Common use of Indemnity and Insurance Clause in Contracts

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 16 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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Indemnity and Insurance. 15.1 Without prejudice 8.1 Lessor shall not be liable to Lessee for any damage to Lessee or Xxxxxx’s property from any cause. Lessee waives all claims against Lessor for damage to person or property arising for any reason except that Lessor shall be liable to Lessee for damage resulting from the acts or omissions of Lessor or its authorized representatives. 8.2 Lessee shall defend, indemnify and hold Lessor harmless from all claims and damages to any rights person or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result property arising out of or in connection with any Xxxxxx’s use of the Premises or occurring in, on, or about the Premises except, that Lessor shall be liable to Lessee for damage to property resulting from the acts or in respect omissions of Lessor or its authorized representatives. Lessor shall hold Lessee harmless from all damages arising out of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Suppliersuch damage. 15.2 The Purchaser 8.3 Lessee at its cost shall indemnify maintain in force during the Supplier in respect term of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence ofthis Lease, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any subcomprehensive single-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) limit public liability insurance for such sum policy, fully covering bodily injury, death, and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions property damage, in the sum an amount of not less than £1 two million dollars ($2,000,000) with the District, its employees and agents named as additional insureds under such policies. Lessee’s policy shall have primary insurance endorsement as respects the Lessor’s interest, to be reviewed and approved annually by Lessor. 8.4 Lessor shall receive fifteen (15) days notice prior to termination of coverage. A certificate of such insurance shall be presented to Lessor prior to occupancy. 8.5 Lessee, at its cost, shall maintain on all its personal property, Xxxxxx’s improvements and alterations, in, on or about the Premises, a policy of standard fire and extended coverage insurance with vandalism and malicious mischief endorsements, to the extent of at least eighty percent (80%) of their replacement value. The proceeds from any such policy shall be used by Lessee for the replacement of personal property or the restoration of Xxxxxx’s improvements or alterations. 8.6 Lessor shall maintain standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, at replacement value of the Premises. Lessee shall pay to Lessor in addition to Rent, its pro-rated cost of such coverage. 8.7 The parties release each other, and their respective authorized representatives, from any claims for damages to any person or to the Premises and to the fixtures, personal property, Xxxxxx’s improvements, and alterations of either Lessee or Lessor in or on the Premises that are caused by or result from risk insured against under any insurance policies carried by the parties and in force at the time of such damage. 8.8 As a condition of this Lease, Lessor shall be inserted as an added insured on all of Lessee’s insurance policies. Satisfactory proof thereof shall be submitted to Lessor prior to occupancy. 8.9 Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. Neither party shall be liable to the other for any one incident and unlimited in total, unless otherwise agreed damage caused by fire or any of the Purchaser in writingrisks insured against under any insurance policy required by this Lease. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 7 contracts

Samples: Lease Agreement, Joint Use Agreement, Lease Agreement

Indemnity and Insurance. 15.1 Without prejudice (a) The Hirer shall be liable for: (i) the cost of repair of any damage (including accidental and malicious damage) done to any rights or remedies part of the Purchaser premises including the Supplier shall indemnify curtilage thereof or the Purchaser and contents of the Crown against premises. (ii) all actions, suits, claims, demands, losses, chargesdamages and costs made against or incurred by the Trust, costs its employees, volunteers, agents or invitees (past and expenses which the Purchaser present) in respect of damage or the Crown may suffer loss of property or incur injury to persons arising as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission the use of the Supplier.premises (including the storage of equipment) by the Hirer, and 15.2 The Purchaser shall indemnify the Supplier in respect of (iii) all claims, proceedingslosses, actionsdamages and costs made against or incurred by the Trust, damagesits employees, finesvolunteers, costs, expenses agents or other liabilities which may arise out of, or in consequence of, invitees (past and present) as a breach result of the Data Protection Laws where the breach is the direct any nuisance caused to a third party as a result of the Supplier acting in accordance with use of the Purchaser’s specific written instructions. This indemnity provision premises by the Hirer, and subject to sub-clause (b), the Hirer shall not apply if indemnify and keep indemnified accordingly each member of the Supplier- Trust and their employees, volunteers, agents and invitees (apast and present) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract;against such liabilities. (b) fails The Trust shall take out adequate insurance to comply with any other obligation under insure the Contract. 15.3 Except liabilities described in sub-clauses (a)(i) above and may, in its discretion and in the case of lossnon commercial hirers, damage or personal injury (including death) suffered by an employee of insure the Supplier (liabilities described in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: clauses (a) employer(ii) and (iii) above. A summary of the insurance cover provided by The Trust is shown in Appendix 3 of this Agreement. If any further detail of The Trust’s insurance cover is required, please advise the Hall Manager. The Trust shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of the Trust and its employees, volunteers, agents and invitees (past and present) against (a) any insurance in accordance with any legal requirements for the time being in force, and excess incurred and (b) the difference between the amount of the liability and the monies received under the insurance policy. Where the Village Hall does not insure the liabilities described in sub-clauses (a)(ii) and (iii) above or if the Hirer is a commercial association or a profit making organisation they agree to obtain third party public liability insurance for such sum and range their event for a minimum amount of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million 5,000,000 for any one incident occurrence or series of occurrences arising out of one event. The Trust accepts no liability for any claims arising thereof. Evidence that the Hirer has the necessary insurance in place will be required. The Hirer shall take out adequate insurance to insure such liability and unlimited in total, unless otherwise agreed by on demand shall produce the Purchaser in writing. 15.5 The policy and current receipt or policies other evidence of insurance referred to in Condition 15.4 shall be shown cover to the Purchaser whenever the Purchaser requests, together with satisfactory Hall Manager. Failure to produce such policy and evidence of payment cover will render the hiring void and enable the Trust to rehire the premises to another Hirer. The Village Hall is insured against any claims arising out of premiums, including the latest premium due thereunderits own negligence.

Appears in 5 contracts

Samples: Wedding Hire Agreement, Wedding Hire Agreement, Wedding Hire Agreement

Indemnity and Insurance. 15.1 Without prejudice 16.1 The Corporation covenants, both during and after the Executive's term of service, to any rights or remedies indemnify and hold harmless the Executive and his legal representatives, to the maximum extent permitted by Delaware law (provided that the Executive acted honestly and in good faith with a view to the best interests of the Purchaser Corporation and, in the Supplier shall indemnify case of a criminal or administrative action or proceeding that is enforced by monetary penalty, the Purchaser Executive had reasonable grounds for believing that his conduct was lawful), from and the Crown against against: (a) all actions, suits, claims, demands, lossescosts, charges, costs liabilities and expenses which whatsoever that the Purchaser or the Crown Executive may suffer sustain or incur as a result of in or about or in connection with relation to any damage to property action, suit or proceeding that is brought, commenced or prosecuted against the Executive for or in respect of any injury (whether fatal act, deed, matter or otherwise) to any person which may result directly thing whatever made, done or indirectly from any negligent permitted or wrongful act not made, done or omission permitted by the Executive in or about the execution of his duties as a director or officer of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses Corporation or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, its subsidiaries; and (b) public liability insurance for such sum all other costs, charges, liabilities and range expenses that the Executive may sustain or incur (including, without limitation, all income tax, sales tax and excise tax liabilities resulting from any payment made pursuant to this indemnity) in or about or in relation to the affairs of cover the Corporation or its subsidiaries or his position as a director or officer of the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities Corporation or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writingits subsidiaries. 15.5 16.2 The policy or policies of insurance Corporation further agrees that any costs, charges and expenses referred to in Condition 15.4 paragraph 16.1(a) above shall be shown paid in advance of the final disposition of any such action or proceeding upon receipt by the Corporation of a written undertaking by the Executive to repay such amount if it shall ultimately be determined that the Purchaser whenever Executive is not entitled to be indemnified in accordance with the Purchaser requeststerms and conditions of this Indemnity and Delaware law. 16.3 The Corporation further agrees, together both during and after the Executive's term of service, to use its reasonable best efforts to obtain any approval or approvals necessary for such indemnification and to co-operate with satisfactory the Executive and to provide the Executive with access to any evidence of payment of premiumswhich the Corporation may have or control, including which would enable the latest premium due thereunderExecutive to make application or obtain any approval or approvals necessary for such indemnification.

Appears in 5 contracts

Samples: Executive Employment Agreement (Zomedica Corp.), Executive Employment Agreement (Zomedica Pharmaceuticals Corp.), Executive Employment Agreement (Zomedica Pharmaceuticals Corp.)

