Himalaya Clause definition

Himalaya Clause means a clause stipulating that the servant, agent, or independent contractor employed by the contracting party shall be entitled to the protection and benefit of every right, exemption, limitation, immunity or defence available to that contracting party and that the contracting party is contracting not only on his own behalf but as agent or trustee for such persons;
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Examples of Himalaya Clause in a sentence

  • In order to prevent third parties attempting to circumvent limits of liability by taking direct action against employees or subcontractors, the Himalaya Clause extends defences available under the contract to the Agent’s employees and subcontractors.

  • The Carrier agrees that it shall insert a Himalaya Clause into the Ship’s ▇▇▇▇ of Lading by which all defenses, exceptions, limitations of liability and other rights of Carrier shall be extended to Contractor subject to applicable laws.

  • Exception – was made to apply to liability insurance (Trident Insurance v ▇▇▇▇▇▇▇) Each of the ways to do this doesn't break the privity rule: Argue that C is a party, C sues B sues A for breach Specific performance trust – trustee B sues on C's behalf Contracts that attempt to burden a third party – Himalaya Clause – the carried excludes liability, this also extends to stevedores – The Eurymedon – an exclusion clause that worked.

  • To that extent, the Client or its “agent(s)” is a carrier of cargo (including an NVOCC), Client shall insure that Contractor will have all benefits and defences, both statutory and common law, available to it including inter-alia, those under Carriage of Goods At Sea Act (COGSA), ▇▇▇▇▇▇ Act and such others as the law may allow including the Himalaya Clause, Period of Responsibility Clause and any Clause Paramount.