Onder 2.6 Gerechtshof Arnhem-Leeuwarden 1 november 2016

“Whereas: (…) GSY wishes to subcontract part of the work arising from the Contract to Protowin; (…) Article 1 1.1 GSY assigns hereby Protowin, as Protowin accepts, to carry out the work arising out of the Contract in accordance with the provisions as further specified in Annex 1 hereto. Article 2 (…) 2.2 This agreement may furthermore be terminated in accordance with the provision contained in article 408 of book 7 of the Dutch Civil Code (…) Article 3 3.1 In consideration of Protowin performing its obligations in accordance with this Agreement, GSY shall pay Protowin fees as set out in Annex 1. (…) Article 4 4.1 The work will be carried out at the yard of GSY in [C] , the Netherlands. Article 5 5.1 GSY accepts no liability whatsoever for any claim from any party connected with the work Protowin has carried out in the scope of this contract. Protowin shall indemnify and hold harmless GSY from and against any claim from Hogau or any other party, in connection with or related to he work Protowin has carried out in the scope of this contract. GSY will be reimbursed on the first demand. 5.2 GSY is entitled to set off claims of Hogau or any other party with fees due to Protowin and with any other claim GSY has on Protowin.” Het Annex 1. waarnaar in de (raam)overeenkomsten wordt verwezen is (ook in hoger beroep) niet overgelegd.

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