Indemnity and Insurance. 15.1 Without prejudice 16.1 The Licensor shall indemnify and keep indemnified the Licensee, against injury (including death) to any rights persons or remedies loss of or damage to any property (including the Program) which may arise out of the Purchaser act, default or negligence of the Supplier Licensor, his employees or agents in consequence of the Licensor's obligations under the Licence and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, provided that the Licensor shall be not be liable for nor be required to indemnify the Licensee against any compensation or damages for or with respect to injuries or damage to persons or property to the extent that such injuries or damage result from any act, default or negligence on the part of the Licensee his employees or contractors (not being the Licensor or employed by the Licensor). 16.2 The Licensee shall indemnify and keep indemnified the Purchaser Licensor against injury (including death) to any persons or loss of or damage to any property (including the Program) which may arise out of the act, default or negligence of the Licensee, his employees or agents in consequence of the Licensee's obligations under the Licence and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, provided that the Crown Licensee shall not be liable for nor be required to indemnify the Licensor against any compensation or damages for or with respect to injuries or damage to persons or property to the extent that such injuries or damage result from any act, default or negligence on the part of the Licensor his employees or contractors. 16.3 Without thereby limiting their responsibilities under Sub-Clauses 16.1 and 16.2, each party shall insure with a reputable insurance company against all loss of or damage to property and injury to persons (including death) arising out of or in consequence of his obligations under the License and against all actions, suits, claims, demands, losses, charges, costs and expenses in respect thereof, save only as is set out in the exceptions in Sub-Clause 16.4 and Clause 17. 16.4 The liability of the parties under Sub-Clause 16.1 or 16.2 as appropriate, shall exclude damage or injury (other than injury including death resulting from negligence) consequent upon design, formula, specification or advice. Except in respect of injury, including death to a person due to negligence for which no limit applies, the Purchaser liability of the parties under Sub-Clause 16.1 or 16.2 as appropriate shall not exceed the Crown may suffer or incur as a result of or sums specified in connection with any damage to property or Appendix 1 in respect of any injury (whether fatal event or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission series of the Supplierconnected events. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Indemnity and Insurance. 15.1 Without prejudice 21.1 Subject to Clause 21.3, AchillesTx shall indemnify each of CRT, UCL, UCLB, XXXXX, and CRUK and their officers and employees, (each a “Indemnified Party” and together the “Indemnified Parties”), from and against any rights or remedies and all Third Party (excluding any of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, Indemnified Parties) claims, demandsproceedings, lossesliabilities, charges, costs damages and expenses which the Purchaser or the Crown may suffer or incur as a result of (including, reasonable legal fees) arising from or in connection with any damage to property or in respect AchillesTx’s and/or its Sub-Licensees’ Exploitation of any injury (whether fatal or otherwise) Royalty Products hereunder, save to any person which may result directly or indirectly the extent such liability arises from any negligent or wrongful act or omission [***] . Each of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all foregoing Third Party claims, proceedings, actionsliabilities, damagesdamages and expenses (including, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (areasonable legal fees) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contractbeing an “Indemnity Claim”. 15.3 Except in 21.2 AchillesTx’s obligation to indemnify the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (Indemnified Parties in respect of an Indemnity Claim is dependent upon compliance with the following provisions: 21.2.1 promptly after receipt by an Indemnified Party of any claim or alleged claim or notice of the commencement of any action, administrative or legal proceeding, or investigation to which the indemnity provided for in Condition 15.1 Clause 21.1 may apply, CRT or the Indemnified Party shall apply whether or not give written notice to AchillesTx of such fact and provide all information available to it and relevant to the lossIndemnity Claim to AchillesTx; 21.2.2 the Indemnified Party shall permit AchillesTx to have sole control, damage or personal injury was caused by the negligent or wilful act or omission conduct, defence and settlement of the Purchaser, Indemnity Claim and shall not make any admission or reach any settlement with the Crown Third Party other than at AchillesTx’s written direction or with AchillesTx’s prior written consent; 21.2.3 the Indemnified Party shall co-operate in good faith with AchillesTx in the conduct of any servant defence or agent settlement and shall provide reasonable assistance and do all things as may be reasonably required to enable any Indemnified Claim to be defended and shall provide promptly to AchillesTx (i) copies (or originals where available) of all correspondence and documents relevant to the Indemnified Claim; (ii) reasonable access to all personnel of the CrownIndemnified Party (including its consultants) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission assist with defence of the PurchaserIndemnified Claim and (iii) all other information, the Crown documents or any servant or agent of the Crown.assistance as may be reasonably required; 15.4 The Supplier 21.2.4 AchillesTx shall have in force and shall require the right at its sole discretion to bring any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions counterclaim in the sum name of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by Indemnified Parties provided it first notifies the Purchaser in writing. 15.5 The policy or policies applicable Indemnified Parties of insurance referred its intention to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.bring such counterclaim;

Appears in 3 contracts

Samples: Licence Agreement (Achilles Therapeutics PLC), Licence Agreement (Achilles Therapeutics PLC), Licence Agreement (Achilles Therapeutics LTD)

Indemnity and Insurance. 15.1 Without prejudice 16.1 The Licensor shall indemnify and keep indemnified the Licensee, against injury (including death) to any rights persons or remedies loss of or damage to any property (including the Program) which may arise out of the Purchaser act, default or negligence of the Supplier Licensor, his employees or agents in consequence of the Licensor's obligations under the Licence and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, provided that the Licensor shall be not be liable for nor be required to indemnify the Licensee against any compensation or damages for or with respect to injuries or damage to persons or property to the extent that such injuries or damage result from any act, default or negligence on the part of the Licensee his employees or contractors (not being the Licensor or employed by the Licensor). 16.2 The Licensee shall indemnify and keep indemnified the Purchaser Licensor against injury (including death) to any persons or loss of or damage to any property (including the Program) which may arise out of the act, default or negligence of the Licensee, his employees or agents in consequence of the Licensee's obligations under the Licence and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, provided that the Crown Licensee shall not be liable for nor be required to indemnify the Licensor against any compensation or damages for or with respect to injuries or damage to persons or property to the extent that such injuries or damage result from any act, default or negligence on the part of the Licensor his employees or contractors. 16.3 Without thereby limiting their responsibilities under Sub-Clauses 16.1 and 16.2, each party shall insure with a reputable insurance company against all loss of or damage to property and injury to persons (including death) arising out of or in consequence of his obligations under the License and against all actions, suits, claims, demands, losses, charges, costs and expenses in respect thereof, save only as is set out in the exceptions in Sub-Clause 16.4 and Clause 17. 16.4 The liability of the parties under Sub-Clause 16.1 or 16.2 as appropriate, shall exclude damage or injury (other than injury including death resulting from negligence) consequent upon design, formula, specification or advice. Except in respect of injury, including death to a person due to negligence for which no limit applies, the Purchaser liability of the parties under Sub- Clause 16.1 or 16.2 as appropriate shall not exceed the Crown may suffer or incur as a result of or sums specified in connection with any damage to property or Appendix 1 in respect of any injury (whether fatal event or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission series of the Supplierconnected events. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 3 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Indemnity and Insurance. 15.1 Without prejudice to 31.1 TENANT hereby indemnifies and holds LANDLORD, its trustees, directors, partners, officers, employees, servants, agents and contractors (including without limitation its property managers, and any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser affiliates thereof, and the Crown their respective officers, directors, trustees, partners, employees, servants, agents and contractors) ("LANDLORD'S REPRESENTATIVES") harmless of, from and against any and all actions, suitscauses of action, claims, costs, damages, debts, demands, expenses, liens, losses, chargesinjuries, costs judgments, fines, penalties and expenses which any and all liabilities whatsoever, of every name and nature, including without limitation reasonable attorneys' fees, whether on account of injury to persons (including death) or property or otherwise, caused by, arising out of or resulting from the Purchaser use of the Leased Premises or the Crown may suffer Building or incur as a result the Property by TENANT or TENANT's Representatives or the conduct of TENANT's business, trade or profession, or any activity, work or thing done, permitted or suffered by TENANT in, on, or about the Leased Premises or the Building or the Property, or any breach or default in connection with any damage to property or in respect the performance of any injury (whether fatal obligation on TENANT's part to be performed under the terms of this Lease, or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission on the part of TENANT or TENANT's Representatives, excepting only as the same may arise from the negligence or willful misconduct of LANDLORD; and TENANT hereby agrees to and shall defend LANDLORD and LANDLORD's Representatives against the same, at TENANT's sole cost and expense including without limitation the payment by TENANT of the Supplierreasonable fees, disbursements and expenses of attorneys, to be approved by LANDLORD, retained in such defense. This Section 31.1, shall survive the termination or expiration of this Lease with respect to any and all matters occurring during the term hereof, or any extension or renewal thereof, or any further period during which TENANT shall hold the Leased Premises as a tenant-at-will or tenant-at-sufferance. 15.2 The Purchaser shall indemnify 31.2 TENANT agrees to maintain at its sole cost and expense in full force, from the Supplier in respect date on which TENANT first enters the Leased Premises for any reason and thereafter throughout the term hereof, (i) "all risk" property insurance covering all present and future articles of all claimspersonal property and business machinery, proceedings, actions, damages, fines, costs, expenses equipment and furniture and any improvements or other liabilities which may arise out of, betterments owned or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except installed by TENANT in the case Leased Premises (collectively, "TENANT'S REMOVABLE PROPERTY") to a limit of loss, damage or not less than the full replacement cost thereof; and (ii) a policy of Commercial General Liability insurance with broad form coverage. The minimum limits of such liability insurance shall be $3,000,000.00 per occurrence for personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 and $3,000,000.00 per occurrence for property damage. Such liability policy shall apply whether or also include, but shall not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaserbe limited to, the Crown or any servant or agent following extensions of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in forcecoverage: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 3 contracts

