Common use of Indemnities and Insurance Clause in Contracts

Indemnities and Insurance. 42.1. The Service Provider shall indemnify the Crown, the Authority, its servants and agents against all actions, claims, demands, costs, charges and expenses arising out of or in connection with the Project in respect of: 42.1.1. any damage or loss to property real or personal including any infringement of third party patents, copyright and registered designs; 42.1.2. any injury to persons, including injury resulting in death except in so far as such damage, loss or injury can be shown to be due to any negligent act or omission of the Authority, its servants or agents (other than the Service provider). 42.2. The Service Provider shall further indemnify the Authority against actual expenses incurred through any delay in performing the Project or any default which the Service Provider had failed to remedy after being given reasonable notice thereof by the Authority provided always that the Authority shall take all reasonable steps to minimise the need and extent of any such expenses. 42.3. The Service Provider, if an individual, represents that he is regarded by both Her Majesty’s Revenue & Customs and the Department of Social Security as self-employed and accordingly shall indemnify the Authority against any demand for tax or national insurance contributions or similar for which the Authority may be liable in respect of the Service Provider by virtue of this Contract. 42.4. The Service Provider shall effect with an insurance company or companies acceptable to the Authority a policy or policies of insurance covering all the matters which are the subject of indemnities under the Contract in the sum of £500,000 in respect of any one incident and limited to £5 million in total, unless otherwise agreed by the Authority in writing. 42.5. The Service Provider 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 extent of the cover given by those policies together with any renewal certificates and evidence of payment of the latest premiums due under those policies. The Service Provider shall inform the Authority immediately if any insurer issuing a policy to which this Condition relates amends, withdraws or extends cover or refuses a claim. 42.6. The terms of any insurance or the amount of cover shall not relieve the Service Provider of any liabilities under the Contract. TERMINATION

Indemnities and Insurance. 42.18.1. The Subject to the limitations of liability set out in clause 8.3, the Service Provider shall indemnify the CrownClient against all costs, losses, liabilities or expenses (including without prejudice to the Authorityforegoing generality, reasonable legal expenses) incurred by the Client and arising directly out of any breach on the part of the Service Provider of their obligations to the Client and in terms of the Agreement or from any act of negligence, omission, wilful default or breach of statutory duty on the part of the Service Provider, its servants employees or its agents in carrying out its obligations under the Agreement and agents against all actions, claims, demands, costs, charges and expenses arising out of or in connection with the Project in respect of: 42.1.1. any damage or of which the Client suffers loss as referred to property real or personal including any infringement of third party patents, copyright and registered designs; 42.1.2. any injury to persons, including injury resulting in death except in so far as such damage, loss or injury can be shown to be due to any negligent act or omission of the Authority, its servants or agents (other than the Service provider)under this clause 8.1. 42.28.2. The Service Provider shall further indemnify the Authority against actual expenses incurred through any delay in performing the Project or any default which (if an individual) represents that the Service Provider had failed to remedy after being given reasonable notice thereof by the Authority provided always that the Authority shall take all reasonable steps to minimise the need and extent of any such expenses. 42.3. The Service Provider, if an individual, represents that he is regarded by both Her Majesty’s the HM Revenue & and Customs and the Department of Social Security Work and Pensions as self-employed and accordingly shall indemnify the Authority Client against any demand for tax or tax, national insurance contributions or similar impost for which the Authority Client may be liable in respect of the Service Provider by virtue reason of this Contractthe Agreement. 42.48.3. The Service Provider shall effect with an maintain in force during the period of engagement the following full and comprehensive insurance company or companies acceptable policies and shall, upon receipt of the Client’s request, exhibit to the Authority a policy or policies Client evidence of such insurance covering all to the matters which are the subject of indemnities under the Contract Client’s satisfaction:- 8.3.1. Public Liability Insurance to Five Million Pounds (£5,000,000) Sterling for any one claim and unlimited in the sum of period; 8.3.2. Employer’s Liability Insurance to Ten Million Pounds (£500,000 in respect of 10,000,000) Sterling for any one incident claim and limited unlimited in the period; and 8.3.3. Professional Indemnity Insurance to One Million Pounds (£5 million 1,000,000) Sterling in total, unless otherwise agreed by the Authority in writingaggregate. 42.58.4. The Service Provider shall produce to comply with all terms and conditions of the Authority’s Representative, on request, copies of all insurance policies referred to at all times. If cover under the insurance policies shall lapse or not be renewed or be changed in this Condition any material way or other evidence (such as a broker’s letter if the Service Provider is aware of verification) confirming the existence and extent of any reason why the cover given by those under the insurance policies together with may lapse or not be renewed or be changed in any renewal certificates and evidence of payment of material way, the latest premiums due under those policies. The Service Provider shall inform notify the Authority immediately if any insurer issuing a policy to which this Condition relates amends, withdraws or extends cover or refuses a claimClient without delay. 42.6. The terms of any insurance or the amount of cover shall not relieve the Service Provider of any liabilities under the Contract. TERMINATION