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.

承運人不得向代理人提出索賠，并應(yīng)償付下述情況下的法律索賠和訴訟費以及其它相關(guān)費用與開支，但由于代理人的故意行為或過失或明知可能導(dǎo)致破損、死亡、延誤、傷害除外。

Provided that all claims or suits arising hereunder shall be dealt with by the Carrier; and

如下述情況產(chǎn)生索賠或訴訟應(yīng)由承運人辦理；且

Provided also that the Handling Company shall notify the Carrier of any claims or suits without undue delay and shall furnish such assistance as the Carrier may reasonably require.

代理人應(yīng)及時告之承運人索賠事件和訴訟案例，并且若承運人提出合理要求，代理人應(yīng)給予協(xié)助。

Provided also that where any of the services performed by the Handling Company hereunder relate to the carriage by the Carrier of passengers, baggage or cargo direct to or from a place in the United States of America the Warsaw Convention would have applied if any such act or omission had been committed by the Carrier but are held by a Court not be applicable to such act or omission committed by the Handling Company in performing this Agreement then upon such decision of the Court the indemnity of the Carrier to the Handling Company hereunder shall be limited to an amount not exceeding the amount for which the Carrier would have been liable if it had committed such act or omission.