Samples: Lease Agreement (Color Kinetics Inc), Sublease Agreement (Color Kinetics Inc), Sublease Agreement (Smartbargains, Inc.)

Indemnity and Insurance. 15.1 Without prejudice (a) The Hirer shall be liable for: (i) the cost of repair of any damage (including accidental and malicious damage) done to any rights or remedies part of the Purchaser premises including the Supplier shall indemnify curtilage thereof or the Purchaser and contents of the Crown against premises. (ii) all actions, suits, claims, demands, losses, chargesdamages and costs made against or incurred by the Trust, costs its employees, volunteers, agents or invitees (past and expenses which the Purchaser present) in respect of damage or the Crown may suffer loss of property or incur injury to persons arising as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission the use of the Supplier.premises (including the storage of equipment) by the Hirer, and 15.2 The Purchaser shall indemnify the Supplier in respect of (iii) all claims, proceedingslosses, actionsdamages and costs made against or incurred by the Trust, damagesits employees, finesvolunteers, costs, expenses agents or other liabilities which may arise out of, or in consequence of, invitees (past and present) as a breach result of the Data Protection Laws where the breach is the direct any nuisance caused to a third party as a result of the Supplier acting in accordance with use of the Purchaser’s specific written instructions. This indemnity provision premises by the Hirer, and subject to sub-clause (b), the Hirer shall not apply if indemnify and keep indemnified accordingly each member of the Supplier- Trust and their employees, volunteers, agents and invitees (apast and present) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract;against such liabilities. (b) fails The Trust shall take out adequate insurance to comply with any other obligation under insure the Contract. 15.3 Except liabilities described in sub-clauses (a)(i) above and may, in its discretion and in the case of lossnon commercial hirers, damage or personal injury (including death) suffered by an employee of insure the Supplier (liabilities described in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: sub- clauses (a) employer(ii) and (iii) above. A summary of the insurance cover provided by The Trust is shown in Appendix 3 of this Agreement. If any further detail of The Trust’s insurance cover is required, please advise the Hall Manager. The Trust shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of the Trust and its employees, volunteers, agents and invitees (past and present) against (a) any insurance in accordance with any legal requirements for the time being in force, and excess incurred and (b) the difference between the amount of the liability and the monies received under the insurance policy. Where the Village Hall does not insure the liabilities described in sub-clauses (a)(ii) and (iii) above or if the Hirer is a commercial association or a profit making organisation they agree to obtain third party public liability insurance for such sum and range their event for a minimum amount of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million 5,000,000 for any one incident occurrence or series of occurrences arising out of one event. The Trust accepts no liability for any claims arising thereof. Evidence that the Hirer has the necessary insurance in place will be required. The Hirer shall take out adequate insurance to insure such liability and unlimited in total, unless otherwise agreed by on demand shall produce the Purchaser in writing. 15.5 The policy and current receipt or policies other evidence of insurance referred to in Condition 15.4 shall be shown cover to the Purchaser whenever the Purchaser requests, together with satisfactory Hall Manager. Failure to produce such policy and evidence of payment cover will render the hiring void and enable the Trust to rehire the premises to another Hirer. The Village Hall is insured against any claims arising out of premiums, including the latest premium due thereunderits own negligence.

Appears in 2 contracts

Samples: One Off Hire Agreement, One Off Hire Agreement

Indemnity and Insurance. 15.1 Without prejudice 5.1 The Provider agrees to indemnify and keep indemnified the Council from and against any rights loss damage damages actions claims demands proceedings costs charges expenses or remedies other liability (whether criminal or civil) suffered or incurred by the Council resulting from a breach of the Purchaser Agreement including but not limited to: 5.1.1 any act neglect or default of the Supplier shall indemnify the Purchaser and the Crown against all actionsProvider or its employees, suits, claims, demands, losses, charges, costs and expenses which the Purchaser Staff or the Crown may suffer or incur as a result of or in connection with any damage to property or agents (if any). 5.1.2 breaches in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly matter arising from any negligent or wrongful act or omission the supply of the SupplierService and the Places resulting in a successful claim by any third party. 15.2 The Purchaser 5.2 Without prejudice to the generality of Clause 5.1: 5.2.1 Each of the parties shall be liable for and shall indemnify the Supplier other in respect of all claimsany liability loss claim or proceedings whatsoever whether arising in common law or by statute in respect of personal injuries to or death of any person howsoever arising out of or in the course of or caused by the carrying out of the Service and providing the Places unless due to any neglect of the indemnified party or of its officers, proceedingsStaff, actionsservants or agents. 5.2.2 the Provider shall be liable for and shall indemnify the Council in respect of any liability loss claim or proceedings and for any injury or damage whatsoever arising out of or in the course of or by reason of the carrying out of the Service and providing the Places due to any negligence omission or default of itself its employees, damagesStaff, fines, costs, expenses agents or servants or of any sub-contractor or to any circumstances within its control. 5.3 The Provider shall secure the due performance of the indemnities contained in Clauses 5.1 and 5.2 hereof by entering such policies of insurance with an insurer of good repute to cover claims under this Agreement or any other liabilities claim or demands which may arise out of, or be brought and shall keep the said policies in consequence of, a breach force throughout the Term of the Data Protection Laws where the breach is the direct result of the Supplier acting Agreement. 5.4 The insurance to be placed in accordance with the Purchaser’s specific written instructions. This indemnity provision Clause 5.3 shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident 10,000,000 in respect of each claim without limit to the number of claims. 5.5 The Provider shall maintain employer’s liability insurance to the value of £5,000,000 in respect of each claim without limit to the number of claims. 5.6 The Provider shall maintain public liability insurance to the value of £10,000,000 in respect of each claim without limit to the number of claims. 5.7 No policy of insurance required under this Clause 5 to be maintained by the Provider shall be subject to an excess or deductible in excess of the amount (if any) disclosed to and unlimited in total, unless otherwise agreed by the Purchaser Council in writingwriting prior to the date of the Agreement. 15.5 The policy or 5.8 Details of the policies of insurance referred to in Condition 15.4 shall required under this Clause 5 and current premium receipts must be shown produced to the Purchaser whenever Council before the Purchaser requests, together with satisfactory evidence commencement of payment of premiums, including the latest premium due thereunderService and the Places and thereafter upon reasonable request.

