Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the Authority’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors. (2) The Contractor shall be liable to the Authority for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the Authority’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise). (3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,000, and shall at the request of the Authority produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under. (4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority or its representatives in their personal capacity. (5) The Contractor shall indemnify the Authority against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the Authority. (6) The Authority shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor. (7) Except in relation to death or personal injury as referred to in Condition 18(1), and subject to Conditions 18(5) and 30(6) the amount of liability under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority and the Contractor.
Appears in 7 contracts
Samples: Contract for the Provision of Services, Contract for the Provision of State Aid Consultancy, Financial and Commercial Advice Contract
Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the Authority’s staff or agents, or by third partiesParties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors.
(2) The Contractor shall be liable to the Authority for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the Authority’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,000, and shall at the request of the Authority produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under. Such insurance shall be maintained for the duration of the Contract Period.
(4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the Authority.
(6) The Authority shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) In no event shall:
(a) either Party be liable to the other for any loss of profits, business, revenue or goodwill: or
(b) The Authority be liable to the Contractor for indirect or consequential loss or damage.
(8) Except in relation to death or personal injury as referred to in Condition 18(1paragraph (1), and subject except in relation to the indemnities in paragraph (5) above and Conditions 18(530(3) and 30(6) the amount of liability under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority and the Contractor.37
Appears in 2 contracts
Samples: Contract for the Provision of Services, Contract for the Provision of Services
Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the Authority’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-sub- contractors.
(2) The Contractor shall be liable to the Authority for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the Authority’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,000, and shall at the request of the Authority produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under.
(4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the Authority.
(6) The Authority shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(1), and subject to Conditions 18(5) and 30(6) the amount of liability under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority and the Contractor.
Appears in 2 contracts
Samples: Contract for the Provision of Services, Contract for Research Services
Indemnities and Insurance. (1) 8.1 The Contractor shall hold harmless and indemnify the Authority Secretary of State on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the AuthoritySecretary of State’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract Agreement or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractorsContractors.
(2) 8.2 The Contractor shall be liable to the Authority Secretary of State for any all loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the AuthoritySecretary of State’s property, which includes data) data arising from the Contractor’s breach of contract this Agreement or duty (whether arising in negligence, tort, statute or otherwise).
(3) 8.3 The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the ContractAgreement, which in any event shall not be less than £1,000,000, and shall at the request of the Authority Secretary of State produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under.
(4) 8.4 Nothing in these Conditions nor in any part of the Contract this Agreement shall impose any liability on any member of the staff of the Authority Secretary of State or its representatives in their personal capacity.
(5) 8.5 The Contractor shall indemnify the Authority Secretary of State against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the ContractAgreement, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the AuthoritySecretary of State.
(6) 8.6 The Authority Secretary of State shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority Secretary of State by the Contractor in the course of providing the ServicesWork, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) 8.7 Except in relation to death or personal injury as referred to in Condition 18(1)Clause 8.1, and subject to Conditions 18(5) Clauses 8.5 and 30(6) 8.6, the amount of liability under in relation to this clause Agreement shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater5,000,000 (five million pounds) per claim and £10,000,000 (ten million pounds) in total in any period commencing from 1 June through to 31 May each year, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority Secretary of State and the Contractor.
Appears in 1 contract
Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority OGA on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the AuthorityXXX’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors.
(2) The Contractor shall be liable to the Authority OGA for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the AuthorityOGA’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,000, and shall at the request of the Authority OGA produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under.
(4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority OGA or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority OGA against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the AuthorityOGA.
(6) The Authority OGA shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority OGA by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(1), and subject to Conditions 18(5) and 30(6) the amount of liability under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority OGA and the Contractor.
Appears in 1 contract
Samples: Standard Terms and Conditions of Contract for Services
Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the Authority’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract Agreement or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors.
(2) The Contractor shall be liable to the Authority for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the Authority’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the ContractAgreement, which in any event shall not be less than £1,000,000, and shall at the request of the Authority produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium there due there under.
