The Guaranty Engineer shall comply with Purchaser's (or ship
operator's) rules while on board the Vessel.
Purchaser shall not request the
Guaranty Engineer's guidance, suggestions or advice concerning operation of the
Vessel.
Purchaser shall grant Contractor's Guaranty Engineer reasonable access
to the Vessel and reasonable assistance in performing his/her duties.
(iii)
Purchaser shall provide Contractor's Guaranty Engineer with suitable
accommodations and messing at no charge to Contractor.
Contractor shall be
responsible for payment of the costs of personal accident insurance, wages and
repatriation costs for its Guaranty Engineer.
(iv)
Contractor's Guaranty Engineer shall, at all times and in all
respects, be deemed to be an employee of Contractor.
Purchaser shall be under
no liability whatsoever to Contractor or Contractor's Guaranty Engineer for
personal injuries, including death, suffered by Contractor's Guaranty Engineer
during the time when he is on board the Vessel, unless such injury or death, is
shown to have been caused by the gross negligence or willful acts of Purchaser,
and/or its subcontractors and/or their employees or agents (including
Purchaser's Representatives), while acting within the scope of their employment
or engagement.
(k)
Limitation of Liability.
(i) As to Contractor:
(A) NOTWITHSTANDING ANY PROVISION OF THIS CONTRACT TO THE CONTRARY INCLUDING THE
INDEMNIFICATION CLAUSE AND INSURANCE CLAUSE, CONTRACTOR SHALL NOT BE LIABLE TO
PURCHASER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING UNDER OR DIRECTLY OR INDIRECTLY RELATING TO THIS
CONTRACT OR THE SUBJECT MATTER HEREOF, (INCLUDING WITHOUT LIMITATION LOSS OF
USE, INCOME, PROFITS OR ANTICIPATED PROFITS, BUSINESS OR BUSINESS OPPORTUNITY,
SAVINGS, DATA, OR BUSINESS REPUTATION) ARISING UNDER, OR IN CONNECTION WITH THIS
CONTRACT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF WHETHER SUCH DAMAGES ARE
BASED IN CONTRACT, EQUITY, OR WHEN THE DAMAGES ARE ALLEGED TO BE CAUSED BY
TORTIOUS CONDUCT, BREACH OF WARRANTY OR ANY OTHER THEORY, WHATSOEVER, AND
REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE
KNOWN OF THE POSSIBILITY THAT SUCH DAMAGES COULD OCCUR.
(B)
CONTRACTOR'S TOTAL AGGREGATE LIABILITY ON A PER VESSEL BASIS,
(EXCLUSIVE OF CONTRACTOR'S GUARANTY OBLIGATIONS AS PROVIDED FOR IN THIS ARTICLE
19 WITH RESPECT TO EACH VESSEL;
30
CONTRACTOR'S FAILURE TO OBTAIN A U.S. COASTWISE ENDORSEMENT FOR EACH VESSEL AS
REQUIRED IN ARTICLE 1; CONTRACTOR'S OBLIGATION TO PAY LIQUIDATED DAMAGES UNDER
VESSEL PERFORMANCE ARTICLE 7 OR UNDER DAMAGES FOR DELIVERY ARTICLE 9;
CONTRACTOR'S OBLIGATION TO REFUND PAYMENTS RECEIVED UNDER DEFAULT OF CONTRACTOR
AND PURCHASHER'S REMEDIES ARTICLE 26 OR CONTRACTOR'S OBLIGATION TO REFUND
PAYMENTS RECEIVED UNDER DAMAGES FOR DELIVERY ARTICLE 9(C), OR FOR LOSSES OR
OTHER CLAIMS THAT WOULD HAVE BEEN COVERED BY INSURANCE REQUIRED TO BE OBTAINED
BY CONTRACTOR UNDER CONTRACTOR'S INSURANCE ARTICLE 21 WHERE CONTRACTOR HAS NOT
OBTAINED THE REQUIRED INSURANCE; CONTRACTOR'S FAILURE TO REPAIR LOSS OR DAMAGE
TO THE VESSEL OR TO MAKE PAYMENTS AS REQUIRED UNDER LOSS OR DAMAGE OF VESSEL
ARTICLE 23; OR CONTRACTOR'S BREACH OF THE OBLIGATIONS TO RESOLVE ANY LIENS ON
THE CONTRACT WORK OR A VESSEL AS REQUIRED UNDER LIENS ARTICLE 28; OR FOR
CONTRACTOR'S FRAUD