Liability and Indemnity

 

In this Article, each of the ‘Aircraft Operator’, ‘Aircraft Owner’ or ‘Aircraft Representative’ shall hereinafter be referred to as the “Client”. Any reference to the Client or the Handling Company shall be deemed to include such party’s respective employees, servants, agents and subcontractors.
     
1. The Handling Company shall not be liable for, and the Client (i) shall refrain from making any claim against the Handling Company, and (ii) shall fully indemnify and hold harmless the Handling Company against any damages, losses, costs or expenses suffered by the Handling Company in connection with any claims made in connection with:
     
  a.delay, injury or death of any person carried or to be carried by the Client;
  b.injury or death of any employee of the Client;
  c.delay or loss of baggage, cargo or mail carried or to be carried by the Client;
  d.loss of property owned or operated by, or on behalf of, the Client; and
  e.any act or omission of the Handling Company in the performance of this Agreement, save to extent caused by the Handling Company’s wilful intent.
     
2. Notwithstanding paragraph 1(d) herein above, but otherwise without prejudice to paragraph 1 herein above, the Handling Company shall be liable for, and agrees to indemnify and hold harmless the Client against, any damages or losses (however excluding any loss of profit, loss of business opportunity or any other form of indirect or consequential loss) to any aircraft used or operated by or on behalf of the Client, to the extent (but only to the extent) caused by the Handling Company’s negligent operation of ground support equipment PROVIDED ALWAYS THAT any liability of, and indemnity on behalf of, the Handling Company by operation of this provision shall be limited to the lesser of (i) the level of deductible under the Client’s Hull All Risk Policy, and (ii) USD 1,500,000, FURTHERMORE PROVIDED ALWAYS THAT the Handling Company shall not be liable for, and shall not indemnify the Client against any loss or damage in respect of, any damages as a result of any event and/or series of events, in aggregate not exceeding USD 3,000.
     
3. Without prejudice to the foregoing, it is acknowledged and agreed that, other than with respect to the type of services  provided or to be provided by the Handling Company pursuant to this agreement and qualifying as ‘Aircraft Support Services’ as defined on the internet site of the Handling Company, the Handling Company shall act as agent on behalf of the Client when acting towards third parties for purposes of such third parties rendering certain services as the Client may request or use, as the case may be, whether such would involve the entering into of an agreement with any such third party or otherwise, in which case the Handling Company shall have no responsibility and shall not be liable towards the Client for any performance or non-performance (wether in whole or in part) by such third party.
     
4. Any claim as referred to in paragraph 1 herein above shall be handled by the Client.  The Handling Company agrees to notify the Client as soon as it becomes aware of any such claim and shall furnish such assistance as the Client may reasonably require.
     
5. This agreement shall in all respects be governed by and interpreted in accordance with the laws of The Netherlands including all related non-contractual matters and all matters of construction, validity and performance applicable to contracts made and to be performed therein. All disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the district court (rechtbank) of Amsterdam.

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