Appears in 2 contracts

Samples: Local Provider Agreement, Local Provider Agreement

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier a. Seller shall indemnify the Purchaser indemnify, keep indemnified and the Crown hold harmless Buyer from and against all actionsexpenses, suitscontingent liabilities, liabilities, injuries, losses, damages, claims, demands, lossesproceedings, chargesjudgments and legal costs (on a full indemnity basis) whether arising in tort (including negligence), costs and expenses breach of contract, breach of statutory duty, collaterally or otherwise which the Purchaser Buyer incurs or the Crown may suffer or incur suffers as a result of or in connection with any with: i. Any claim made against Buyer by a third party for death, personal injury or damage to or loss of property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise arising out of, or in consequence ofconnection with, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting defects in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of lossGoods, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the lossdefect in the Goods is attributable to the acts or omissions of Seller or Seller’s Subcontractors; ii. Any claim made against Buyer by a third party arising out of, damage or injury is caused by in connection with, the negligent or wilful act or omission supply of the PurchaserGoods, to the Crown or any servant or agent extent that such claim arises out of the Crownbreach, intentional or negligent acts or omissions, or failure or delay in performance of this Contract by Seller or Seller’s Subcontractors; iii. Any breach by Seller of any of its obligations, representations or warranties in article 28(a); iv. Arising from Buyer’s exercise of its rights pursuant to article 39(a). 15.4 The Supplier shall have b. Unless different minimum insurance levels are specified in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements this Contract, for the time being duration of this Contract and for a period of 6 years thereafter, Seller shall maintain in force, and with a reputable insurance company, professional indemnity insurance (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum with an annual aggregate limit of not less than £1 million 1,000,000), product liability insurance (not less than £1,000,000 per occurrence), public liability insurance (not less than £1,000,000 per occurrence), employer’s liability insurance (not less than the minimum limit required by law), motor liability insurance (not less than the minimum limit required by law) and/or shall procure that employees obtain and maintain motor liability insurance for business travel (not less than the minimum limit required by law), each insurance to cover the liabilities that may arise under or in connection with this Contract. Seller shall, prior to commencement of work and at any other time on Buyer’s reasonable request, produce evidence in a form acceptable to Buyer that the insurances which Seller is required under this Contract to maintain are in force and that the premiums for such insurances are paid in full. Seller shall for the period of this Contract and for a period of 7 years thereafter, give 30 days advance written notice to Buyer in the event of cancellation, avoidance, non-renewal or suspension of any relevant insurance policy. c. Seller assumes, and shall ensure that Seller and Seller’s Subcontractors thereof and their respective employees assume, the risk of loss or destruction of or damage to any property of such parties whether owned, hired, rented, borrowed or otherwise. Seller waives, and shall ensure that Seller’s Subcontractors thereof and their respective employees waive, all rights of recovery against Buyer, its subsidiaries and their respective directors, officers, employees and agents for any one incident such loss or destruction of or damage to any property of Seller or Seller’s Subcontractors and unlimited in totaltheir respective employees. At all times Seller shall, unless otherwise agreed and ensure that Seller’s Subcontractors shall, use suitable precautions to prevent damage to Buyer’s property. If any such property is damaged by the Purchaser in writingfault or negligence of Seller or Seller’s Subcontractors thereof, Seller shall, at no cost to Buyer, promptly and equitably reimburse Buyer for such damage or repair or otherwise make good such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover from Seller the cost thereof on an indemnity basis. 15.5 The policy d. Any self-insured retention or deductibles and exclusions in coverage in respect of the insurance policies required under this Contract shall be the liability solely of Seller or Seller’s Subcontractor responsible for maintaining the insurance. In no event shall the liability of Seller or Seller’s Subcontractor thereof be limited to the extent of any of the minimum limits of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunderrequired herein.

Appears in 2 contracts

Samples: Purchase Order, Purchase Contract

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier The Contractor shall indemnify the Purchaser and the Crown Authority against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, legal costs, expenses or and any other liabilities which may arise out brought against or incurred by the Authority and any other loss or damage sustained by the Authority in respect of: a) any death or personal injury, or in consequence ofloss of or damage to property, a breach of the Data Protection Laws where the breach which is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with caused directly or indirectly by any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the PurchaserContractor, the Crown his Staff or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply subcontractors, except to the extent that the lossContractor is able to demonstrate that such death or personal injury, damage or injury is loss or damage, was not caused or contributed to by the negligent negligence or wilful default of the Contractor, his Staff or subcontractors, or by any circumstances within his or their control; b) any breach of Condition 9 or of any statutory or other confidentiality obligation, where such breach arises from any act or omission of the PurchaserContractor, his Staff or subcontractors; c) financial loss arising from any negligence by the Crown Contractor, his Staff or any servant subcontractors, in giving or agent omitting to give professional or other expert advice to the Authority, where the Services include a requirement for the Contractor to provide such advice. 15.2 The Contractor’s total liability under the Contract, in respect of all indemnities and breaches of the Crown. 15.4 The Supplier Contract, shall have in force and shall require any sub-Contractor be limited to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million million, except that there shall be no limitation of liability for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writingdeath or personal injury. 15.5 15.3 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing a minimum level of cover of £1 million for risks which may be incurred by the Contractor, arising out of the performance of the Contract, in respect of: (a) death or personal injury, or loss of or damage to property; (b) financial loss arising from any advice given or omitted to be given by the Contractor, where the Services include a requirement to provide professional or other expert advice. 15.4 The Contractor shall produce to the Authority's Representative, on request, copies of all insurance policies referred to in this Condition 15.4 shall be shown to or other evidence confirming the Purchaser whenever the Purchaser requestsexistence and extent of cover under those policies, together with satisfactory receipts or other evidence of payment of premiums, including the latest premium premiums due thereunderunder those policies. The terms of insurance shall not relieve the Contractor of any liabilities under the Contract.

Appears in 2 contracts

Samples: Framework Agreement, Purchase Order Form

Indemnity and Insurance. 15.1 Without prejudice 5.1 The Provider agrees to indemnify and keep indemnified the Council from and against any rights loss damage damages actions claims demands proceedings costs charges expenses or remedies other liability (whether criminal or civil) suffered or incurred by the Council resulting from a breach of the Purchaser Agreement including but not limited to: 5.1.1 any act neglect or default of the Supplier shall indemnify the Purchaser and the Crown against all actionsProvider or its employees, suits, claims, demands, losses, charges, costs and expenses which the Purchaser Staff or the Crown may suffer or incur as a result of or in connection with any damage to property or agents (if any). 5.1.2 breaches in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly matter arising from any negligent or wrongful act or omission the supply of the SupplierService and the Places resulting in a successful claim by any third party. 15.2 The Purchaser 5.2 Without prejudice to the generality of Clause 5.1: 5.2.1 Each of the parties shall be liable for and shall indemnify the Supplier other in respect of all claimsany liability loss claim or proceedings whatsoever whether arising in common law or by statute in respect of personal injuries to or death of any person howsoever arising out of or in the course of or caused by the carrying out of the Service and providing the Places unless due to any neglect of the indemnified party or of its officers, proceedingsStaff, actionsservants or agents. 5.2.2 the Provider shall be liable for and shall indemnify the Council in respect of any liability loss claim or proceedings and for any injury or damage whatsoever arising out of or in the course of or by reason of the carrying out of the Service and providing the Places due to any negligence omission or default of itself its employees, damagesStaff, fines, costs, expenses agents or servants or of any sub- contractor or to any circumstances within its control. 5.3 The Provider shall secure the due performance of the indemnities contained in Clauses 5.1 and 5.2 hereof by entering such policies of insurance with an insurer of good repute to cover claims under this Agreement or any other liabilities claim or demands which may arise out of, or be brought and shall keep the said policies in consequence of, a breach force throughout the Term of the Data Protection Laws where the breach is the direct result of the Supplier acting Agreement. 5.4 The insurance to be placed in accordance with the Purchaser’s specific written instructions. This indemnity provision Clause 5.3 shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident 10,000,000 in respect of each claim without limit to the number of claims. 5.5 The Provider shall maintain employer’s liability insurance to the value of £5,000,000 in respect of each claim without limit to the number of claims. 5.6 The Provider shall maintain public liability insurance to the value of £10,000,000 in respect of each claim without limit to the number of claims. 5.7 No policy of insurance required under this Clause 5 to be maintained by the Provider shall be subject to an excess or deductible in excess of the amount (if any) disclosed to and unlimited in total, unless otherwise agreed by the Purchaser Council in writingwriting prior to the date of the Agreement. 15.5 The policy or 5.8 Details of the policies of insurance referred to in Condition 15.4 shall required under this Clause 5 and current premium receipts must be shown produced to the Purchaser whenever Council before the Purchaser requests, together with satisfactory evidence commencement of payment of premiums, including the latest premium due thereunderService and the Places and thereafter upon reasonable request.