(4) Nothing in these Conditions nor in any part of the Contract Agreement shall impose any liability on any member of the staff of the Authority or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority against all proceedings, actions, claims, demands, demands and costs (including legal costs), ) charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the ContractAgreement, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the Authority.
(6) The Authority shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to byto, by any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(117(1), and subject to Conditions 18(517(5) and 30(628(6) the amount of liability under this clause shall be limited to a sum of £4,000,000 or twice the contract Agreement value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement Finance on behalf of the Authority and the Contractor.
Appears in 1 contract
Samples: Agreement for Services
Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority Council on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the AuthorityCouncil’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors.
(2) The Contractor shall be liable to the Authority Council for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the AuthorityCouncil’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,000, and shall at the request of the Authority Council produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under.
(4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority Council or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority Council against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the AuthorityCouncil.
(6) The Authority Council shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority Council by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(118 (1), and subject to Conditions 18(518 (5) and 30(628 (6) the amount of liability under this clause shall be limited to a sum of £4,000,000 150,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority Council and the Contractor.
Appears in 1 contract
Samples: Standard Terms and Conditions
Indemnities and Insurance. (1) The Contractor shall hold harmless and indemnify the Authority OGA on demand from and against all claims, demands, proceedings, actions, damages, costs (including legal costs), expenses and any other liabilities arising from claims made by the AuthorityOGA’s staff or agents, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectly, by the breach of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors.
(2) The Contractor shall be liable to the Authority OGA for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the AuthorityOGA’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,000, and shall at the request of the Authority OGA produce the relevant policy or policies together with receipt or other evidence of payment of the latest premium due there under.
(4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority OGA or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority OGA against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the AuthorityOGA.
(6) The Authority OGA shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority OGA by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(1), and subject to Conditions 18(5) and 30(6) the amount of liability under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority OGA and the Contractor.
Appears in 1 contract
Samples: Standard Terms and Conditions of Contract for Services
Indemnities and Insurance. (1) The Contractor shall indemnify and hold Monitor harmless and indemnify the Authority on demand from against the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise and whether direct or indirect) or that of its employees, agents or sub-contractors in respect of:
a. any losses incurred due to death or personal injury;
b. any loss, damage, destruction, injury or expense suffered by Monitor (including but not limited to loss or destruction of or damage to Monitor’s Premises or Monitor’s Property, including data);
c. all claims, demands, proceedings, actions, damages, costs (including legal costs), losses, charges, expenses suffered by or brought against Monitor, including claims made by Monitor’s staff or agents or by third parties; and
d. any other loss, destruction or damage, including but not limited to financial losses arising.
(2) The Contractor shall indemnify Monitor against all claims, demands, proceedings, actions, damages, costs (including legal costs), losses, charges, expenses and any other liabilities arising from claims made or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Authority’s staff Contractor for the purpose of the Contract, provided that any such infringement or agentsalleged infringement is not knowingly caused by, or by third parties, in respect of any death or personal injury, or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses which are caused, whether directly or indirectlycontributed to, by the breach any act of contract or breach of duty (whether in negligence, tort, statute or otherwise) of the Contractor, its employees, agents or sub-contractors.
(2) The Contractor shall be liable to the Authority for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the Authority’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise)Monitor.
(3) The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor in respect of the indemnities provided under the Contract, which in any event shall not be less than £1,000,0001,000,000 per incident or series of related incidents, and shall at the request of the Authority Monitor produce the relevant policy or policies policies, together with receipt or other evidence of payment of the latest premium due there underthereunder.
(4) Nothing in these Conditions nor or in any part of the Contract shall impose any liability on any member of the staff of the Authority Monitor or its representatives in their personal capacity.
(5) The Contractor shall indemnify the Authority against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising Nothing in these Conditions excludes Monitor’s liability for fraudulent misrepresentation or for death or personal injury resulting from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the Authorityits negligence.
