Liability and Indemnity

 

In this Article, all references to the Aircraft Operator / Aircraft Owner (Hereinafter referred to as the “Client”) or the Handling Company shall include their employees, servants, agents and subcontractors. “Act or omission” shall include negligence
     
1. Except as stated in paragraph 4, the Client shall not make any claim against the Handling Company and shall indemnify it (subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of:
     
  a.delay, injury or death of persons carried or to be carried by the Client; and
  b.injury or death of any employee of the Client; and
  c.damage to or delay or loss of baggage, cargo or mail carried or to be carried by the Client; and
  d.damage to or loss of property owned or operated by, or on behalf of, the Client and any consequential loss or damage; arising from an act or omission of the Handling Company in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result.
     
  PROVIDED THAT all claims or suits arising hereunder shall be dealt with by the Client;
    and
  PROVIDED ALSO THAT the Handling Company shall notify the Client of any claims or suits without undue delay and shall furnish such assistance as the Client may reasonably require.
     
2. The Client shall not make any claim against the Handling Company in respect of damage, death, delay, injury or loss to third parties caused by the operation of the Client’s aircraft arising from an act of omission of the Handling Company in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury would probably result.
     
3. The Handling Company shall not make any claim against the Client and shall indemnify it (subject as hereafter provided) against any claim or suits, including costs and expenses incidental thereto, in respect of :
     
  a.injury to or death of any employee of the Handling Company, its servants, its agents or its sub-contractors;
  b.damage to or loss of property owned or operated by or on behalf of the Handling Company and any consequential loss or damage arising from an act of omission of the Client in the performance of this Agreement unless done with the intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, injury or loss would probably cause.
     
4. Notwithstanding paragraph 1(d), the Handling Company shall indemnify the Client against any physical loss of or damage to the Client’s Aircraft caused by the Handling Company’s negligent operation of ground support equipment PROVIDED ALWAYS THAT the Handling Company’s liability shall be limited to any such loss of or damage to the Carrier’s Aircraft in an amount not exceeding the level of deductible under the Client’s Hull All Risk Policy which shall not, in any event, exceed USD 1,500,000 except that loss or damage in respect of any incident below USD 3,000 shall not be indemnified. For the avoidance of doubt, save as expressly stated, this paragraph 4 does not affect or prejudice the generality of the provisions of paragraph 1 including the principle that the Client shall not make any claim against the Handling Company and shall indemnify it against any liability in respect of any and all consequential loss or damage howsoever arising.
     
5. For all other services, not being qualified as Aircraft Support Services as defined on the internet site of the Handling Company, the Handling Company will act as agent in engaging a preferred supplier who will on its own behalf render such services to the Client and the Handling Company will not be responsible for the performance of the obligations of the preferred supplier rendering such services and will not be liable for any damages resulting there from.

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