Appears in 2 contracts

Samples: Local Provider Agreement, Local Provider Agreement

Indemnity and Insurance. 15.1 12.1 Without prejudice to any rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 7 hereof) the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any defect in the Goods or the negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 12.2 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 14.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown Purchaser or any servant or agent of the CrownPurchaser) the indemnity contained in Condition 15.1 14.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown Purchaser or any servant or agent of the CrownPurchaser. 15.4 12.3 The Supplier shall have in force and shall require any sub-Contractor contractor to have in forceforce with a reputable insurance company licensed to offer insurance services in the United Kingdom: (a) employer’s 's liability insurance in accordance with any legal requirements for the time being in forceforce but covering at least all employer’s liability matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £10 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all public liability matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 5 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 (c) Any other special other insurances (if any) for such cover and to such extent as is stipulated in Specification of Requirements, unless otherwise agreed by the Purchaser in writing. Where an indemnity or compensation obligation falls within more than one of the heads of insurance cover referred to above, the supplier shall secure that the insurance effected to cover that obligation is to the extent of the highest of the indemnity limits stipulated in the clauses of this condition applying to that obligation and shall at the request of the Purchaser produce the relevant policy or policies together with receipts or other evidence of payment of premiums, including the latest premium due thereunder. 12.4 The policy or policies of insurance referred to in Condition 15.4 12.3 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: Supply Agreement

Indemnity and Insurance. 15.1 Without prejudice 20.1 The Provider shall effect and maintain insurance necessary to cover jointly the Authority and the Provider for the risks faced under these Clauses with regard to fire damage, injury to persons and loss of or damage to property, which insurance may be limited in respect of any rights or remedies of the Purchaser the Supplier one claim (but shall not be limited in any other respect), provided that any such limit made under this Clause shall in any event be at least £1,000,000. 20.2 The Provider shall indemnify and keep indemnified the Purchaser and the Crown Authority against all actions, suits, claims, demands, losses, charges, costs and expenses which incurred by or made against the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or Authority in respect of any injury (whether fatal direct or otherwise) to any person which may result directly indirect loss or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether arises from any advice given or not the loss, damage anything done or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply omitted to be done under this Contract to the extent that the such loss, damage or injury is caused by the negligent negligence or wilful wrongful act or omission of the PurchaserProvider, his servants or agents. 20.3 The Provider shall maintain all required insurance policies including public liability insurance of a minimum of […] and employer liability insurance of a minimum of […] in respect of one incident. The number of incidents shall be unlimited. 20.4 The Provider (if an individual) represents that he is regarded by both the Crown Inland Revenue and the Department of Social Security as self-employed and accordingly shall indemnify the Authority against any tax, national insurance contributions or any servant or agent similar impost for which the Authority may be liable in respect of the CrownProvider by reason of this Contract. 15.4 20.5 The Supplier shall have Provider shall, whenever required by the Authority, produce to the Authority certificates signed on behalf of the Provider's insurers stating that insurance complying with the requirements set out in Clause 20.1 is in force and shall require any sub-Contractor the period for which it has been taken out. 20.6 If, for whatever reason, the Provider fails to have in force: (a) employer’s liability comply with this Clause or, without the approval of the Authority, obtains a different policy of insurance in accordance with any legal requirements for from that which he notified to the Authority at the time being in forcewhen the Provider submitted his tender proposal, andthe Authority may make alternative arrangements necessary to protect his interests and recover reasonable loss and damages from the Provider. (b) public liability 20.7 The terms of any insurance for such sum and range or the amount of cover as shall not relieve the Supplier deems Provider of any liabilities under the Contract. 20.8 The Authority shall not be liable to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million Provider for any one incident indirect or consequent loss, damage, injury or costs whatsoever which arise out of or are connected with the Authority’s adherence or non-adherence to the terms and unlimited in total, unless otherwise agreed by the Purchaser in writingconditions of this Contract. 15.5 20.9 The policy or policies of insurance referred to in Condition 15.4 Provider shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory maintain Professional Indemnity Insurance and provide evidence of payment of premiums, including the latest premium due thereundersuch policies.

Appears in 1 contract

Samples: Telephony Upgrade Contract

Indemnity and Insurance. 15.1 Without prejudice to 17.1 The Supplier must indemnify (and keep indemnified), defend and hold harmless the Company and its Related Bodies Corporate from and against all Liabilities that any rights of them suffer, sustain or remedies incur, (including Third Party Claims) arising from any one or more of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier-following: (a) acts on the Purchaserperformance, non-performance or breach by the Supplier or its Personnel of any of the Supplier’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(cobligations (including any warranty) of under this ContractAgreement or a Purchase Order; (b) fails the negligence or any act or omission of, or misconduct by the Supplier or its Personnel arising out of or in any way connected or related to comply with the performance and non-performance of this Agreement or a Purchase Order; (c) the entry onto and the activities undertaken on and in, the Site, by the Supplier and its Personnel; (d) the illness, injury or death of any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier Supplier’s Personnel arising out of or in any way related to this Agreement; (e) any Claim made against the Company and its Related Bodies Corporate by any of the Supplier’s Personnel in respect of which any Law, provided that the indemnity in Condition 15.1 shall apply whether Supplier is not be obliged to indemnify, defend or not hold harmless the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or Company and its Related Bodies Corporate for any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply Liability pursuant to clause 18.1 to the extent that the loss, damage or injury is caused by Liability arises directly from the negligent or wilful act or omission negligence of the Purchaser, the Crown or any servant or agent of the CrownCompany and its Related Bodies Corporate. 15.4 The 17.2 Neither party is liable to the other for Consequential Loss. 17.3 Prior to commencing the provision of Goods the Supplier shall have in force must hold, and shall require any sub-Contractor if requested, provide to have in forcethe Company certificates of currency for: (a) employer’s public liability insurance in accordance with any legal requirements insurance, such insurance: (i) covering liability relating to death, bodily injury, loss of property and damage to property for the time being amount not less than $20,000,000; (ii) insuring the Goods against loss or damage during manufacture, pending delivery and in force, andtransit to the Delivery Point specified in the Purchase Order and until accepted by the Company; (iii) must contain a waiver of the insurer’s rights of subrogation to the Company rights); (b) public compulsory motor vehicle third Party liability insurance for all Supplier’s vehicles, if such sum and range vehicles are used for the purposes of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum Agreement; (c) insurance for third Party property damage by Supplier’s vehicles for an amount of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing$20,000,000; (d) workers compensation insurances; and (e) journey cover insurance. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: General Agreement

Indemnity and Insurance. 15.1 Without prejudice 20.1 The Provider shall effect and maintain insurance necessary to cover jointly the Authority and the Provider for the risks faced under these Clauses with regard to fire damage, injury to persons and loss of or damage to property, which insurance may be limited in respect of any rights or remedies of the Purchaser the Supplier one claim (but shall not be limited in any other respect), provided that any such limit made under this Clause shall in any event be at least £500,000. 20.2 The Provider shall indemnify and keep indemnified the Purchaser and the Crown Authority against all actions, suits, claims, demands, losses, charges, costs and expenses which incurred by or made against the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or Authority in respect of any injury (whether fatal direct or otherwise) to any person which may result directly indirect loss or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether arises from any advice given or not the loss, damage anything done or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply omitted to be done under this Contract to the extent that the such loss, damage or injury is caused by the negligent negligence or wilful wrongful act or omission of the PurchaserProvider, his servants or agents. 20.3 The Provider (if an individual) represents that he is regarded by both the Crown Inland Revenue and the Department of Social Security as self-employed and accordingly shall indemnify the Authority against any tax, national insurance contributions or any servant or agent similar impost for which the Authority may be liable in respect of the CrownProvider by reason of this Contract. 15.4 20.4 The Supplier shall have Provider shall, whenever required by the Authority, produce to the Authority certificates signed on behalf of the Provider's insurers stating that insurance complying with the requirements set out in Clause 20.1 is in force and shall require any sub-Contractor the period for which it has been taken out. 20.5 If, for whatever reason, the Provider fails to have in force: (a) employer’s liability comply with this Clause or, without the approval of the Authority, obtains a different policy of insurance in accordance with any legal requirements for from that which he notified to the Authority at the time being in forcewhen the Provider submitted his tender proposal, andthe Authority may make alternative arrangements necessary to protect his interests and recover reasonable loss and damages from the Provider. (b) public liability 20.6 The terms of any insurance for such sum and range or the amount of cover as shall not relieve the Supplier deems Provider of any liabilities under the Contract. 20.7 The Authority shall not be liable to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million Provider for any one incident indirect or consequent loss, damage, injury or costs whatsoever which arise out of or are connected with the Authority’s adherence or non-adherence to the terms and unlimited in total, unless otherwise agreed by the Purchaser in writingconditions of this Contract. 15.5 20.8 The policy or policies of insurance referred to in Condition 15.4 Provider shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory maintain Professional Indemnity Insurance and provide evidence of payment of premiums, including the latest premium due thereundersuch policies.

