Common use of Extent of Liability Clause in Contracts

Extent of Liability. 9.1 The following sets out the entire financial liability of the Agent to the Client (including any liability for the acts or omissions of employees, agents or subcontractors) in respect of: 9.1.1 any breach by the Agent of this Agreement; 9.1.2 non or incomplete performance or contemplated performance by the Agent of this Agreement; 9.1.3 negligence for which the Agent is liable; 9.1.4 any representation or statement arising under or in connection with this Agreement or by or on behalf of the Agent; and 9.1.5 any breach of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. 9.2 The Agent shall not be responsible for any loss, damage, costs or claims by the Client resulting from the performance or non-performance of the Contract Services by the Freelancer or from the negligence, dishonesty, misconduct or lack of skill of the Freelancer or if the Freelancer terminates an Assignment or Order for any reason. 9.3 The total liability of the Agent to the Client under any Order shall not exceed the value of the Charges in respect of the Order concerned. 9.4 The total liability of the Agent to the Client in respect of all claims under this Agreement shall not exceed ten per cent (10%) of the aggregate value of all Charges payable under this Agreement. 9.5 The Agent shall in no circumstances be liable to the Client for any loss of profits, loss of business or production, depletion of goodwill and any indirect loss, damage, costs or expenses whatsoever arising out of or in connection with the performance of the Agency Services or the Contract Services. 9.6 Notwithstanding anything to the contrary, the Agent’s liability to the Client for death or personal injury resulting from the negligence of the Agent, its employees, agents or sub-contractors or fraud shall not be limited. 9.7 Except to the extent the Agent may be liable to the Client pursuant to this Agreement, the Client shall indemnify and keep the Agent indemnified against any costs, claims, damages, fines, penalties and liabilities incurred by the Agent arising out of any Assignment or as a result of any act, error or omission of the Client or the Freelancer throughout the duration of an Assignment (including, but not limited to, any negligence, breach of statutory duty or breach by the Client of its obligations pursuant to this Agreement). 9.8 The Client shall indemnify and keep indemnified the Agent from and against any and all claims (whether valid or invalid), costs, expenses or liabilities, damages, actions and judgements, (including legal fees on a full indemnity basis), together with any VAT thereon arising out or connected with, or resulting from any actual or alleged non-compliance with, and/or as a result of any breach or alleged breach of the AWR by the Freelancer, the Agent and/or the Client in relation to this Agreement.

Extent of Liability. 9.1 The following sets out the entire financial liability of the Agent to the Client (including any liability for the acts or omissions of employees, agents or subcontractors) in respect of: 9.1.1 any breach by the Agent of this Agreement; 9.1.2 non or incomplete performance or contemplated performance by the Agent of this Agreement; 9.1.3 negligence for which the Agent is liable; 9.1.4 any representation or statement arising under or in connection with this Agreement or by or on behalf of the Agent; and 9.1.5 any breach of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. 9.2 The Agent shall not be responsible for any loss, damage, costs or claims by the Client resulting from the performance or non-performance of the Contract Services by the Freelancer Supplier or the Supplier’s Personnel or from the negligence, dishonesty, misconduct or lack of skill of the Freelancer Supplier or the Supplier’s Personnel or if the Freelancer Supplier terminates an Assignment or Order for any reason. 9.3 The total liability of the Agent to the Client under any Order shall not exceed the value of the Charges in respect of the Order concerned. 9.4 The total liability of the Agent to the Client in respect of all claims under this Agreement shall not exceed ten per cent (10%) of the aggregate value of all Charges payable under this Agreement. 9.5 The Agent shall in no circumstances be liable to the Client for any loss of profits, loss of business or production, depletion of goodwill and any indirect loss, damage, costs or expenses whatsoever arising out of or in connection with the performance of the Agency Services or the Contract Services. 9.6 Notwithstanding anything to the contrary, the Agent’s liability to the Client for death or personal injury resulting from the negligence of the Agent, its employees, agents or sub-contractors or fraud shall not be limited. 9.7 Except to the extent the Agent may be liable to the Client pursuant to this Agreement, the Client shall indemnify and keep the Agent indemnified against any costs, claims, damages, fines, penalties and liabilities incurred by the Agent arising out of any Assignment or as a result of any act, error or omission of the Client or the Freelancer Supplier or the Supplier’s Personnel throughout the duration of an Assignment (including, but not limited to, any negligence, breach of statutory duty or breach by the Client of its obligations pursuant to this Agreement). 9.8 The Client shall indemnify and keep indemnified the Agent from and against any and all claims (whether valid or invalid), costs, expenses or liabilities, damages, actions and judgements, (including legal fees on a full indemnity basis), together with any VAT thereon arising out or connected with, or resulting from any actual or alleged non-compliance with, and/or as a result of any breach or alleged breach of the AWR by the FreelancerSupplier, the Supplier’s Personnel, the Agent and/or the Client in relation to this Agreement.