EXERCISE OF SKILL AND CARE Sample Clauses

EXERCISE OF SKILL AND CARE. 2.1 The Consultant warrants and undertakes to Homes England that it has observed and performed and shall continue to observe and perform each and all of its services, duties and obligations contained in or implied by the Appointment. Save as expressly provided for in this Agreement1 the liability of the Consultant is to be treated as being no greater or longer than it would have been if Homes England had been a party to the Appointment instead of this Agreement and 2the Consultant shall be entitled in defence of any action or proceedings by Homes England under this Agreement to raise equivalent rights of defence of liability as it would have against the Employer under the Appointment but neither this provision nor any other provision in this Agreement shall entitle the Consultant to raise any defence based on set-off or counterclaim and/or prevent Homes England from recovering loss and/or damage from the Consultant as a result of the Consultant's breach of any provisions of this Agreement on the basis that the Employer has not suffered any loss and/or damage and/or the same loss and/or damage and the Consultant hereby irrevocably agrees and undertakes not to raise any such arguments by way of defence and/or set-off and/or counterclaim to any claim made by Homes England.
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EXERCISE OF SKILL AND CARE 
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