Appears in 1 contract

Samples: Contract for Provision of Services

Indemnity and Insurance. 15.1 18.1 Without prejudice to any rights or remedies of the Purchaser (including the Purchaser's rights and remedies under Condition 12 hereof) the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any defect in the Goods or the negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 18.2 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 14.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown Purchaser or any servant or agent of the CrownPurchaser) the indemnity contained in Condition 15.1 14.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown Purchaser or any servant or agent of the CrownPurchaser. 15.4 18.3 The Supplier shall have in force and shall require any sub-Contractor contractor to have in forceforce with a reputable insurance company licensed to offer insurance services in the United Kingdom: (a) employer’s 's liability insurance in accordance with any legal requirements for the time being in forceforce but covering at least all employer’s liability matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £10 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all public liability matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 5 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 (c) Any other special other insurances (if any) for such cover and to such extent as is stipulated in Specification of Requirements, unless otherwise agreed by the Purchaser in writing. Where an indemnity or compensation obligation falls within more than one of the heads of insurance cover referred to above, the supplier shall secure that the insurance effected to cover that obligation is to the extent of the highest of the indemnity limits stipulated in the clauses of this condition applying to that obligation. 18.4 The policy or policies of insurance referred to in Condition 15.4 paragraph 18.2 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: Supply Agreement

Indemnity and Insurance. 15.1 Without prejudice 16.1 Subject to any rights or remedies of the Purchaser clauses 16.2 and 16.3 the Supplier shall be liable for and indemnify the Purchaser Customer its employees and the Crown agents against all actions, suits, claims, demands, losses, charges, costs expense liability loss and expenses which the Purchaser claims in respect of; 16.1.1 death or the Crown may suffer personal injury to any person 16.1.2 loss or incur as a result of or in connection with any damage to property including property belonging to Customer or in respect for which it is responsible 16.1.3 any other loss damage expense or claim arising as a consequence of any injury (whether fatal the negligence breach of contract or otherwise) breach of statutory duty of the Supplier its employees agents or its sub-contractors except to any person which may result directly the extent that such 11 expense liability loss or indirectly from any negligent or wrongful claim is due to the act or omission of the SupplierCustomer its employees or agents. 15.2 16.2 The Purchaser Supplier’s liability under Clause 16.1.2 shall indemnify be limited to £10 million in the Supplier aggregate. The Supplier’s liability under Clause 16.1.3 shall be limited in the aggregate to the Contract Price or such other amount as agreed. 16.3 Neither party shall have liability to the other for any indirect or consequential loss arising out of its obligations under or in connection with this Agreement. The definition of consequential loss for this purpose shall include but not be limited to loss of contracts profit revenue and goodwill. 16.4 The policy or policies of insurance required under Clause 4.13 and Clause 5.3 shall be: 16.4.1 insurance which complies with the Employers’ Liability (Compulsory Insurance) Xxx 0000 and any statutory orders made there under or any amendment or re-enactment thereof; 16.4.2 public liability insurance in respect of all claims, proceedings, actions, damages, fines, costs, expenses the Supplier's liability for death or other liabilities which may arise out of, injury for any person in an amount not less than £10million for any one occurrence or in consequence of, a breach series of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts occurrences consequent on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contractone event or original cause; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (16.4.3 public liability insurance in respect of which the indemnity in Condition 15.1 shall apply whether Supplier’s liability for loss or not the loss, damage or personal injury was caused by the negligent or wilful act or omission for any property arising out of the Purchaser, the Crown or any servant or agent performance of the Crown) the Services in an amount not less than £10million for any one occurrence or series of occurrences consequent on one event or original cause; 16.4.4 professional indemnity contained in Condition 15.1 shall not apply insurance to the extent ensure that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have Suppliers activities under this Agreement are insured and remain insured in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of an amount not less than £1 million for any one incident and unlimited in total, unless otherwise agreed the aggregate; 16.5 Each party shall from time to time when required by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown other party produce to the Purchaser whenever other party a declaration signed by the Purchaser requests, together with satisfactory insurers in as evidence of payment of premiums, including that the latest premium due thereunderinsurances required by Clause 4.13 or Clause 5.3 are in existence.

Appears in 1 contract

Samples: General Terms and Conditions of Supply

Indemnity and Insurance. 15.1 Without prejudice to 17.1 The Supplier must indemnify (and keep indemnified), defend and hold harmless the Company and its Related Bodies Corporate from and against all Liabilities that any rights of them suffer, sustain or remedies incur, (including Third Party Claims) arising from any one or more of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier-following: (a) acts on the Purchaserperformance, non-performance or breach by the Supplier or its Personnel of any of the Supplier’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(cobligations (including any warranty) of under this ContractAgreement or a Purchase Order; (b) fails the negligence or any act or omission of, or misconduct by the Supplier or its Personnel arising out of or in any way connected or related to comply with the performance and non-performance of this Agreement or a Purchase Order; (c) the entry onto and the activities undertaken on and in, the Site, by the Supplier and its Personnel; (d) the illness, injury or death of any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier Supplier’s Personnel arising out of or in any way related to this Agreement; (e) any Claim made against the Company and its Related Bodies Corporate by any of the Supplier’s Personnel in respect of which any Law, provided that the indemnity in Condition 15.1 shall apply whether Supplier is not be obliged to indemnify, defend or not hold harmless the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or Company and its Related Bodies Corporate for any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply Liability pursuant to clause 18.1 to the extent that the loss, damage or injury is caused by Liability arises directly from the negligent or wilful act or omission negligence of the Purchaser, the Crown or any servant or agent of the CrownCompany and its Related Bodies Corporate. 15.4 The 17.2 Neither party is liable to the other for Consequential Loss. 17.3 Prior to commencing the provision of Goods the Supplier shall have in force must hold, and shall require any sub-Contractor if requested, provide to have in forcethe Company certificates of currency for: (a) employer’s public liability insurance in accordance with any legal requirements insurance, such insurance: (i) covering liability relating to death, bodily injury, loss of property and damage to property for the time being amount not less than $20,000,000; (ii) insuring the Goods against loss or damage during manufacture, pending delivery and in force, andtransit to the Delivery Point specified in the Purchase Order and until accepted by the Company; (iii) must either include the Company as a named insured on the insurance policy (and then contain a waiver of the insurer’s rights of subrogation to the Company rights) or note the Company’s interest on the policy; (b) public compulsory motor vehicle third Party liability insurance for all Supplier’s vehicles, if such sum and range vehicles are used for the purposes of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum Agreement; (c) insurance for third Party property damage by Supplier’s vehicles for an amount of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing$20,000,000; (d) workers compensation insurances; and (e) journey cover insurance. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: General Agreement

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Indemnity and Insurance. 15.1 27.1 Without prejudice to any other rights or remedies of the Purchaser Collaborative Partner, the Supplier Contractor shall indemnify the Purchaser and the Crown Collaborative Partner against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown Collaborative Partner may suffer or incur as a result of or in connection with any loss or damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 Contractor in carrying out the Services for the Collaborative Partner under a Purchase Order. The Purchaser Contractor shall indemnify not be responsible for any injury, loss, damage, cost or expense if and to the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses extent that it is caused by the negligence or other liabilities which may arise out of, or in consequence of, a breach wilful misconduct of the Data Protection Laws where Collaborative Partner or by breach by the breach is the direct result Collaborative Partner of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation its obligations under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 27.2 The Supplier Contractor shall have in force and shall require any sub-Contractor subcontractor to have in force: (a) employerEmployer’s liability insurance in accordance with any legal requirements for the time being in force, ; and (b) public Public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions against liability in the sum of not less than £1 million the Public Liability Amount for any one incident and unlimited in total, unless otherwise agreed by the Purchaser Authority in writing; and (c) Professional indemnity insurance in the sum of not less than the Professional Indemnity Amount for any one incident and unlimited in total, unless otherwise agreed by the Authority in writing. 15.5 27.3 If requested, the Contractor shall provide the Collaborative Partner with evidence that all required insurance policies are in place and are current. 27.4 If the Contractor fails to give effect to and maintain the insurances required by this Contract the Collaborative Partner may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 27.5 The policy terms of any insurance or policies the amount of insurance referred to in Condition 15.4 cover shall not relieve the Contractor of any liabilities under the Contract. 27.6 Where the Contractor comprises more than one person, the obligations and liabilities of the Contractor under this Contract shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence joint and several obligations of payment of premiums, including the latest premium due thereunderthose persons.

