Common use of Operator Liability Clause in Contracts

Operator Liability. Subject to the provisions of Section 15.4 hereof, Operator shall be liable for and agrees to indemnify and save Customer harmless from and against all claims, demands, suits, actions, debts, accounts, damages, costs, losses, liabilities and expenses of any kind and however made or incurred, arising out of the failure by Operator to perform any covenant or requirement under this Agreement (“claims”); provided, however, that in no event shall Operator be liable to Customer for any special, indirect, incidental, or consequential claims of any character, including without limitation, loss of use, lost profits or revenues, cost of capital, cancellation of permits, unabsorbed transportation charges or termination of contracts, additional out‑of‑pocket expenses incurred by Customer, tort or contract claims other than contract claims arising out of this Agreement, lost production or consequential property damages suffered by Customer, and irrespective of whether claims for such damages are based upon contract, warranty, negligence, strict liability or otherwise.