Limitation of Liability. Without prejudice to Section 7.3 and save in respect of any liability incurred under Section 7.5 (which shall not be limited under this Section 7.6), under no circumstances shall the liability of any Party under this Agreement exceed £100,000.
Any notice, claim or demand in connection with this Agreement shall be given in writing to BP or Sonatrach at the address set forth in the Recitals of this Agreement or in the case of the Auction Administrator or the Applicant, the address set forth in Schedule 1, or such other address as the relevant Party shall previously have notified to the other Parties. Any notice sent by fax shall be deemed received when sent; any notice sent by hand shall be deemed received when delivered; and any notice sent by first class post shall be deemed received 48 hours after posting.
This Agreement may be entered into in any number of counterparts, all of which taken together shall constitute one and the same Agreement. Any Party may enter into this Agreement by signing any such counterpart. The execution of a signature page to this Agreement shall be deemed to be the execution of counterpart thereof.
This Agreement shall be governed by and construed in accordance with the laws of England.
Each of the Parties irrevocably agrees that the courts of England are to have exclusive jurisdiction to settle any dispute or controversy which may arise out of or in connection with this Agreement and that accordingly any proceedings arising out of or in connection with this Agreement shall be brought in such courts. By signing this Agreement, the Applicant consents to sue, or to be sued, exclusively in such courts.
Without prejudice to any other rights or remedies which a Party may have, each Party acknowledges and agrees that damages would not be an adequate remedy for any breach by another Party of the provisions of this Agreement and each Party shall be entitled to the remedies of injunction, specific performance, and other relief for any threatened or actual breach of any such provision by another Party or any other relevant person and no proof of special damages shall be necessary for the enforcement by any Party of the rights under this Agreement.
No Party may assign any of its rights or transfer any of its rights or obligations under this Agreement to any person (including to another Party) without the prior written consent of the Primary Shipper.
If any provision of this Agreement shall be held to be illegal, void, invalid or unenforceable under any Applicable Laws, the legality, validity and enforceability of the remainder of this Agreement (or any provision thereof) that would not violate any such Applicable Laws shall not be affected, and the legality, validity and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected.
Version 1.4 – 2 December 200810