Appears in 1 contract

Samples: Service Agreement

Indemnity and Insurance. 15.1 14.1 Without prejudice to any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 14.2 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 14.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown Purchaser or any servant or agent of the CrownPurchaser) the indemnity contained in Condition 15.1 14.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown Purchaser or any servant or agent of the CrownPurchaser. 15.4 14.3 The Supplier shall have in force and shall require any sub-Contractor contractor to have in forceforce with a reputable insurance company licensed to offer insurance services in the United Kingdom: (a) employer’s 's liability insurance in accordance with any legal requirements for the time being in forceforce but covering at least all employer’s liability matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £10 million for any one incident and unlimited in total, andunless otherwise agreed by the Purchaser in writing; (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all public liability matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 5 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing; and (c) professional indemnity, product liability or any other special insurances (if any) for such cover and to such extent as is stipulated in Specification of Requirements, unless otherwise agreed by the Purchaser in writing. Where an indemnity or compensation obligation falls within more than one of the heads of insurance cover referred to above, the supplier shall secure that the insurance effected to cover that obligation is to the extent of the highest of the indemnity limits stipulated in the clauses of this condition applying to that obligation. 15.5 14.4 The policy or policies of insurance referred to in Condition 15.4 14.3 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: Supply Agreement

Indemnity and Insurance. 15.1 Without prejudice The following provisions are in addition to any rights similar or remedies complementary provisions of the Purchaser Lease Agreement and the Supplier Sublease Agreement: 6.1 Sublessee shall indemnify the Purchaser and hold Acucela Inc., a Washington corporation, and its subsidiaries and affiliated corporations, and their respective officers, directors, agents, employees, attorneys, and assigns, and the Crown Landlord and Boeing, and their respective officials, employees, contractors, and agents (the “Indemnified Parties”) harmless from and against any and all actionsclaims or liability for bodily injury to or death of any person or loss of or damage to any property arising out of Sublessee’s use or occupancy of the Subleased Premises or the Common Areas or property of which the Subleased Premises are a part, suitsor from the conduct of Sublessee’s business, claimsor from any activity, demandswork, lossesor thing done, chargespermitted, costs or suffered by Sublessee, its employees, agents, contractors, or invitees in or about the Subleased Premises, the Leased Premises, or the Common Areas. Notwithstanding the foregoing, the indemnity provisions herein shall not include claims and liabilities for bodily injury to or death of any person or loss of or damage to any property to the extent caused by any negligence or willful misconduct on the part of the Indemnified Parties, or of Sublessor, its agents, employees, contractors, or invitees. Sublessee expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph 6.1. In the event that Sublessee is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, Sublessee shall defend, indemnify and hold harmless the Indemnified Parties to the full extent allowed by RCW 4.24.115. In no event shall Sublessee’s obligations hereunder be limited to the extent of any insurance available to or provided by Sublessee. Sublessee shall require each subcontractor who desires access to the Leased Premises to provide an indemnity, enforceable by and for the benefit of the Indemnitees, to the same extent required of the Sublessee. Such indemnity shall include all reasonable costs, attorneys’ fees, and expenses which incurred in the Purchaser or the Crown may suffer or incur as a result of or in connection with any damage to property or in respect defense of any injury (whether fatal such claim or otherwise) to any person which may result directly action or indirectly from proceeding brought thereon. In the event any negligent action or wrongful act or omission proceeding is brought against Sublessor by reason of any claim falling within the scope of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claimsforegoing indemnity, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach Sublessee upon written notice from Sublessor to Sublessee after notice of the Data Protection Laws where claim shall defend the breach same at Sublessee’s expense by counsel reasonably satisfactory to Sublessor. Sublessor shall provide notice to Sublessee as soon as is reasonably practical after Sublessor receives notice of any claim that will fall within the direct result scope of the Supplier acting in accordance with foregoing indemnity, provided that Sublessor’s performance of the Purchaser’s specific written instructions. This indemnity provision foregoing shall not apply if be deemed a condition to Sublessee’s obligations under the Supplier- (a) acts on the Purchaser’s specific written instructions foregoing indemnity, but fails Sublessee may seek to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other reduce its obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the foregoing indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage Sublessee could have avoided liability or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crowncost had Sublessor performed its obligations set out in this paragraph. 15.4 The Supplier shall have 6.2 Sublessee at Sublessee’s own cost and expense, will provide and keep in full force and shall require any sub-Contractor to have in force: (a) employer’s effect during the term of this Sublease Agreement: Commercial general liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum limits of not less than £1 million Three Million Dollars ($3,000,000.00), or such higher amount as may be required by Landlord or Boeing pursuant to the respective Lease Agreement or Sublease Agreement, covering bodily injury to any person, including death, and loss of or damage to real and personal property. Such insurance may be provided under Sublessee’s blanket commercial general liability insurance policy. Sublessor and each of the Indemnified Parties shall be named as an additional insured under such insurance to the extent of Sublessee’s undertaking set forth in paragraph 6.1. Sublessee shall cause the insurer issuing such insurance policy to waive all rights of subrogation against the Indemnified Parties to the extent of Sublessee’s undertaking set forth in paragraph 6.1. A certificate evidencing such insurance coverage and the coverage required hereunder shall be delivered to Sublessor prior to the commencement date of the Sublease Term. Such certificate of insurance will provide for any one incident and unlimited not less than fifteen days advance notice in total, unless otherwise agreed by the Purchaser in writingevent of cancellation or material alteration of such insurance. 15.5 The 6.3 Sublessee hereby releases and relieves Sublessor and the Indemnified Parties and waives its entire claim of recovery for loss of or damage to property arising out of or incident to fire, lightning, or any other perils normally included in a standard “All Risk” physical damage property insurance policy containing an extended coverage and special extended coverage endorsement, when such property is in on or policies of insurance referred to in Condition 15.4 shall be shown about the Subleased Premises or the Leased Premises, whether or not such loss or damage is due to the Purchaser whenever negligence of Sublessor, Sublessee, or their respective agents, employees, guests, licensees, invitees, or contractors. Without limiting the Purchaser requestsgenerality of the foregoing, together the foregoing waiver is not intended to affect any rights or obligations of the Landlord or Boeing with satisfactory evidence respect to claims for loss of payment or damage to property pursuant to the respective Lease Agreement or Sublease Agreement or otherwise. 6.4 Sublessee shall cause its insurance carriers to waive all rights of premiums, including subrogation against Sublessor and the latest premium due thereunderIndemnified Parties to the extent of Sublessee’s undertakings set forth in article 6.

Appears in 1 contract

Samples: Sub Sublease Agreement (Kubota Pharmaceutical Holdings Co LTD)

Indemnity and Insurance. 15.1 18.1 The Contractor shall indemnify and keep indemnified the PCC against injury to or death to any persons or loss of or damage to their property which may arise out of any act or omission, default or negligence of the Contractor or its employees, servants, agents or Subcontractors, and against all actions, suits, claims, demands, losses, charges, costs, expenses (including legal costs on a full indemnity basis) and judgements however incurred by the PCC, provided always that the Contractor shall not be liable for, nor be required to indemnify the PCC against any compensation or damages for or in respect of injuries, loss or damage resulting entirely from any act, default or negligence on the PCC’s part or that of its employees or agents not being the Contractor or employed by the Contractor. 18.2 Without prejudice to its liability to indemnify the PCC in line with Clause 18.1 above the Contractor shall, at its own expense and with a reputable insurance company, have in force and require any rights or remedies Subcontractor to have in force: 18.2.1 Employer’s Liability Insurance in line with any legal requirement for the time being in force; and 18.2.2 Public Liability Insurance for an amount and range of cover as the Contractor considers appropriate but not less than £5,000,000 for any one incident unless otherwise agreed by the PCC in writing. 18.2.3 Professional Liability Insurance (where applicable) for an amount and range of cover as the Contractor considers appropriate but not less than £2,000,000 for any one incident unless otherwise agreed by the PCC in writing. 18.3 The Contractor shall on demand produce evidence to the PCC (providing the request is not unreasonable) in the form of certificates, policies and cover notes to show the insurance mentioned in Clause 18.2 above are properly effected and in force at all times during the Contract. 18.4 The Contractor warrants that neither the Goods and/or the provision of the Purchaser Services nor the Supplier PCC’s use of the Goods for the purposes intended or made known will infringe any patent, registered design, trademark, copyright or other protected right and the Contractor shall indemnify the Purchaser PCC against all actions, claims, demands, costs, proceedings, charges and expenses of whatsoever nature arising from or incurred by reason of any infringement or alleged infringement of any such right. It shall be a condition of the Contract that except for the Goods and Services which incorporate designs given by the PCC, the Goods and Services will not be in breach of any patent, trade mark, registered design, copyright or other right in the nature of industrial property of any third party and the Crown Contractor shall indemnify the PCC against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown PCC may suffer or incur be liable for as a result of or in connection with any damage to property or in respect breach of this Condition. If any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission court order is obtained against the use of the Supplier. 15.2 The Purchaser relevant Goods the Contractor shall indemnify immediately replace the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or Goods with other liabilities which may arise out of, or in consequence of, a breach similar Goods to the satisfaction of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructionsPCC. This indemnity provision No warranty shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused be given by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply PCC as to the extent that intellectual property rights in any material or specification supplied by them and the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover must satisfy itself as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence ownership of payment of premiums, including the latest premium due thereunderthem.

