Himalaya Clause. The Customer:
Himalaya Clause. It is hereby expressly agreed that no employee of the Agent (including every sub-contractor from time to time employed by the Agent) shall in any circumstances whatsoever be under any liability whatsoever to the Principal for any expense, loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect, or default on its part while acting in the course of or in connection with its employment and, without prejudice to the generality of the foregoing provisions in this Clause 19(ii), every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Agent or to which the Agent is entitled hereunder shall also be available and shall extend to protect every such employee or sub- contractor acting as aforesaid and for the purpose of all the foregoing provisions of this Clause 19 the Agent is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its servants or agents from time to time (including sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.
Himalaya Clause. All exceptions, exemptions, defences, immunities, limitations of liability, indemnities, privileges and conditions granted provided by this Agreement for the benefit of the Owner or the Hirer shall also apply to and be for the benefit of their respective sub-contractors, operators, Masters, Officers and crews and to and be for the benefit of all bodies corporate, parent of, subsidiary to, affiliated with or under the same management as either of them, as well as all Directors, Officers, servants and agents of the same and to and be for the benefit of all parties performing services within the scope of this Agreement for or on behalf of the Owner or the Hirer as servants, agents and sub-contractors of such parties. The Owner or the Hirer shall be deemed to be acting as agent or trustee of and for the benefit of all such persons and entities of the vessels set forth above but only for the limited purpose of contracting for the extension of such benefits to such persons ,bodies and vessels.
Himalaya Clause. Any bills of lading issued under this Charter shall incorporate the following Himalaya Clause: “It is hereby expressly agreed that no servant or agent of the carrier (including every independent contractor from time to time employed by the carrier) shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee or owner of the goods or to any holder of this xxxx of lading for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, but without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the carrier acting as aforesaid and for the purpose of all the foregoing provisions of this clause the carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this xxxx of lading.”
Himalaya Clause. Customer shall include Empire or arrange to have it included as an express beneficiary, to the extent of the Services provided, of ail rights, immunities and limitation of liability provisions of ail contracts of affreightment or contracts of carriage, as evidenced by its or carrier's standard bills of lading, issued by Customer or the carrier during the effective period of these Conditions. Whenever the customary rights, immunities and/or liability limitations are waived or omitted by Customer, the Customer agrees to indemnify, defend and hold harmless Empire, its officers, directors, managers, employees and authorized agents against any resultant increase in liability. ln the event Customer is not the carrier of Goods to be handled by Empire, Customer expressly agrees that all the rights, immunities and liability limitations contained in a carrier's applicable bill of lading shall inure to the benefit of Empire. Customer agrees that in no event shall Empire have any liability in excess of that of the carrier respecting loss or damage of Goods and agrees to indemnify, defend and hold harmless Empire, its officers, directors, managers, employees and authorized agents from any liability incurred by Empire in excess of that of the carrier respecting loss or damage to Goods.
Himalaya Clause. 5.1 The Carrier is entitled to sub-contract on any terms all or part of its obligations contained within this Agreement.
Himalaya Clause. Customer shall include QSL-TT or arrange to have it included as an express beneficiary, to the extent of the Services provided, of all rights, immunities and limitation of liability provisions of all contracts of affreightment or contracts of carriage, as evidenced by its or carrier’s standard bills of lading, issued by Customer or the carrier during the effective period of these Conditions. Whenever the customary rights, immunities and/or liability limitations are waived or omitted by Customer, the Customer agrees to indemnify, defend and hold harmless QSL-TT, its officers, directors, managers, employees and authorized agents against any resultant increase in liability. In the event Customer is not the carrier of Goods to be handled by QSL-TT, Customer expressly agrees that all the rights, immunities and liability limitations contained in a carrier’s applicable xxxx of lading shall inure to the benefit of QSL-TT. Customer agrees that in no event shall QSL-TT have any liability in excess of that of the carrier respecting loss or damage of Goods and agrees to indemnify, defend and hold harmless QSL-TT, its officers, directors, managers, employees and authorized agents from any liability incurred by QSL-TT in excess of that of the carrier respecting loss or damage to Goods.
Himalaya Clause. (i) All exceptions, exemptions, defences, immunities, limitations of liability, indemnities, privileges and conditions granted or provided by this Charter Party or by any applicable statute, rule or regulation for the benefit of the Charterers shall also apply to and be for the benefit of the Charterers' parent, affiliated, related and subsidiary companies; the Charterers' contractors, sub-contractors, clients, joint venturers and joint interest owners (always with respect to the job or project on which the Vessel is employed); their respective employees end their respective underwriters.
Himalaya Clause. It is hereby expressly agreed that no employee or agent of UP (including every sub-contractor from time to time employed by UP) shall in any circumstances whatsoever be under any liability whatsoever to NDS for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing provisions in this Article, every exemption, limitations, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to UP or to which UP are entitled hereunder shall also be available and shall extend to protect every such employee or agent of UP acting as aforesaid and for the purpose of all the foregoing provisions of this Article UP is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be their servants or agents from time to time (including sub-contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to this Agreement.
Himalaya Clause. All exceptions, exemptions, defenses, immunities, limitations of liability, privileges, and conditions granted or provided by the Agreement or by any applicable statute for the benefit of Xxxxxx will be extended to and for the benefit of the barges, Xxxxxx’x other vessels, and any substituted vessel as well as their respective owners, demise charterers, operators, master, officers and crew, and will further be extended to and for the benefit of all Xxxxxx Parties.
