Exclusion of the liability. 9.1 The Board will not be liable to the Company for any liability, loss (direct or indirect), awards, claims, proceedings, actions, damages, costs or expenses whatsoever which the Company may incur arising out of this Agreement or otherwise. 9.2 Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury caused by negligence. 9.3 Nothing in this Agreement shall be construed so as to hold harmless the Board of liability under 9.1 above to the extent that such directly arises from the Company following a specific, express and direct instruction of the Board in a particular respect. 9.4 The Company’s liability for breach of this Agreement and negligence or otherwise (including under the indemnity in Clause 8.1) is limited (except in the case of fraud, misappropriation of funds or deliberate and intentional breach) in aggregate to the insured amount for which the Company is covered under the relevant insurance policies it has put in place to cover those risks associated with the delivery of the Services.
Appears in 4 contracts
Samples: Confidentiality Agreement, Agreement, Confidentiality Agreement