Operator’s Liability. Operator's liability to the Developer as Operator under this Agreement shall be limited to, and Operator shall indemnify the Developer and hold it harmless from, claims, penalties, liabilities, obligations, charges, losses, costs, damages, or expenses (including but not limited to reasonable attorneys' fees) relating to, caused by or arising out of:
Operator’s Liability. The Operator shall not be liable to the Owner for any Liability arising as a result of the Owner’s decision not to implement any Improvement or the Operator’s decision to cease operations under Clause 9.3. The Owner shall indemnify the Operator against any Liability so arising.
Operator’s Liability. The Operator shall not in its role as Operator be liable for any loss or damage in connection with its responsibilities and functions as Operator unless such loss or damage results from:
Operator’s Liability. Except for its affirmative acts or negligence or the affirmative acts or negligence of its officers, agents, servants, employees or contractors, MAM shall not be responsible or liable for any damage or injury to any property, or to any person or persons, at any time on the licensed premises and the adjacent docking facilities, shipyard and parking areas, including any damage or injury to Licensee.
Operator’s Liability. (a) The Customer shall indemnify and hold the Operator harmless from and against all claims, costs, losses, liabilities, injury to person and/or damage to property, caused by or resulting from:
Operator’s Liability. Operator shall not be liable to the other Parties for any act or omission in conducting operations hereunder unless such act or omission is the result of Operator's willful misconduct or gross negligence.
Operator’s Liability. Notwithstanding anything to the contrary in this Agreement, except (a) in cases of actual fraud by Operator or Operator’s willful and intentional failure to perform the Services in breach of this Agreement or (b) with respect to damages claimed by third parties for which Owner is entitled to indemnification from Operator pursuant to Section 8.2, Operator’s total liability, whether based in contract, warranty, tort, strict liability or otherwise, arising out of, connected with or resulting from this Agreement or from the performance or breach hereof, or from any Services covered by or furnished by the Operator, shall be limited to $500,000 per Operating Year as of the Effective Date of this Agreement, subject to an annual escalation based on the CPI Index each successive Operating Year. It is expressly understood and agreed that the liability limitation expressed in this Section 8.1 is separate from, and is not to be construed as limiting, the limits of insurance and coverage described in Article 7.
Operator’s Liability. 38.1 The Operator shall always exercise due care and diligence in handling the Principal’s Goods and undertake Operations in accordance with standard industry practice consistent with that of a prudent terminal operator.
Operator’s Liability. A. Except as set out in Article 3.3.3.C the Operator shall not bear (except as a Party to the extent of its Percentage Interest share) any damage, loss, cost or liability resulting from performing (or failing to perform) its duties and functions as Operator.
Operator’s Liability. 22.01 Standard of Care Operator shall not, in the performance of its obligations under this Agreement, be liable to Owner or to any other Person for any act or omission (whether negligent, tortious or otherwise) of Operator or any of its Affiliates or any of their respective directors, officers, employees, consultants, agents or representatives, except only to the extent such liabilities, obligations, claims, costs and expenses arise out of or are caused by the wilful misconduct, gross negligence or bad faith of Operator or any of its Affiliates or any of their respective directors, officers, employees, consultants, agents or representatives.
