neither Operator nor any other Operator Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of Operator, and the Indemnitees Operator lndemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental to to, or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-existing defect, or the negligence (whether sole, joint or concurrent), Gross Negligence/Wilful Misconduct, strict liability or other legal fault of Operator (or any such other Operator Indemnitee).

Appears in 1 contract

Samples: Joint Operating Agreement (Tamboran Resources Corp)

Limitation on Liability of Operator. (A) Except as otherwise set out in this Article 4.6(C)4.6, neither the Operator nor any other Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of the Operator, and the Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental incident to or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-pre- existing defect, or the negligence (whether sole, joint or concurrent), Gross Negligence/Wilful Misconduct, strict liability or other legal fault of the Operator (or any such Indemnitee).

Appears in 1 contract

Samples: Joint Operating Agreement

Limitation on Liability of Operator. (A) Except as otherwise set out in this Article 4.6(C)4.6, neither Operator nor any other Indemnitee (as defined below) shall bear (except as a Party to the extent of its Participating Interest share) any damage, loss, cost, expense or liability resulting from performing (or failing to perform) the duties and functions of Operator, and the Indemnitees are hereby released from liability to Non-Operators for any and all damages, losses, costs, expenses and liabilities arising out of, incidental incident to or resulting from such performance or failure to perform, even though caused in whole or in part by a pre-existing defect, or the negligence (whether sole, joint or concurrent), gross negligence, Wilful misconduct, strict liability or other legal fault of Operator (or any such Indemnitee).

Appears in 1 contract

Samples: Joint Operating Agreement

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