(6) The Authority shall indemnify Monitor agrees to give the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason prompt notice in writing of any infringement claim known to it that will be made or alleged infringement of any third party’s Intellectual Property Rights used at the request is threatened or is being brought against it in respect of the Authority by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(1)indemnities provided under these conditions, and subject to Conditions 18(5) and 30(6) take all reasonable steps to mitigate the amount of liability its loss and its consequent claim under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority and the Contractor.indemnities
Appears in 1 contract
Samples: Contract C XXX XXX Xx
Indemnities and Insurance. (1) 31.1. The Contractor shall hold harmless and indemnify the Authority on demand from and fully against all claims, demands, proceedings, actions, damages, expenses, legal costs (including legal costs), expenses on a solicitor and client basis) and any other liabilities arising from claims made by the Authority’s staff or agents, or by third parties, in respect of any death or personal injury, injury or loss or destruction of or damage to property, or any other loss, destruction or damage, including but not limited to financial losses property which are caused, whether is caused directly or indirectly, indirectly by the breach of contract any act or breach of duty (whether in negligence, tort, statute or otherwise) omission of the Contractor, its employeesStaff or its sub-contractors. This Condition shall not apply if and to the extent that the Contractor is able to demonstrate that such injury, agents death or loss or damage to property was not caused by its negligence or by the negligence of its Staff or sub-contractors. The Contractor’s total liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection with this Contract shall not exceed the sum of six hundred and fifty thousand pounds [£650,000.00]. In no event shall the Contractor be liable for any damages cause by the Authority, its representatives and/or assignees failure to perform its/their obligations, loss of data, loss of programs, loss of use of programs, loss or revenue, loss of anticipated savings and lost profits, or any incidental, special, indirect or consequential damages whatsoever. Notwithstanding the foregoing, nothing in this contract shall exclude or restrict Contractor's liability for death or personal injury resulting from the negligence of Contractor or of its employees while acting in the course of their employment.
(2) The Contractor shall be liable to the Authority for any loss, damage, destruction, injury or expense, whether direct or indirect, (and including but not limited to loss or destruction of or damage to the Authority’s property, which includes data) arising from the Contractor’s breach of contract or duty (whether arising in negligence, tort, statute or otherwise).
(3) 31.2. The Contractor shall effect with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor arising out of the performance of the Contract in respect of loss of or damage to property. The Contractor shall maintain such insurance in full force throughout the indemnities provided under the Contract, which term of this Contract and shall pay all premiums and other sums due in any event respect of such insurance and shall not be less than £1,000,000do anything with may invalidate the insurance in whole or in part.
31.3. The Contractor shall hold employer’s liability insurance in respect of Staff in accordance with any legal requirement for the time being in force.
31.4. The Contractor shall produce to the Authority’s Representative, on request, copies of all insurance policies referred to in this Condition or other evidence (such as a broker’s letter of verification) confirming the existence and shall at the request extent of the Authority produce the relevant policy or cover given by those policies together with receipt or other any renewal certificates and evidence of payment of the latest premium premiums due there under.
(4) Nothing in these Conditions nor in any part of the Contract shall impose any liability on any member of the staff of the Authority or its representatives in their personal capacity.
(5) under those policies. The Contractor shall indemnify inform the Authority against all proceedingsimmediately if any insurer issuing a policy to which this Condition relates amends, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from withdraws or incurred by reason extends cover or refuses a claim.
31.5. The terms of any infringement insurance or alleged infringement of any third party’s Intellectual Property Rights used by or on behalf of the Contractor for the purpose of the Contract, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to, by any act of the Authority.
(6) The Authority shall indemnify the Contractor against all proceedings, actions, claims, demands, costs (including legal costs), charges, expenses and any other liabilities arising from or incurred by reason of any infringement or alleged infringement of any third party’s Intellectual Property Rights used at the request of the Authority by the Contractor in the course of providing the Services, providing that any such infringement or alleged infringement is not knowingly caused by, or contributed to by, any act of the Contractor.
(7) Except in relation to death or personal injury as referred to in Condition 18(1), and subject to Conditions 18(5) and 30(6) the amount of liability cover shall not relieve the Contractor of any liabilities under this clause shall be limited to a sum of £4,000,000 or twice the contract value, whichever is the greater, or such other sum as may be agreed in writing between the Head of Procurement on behalf of the Authority and the ContractorContract.
Appears in 1 contract