Appears in 1 contract

Samples: Enterprise Geographical Information System (Gis) Contract

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the 19.1 The Supplier shall indemnify the Purchaser and the Crown Buyer against all loss, actions, suitscosts, claims, demands, losses, charges, costs expenses and expenses liabilities whatsoever (if any) which the Purchaser Buyer may incur either at common law or the Crown may suffer by statute in respect of personal injury to or incur as a result death of or in connection with any damage to property person, or in respect of any injury loss or destruction of or damage to property (whether fatal other than as a result of any default or otherwise) to neglect of ourselves or any person for whom the Buyer is responsible), which shall have occurred in connection with any work executed by the Supplier under this Agreement or shall be alleged to be attributable to some defect in the Goods or Services. 19.2 This Purchase Order is given on condition that (without prejudice to the generality of Condition 18) the Supplier will indemnify the Buyer against all losses, costs, claims, demands, expenses and liabilities whatsoever (if any) which the Buyer may incur either at Common Law or by statute (o ther than as a result directly of any default or indirectly from neglect of the Buyer or of any negligent person for whom the Buyer is responsible) in respect of personal injury to or wrongful act or omission death of any of the Supplier. 15.2 The Purchaser shall indemnify ’s or the Supplier in respect of all claimsBuyer’s employees, proceedingsagents, actions, damages, fines, costs, expenses sub-­‐contractors or other liabilities which may arise out of, representatives whilst on the Buyer’s premises whether or not such persons are (at the time such personal injury or deaths are caused) acting in consequence of, the course of their employment. Buyer whether directly or as a breach of the Data Protection Laws where the breach is the direct result of the action, claim or demand of any third party by reason or any breach by the Supplier acting in accordance with of these conditions or any terms or obligations on their part implied by the Purchaser’s specific written instructionsSale of Goods Act 1979, the Supply of Goods and Services Act 1982 or any other statute or statutory provision relevant to the Agreement or to Goods or work covered thereby. This indemnity provision shall not apply if be prejudiced or waived by any exercise of the Supplier-Buyer’s rights under Condition 14. (a) acts on 19.4 The Supplier shall hold satisfactory insurance cover with a reputable insurer to fulfil their insurance obligations for the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) duration of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (Agreement including death) suffered by an employee of the pu blic liability insurance cover. The Supplier (in respect of which the shall effect insurance against all those risks arising from their indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission 17C above. Satisfactory evidence of the Purchaser, the Crown or any servant or agent such insurance and payment of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 current premiums shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunderBuyer upon request.

Appears in 1 contract

Samples: Standard Terms and Conditions of Contract

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser Purchaser, the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs costs, and expenses which the Purchaser or the Crown may suffer or incur as a result of of, or in connection with with, any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier-the (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c28.12(c) of this Contract; (b) fails to comply with any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) ), the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and; (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: Conditions of Contract for the Purchase of Services

Indemnity and Insurance. 15.1 Without prejudice (a) The Hirer shall be liable for: (i) the cost of repair of any damage (including accidental and malicious damage) done to any rights or remedies part of the Purchaser premises including the Supplier shall indemnify curtilage thereof or the Purchaser and contents of the Crown against premises. (ii) all actions, suits, claims, demands, losses, chargesdamages and costs made against or incurred by the Trust, costs its employees, volunteers, agents or invitees (past and expenses which the Purchaser present) in respect of damage or the Crown may suffer loss of property or incur injury to persons arising as a result of or in connection with any damage to property or in respect of any injury (whether fatal or otherwise) to any person which may result directly or indirectly from any negligent or wrongful act or omission the use of the Supplier.premises (including the storage of equipment) by the Hirer, and 15.2 The Purchaser shall indemnify the Supplier in respect of (iii) all claims, proceedingslosses, actionsdamages and costs made against or incurred by the Trust, damagesits employees, finesvolunteers, costs, expenses agents or other liabilities which may arise out of, or in consequence of, invitees (past and present) as a breach result of the Data Protection Laws where the breach is the direct any nuisance caused to a third party as a result of the Supplier acting in accordance with use of the Purchaser’s specific written instructions. This indemnity provision premises by the Hirer, and subject to sub-clause (b), the Hirer shall not apply if indemnify and keep indemnified accordingly each member of the Supplier- Trust and their employees, volunteers, agents and invitees (apast and present) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract;against such liabilities. (b) fails The Trust shall take out adequate insurance to comply with any other obligation under insure the Contract. 15.3 Except liabilities described in sub-clauses (a)(i) above and may, in its discretion and in the case of lossnon commercial hirers, damage or personal injury (including death) suffered by an employee of insure the Supplier (liabilities described in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: sub- clauses (a) employer(ii) and (iii) above. A summary of the insurance cover provided by The Trust is shown in Appendix 3 of this Agreement. If any further detail of The Trust’s insurance cover is required, please advise the Hall Manager. The Trust shall claim on its insurance for any liability of the Hirer hereunder but the Hirer shall indemnify and keep indemnified each member of the Trust and its employees, volunteers, agents and invitees (past and present) against (a) any insurance in accordance with any legal requirements for the time being in force, and excess incurred and (b) the difference between the amount of the liability and the monies received under the insurance policy. Where the Village Hall does not insure the liabilities described in sub-clauses (a)(ii) and (iii) above or if the Hirer is a commercial association or a profit making organisation they agree to obtain third party public liability insurance for such sum and range their event for a minimum amount of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million 5,000,000 for any one incident occurrence or series of occurrences arising out of one event. The Trust accepts no liability for any claims arising thereof. Evidence that the Hirer has the necessary insurance in place will be required. The Hirer shall take out adequate insurance to insure such liability and unlimited in total, unless otherwise agreed by on demand shall produce the Purchaser in writing. 15.5 The policy and current receipt or policies other evidence of insurance referred to in Condition 15.4 shall be shown cover to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.Hall

Appears in 1 contract

Samples: One Off Hire Agreement

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier 17.1 The Provider shall indemnify and keep indemnified the Purchaser and the Crown Commissioner against all actions, suits, claims, demands, losses, charges, actions claims demands proceedings damages costs charges and expenses which the Purchaser or the Crown may suffer or incur as a result whatsoever in respect of or in connection with any way arising out of this Agreement in relation to the injury to or death of any person or the loss of or any damage to any property belonging to the Commissioner except and to the extent that it may arise out of the act default or negligence of the Commissioner its employees or agents not being the Provider or employed by the Provider. 17.2 Without thereby limiting its responsibilities under this Clause 17 the Provider shall insure with an insurance company approved by the Authority against its liabilities under Clause 17.1. 17.3 The insurance in respect of any personal injury (whether fatal to or otherwise) to death of any person which may result directly or indirectly from any negligent or wrongful act or omission arising under an agreement of the Supplier. 15.2 The Purchaser shall indemnify the Supplier in respect of all claims, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance Specific Service with the Purchaser’s specific written instructions. This indemnity provision Provider and arising out of an incident occurring during the course of such persons employment shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with the Employer’s Liability (Compulsory Insurance) Xxx 0000 and any other obligation under the Contract. 15.3 Except in the case of loss, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force statutory orders made thereunder and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less Ten Million Pounds (£10,000,000). 17.4 For all claims other than under Clause 17.3 this Clause 17 requires the Provider to ensure that Public Liability insurance cover shall be in the sum of Ten Million Pounds (£1 million for 10,000,000) or such greater sum as the Provider may choose in respect of any one incident and unlimited in total, unless the Provider’s insurance policy affecting such cover shall have the interest of the Commissioner endorsed thereon or shall otherwise agreed expressly by its terms confer its benefits upon the Purchaser in writingCommissioner. 15.5 The policy or policies 17.5 In respect of Professional Indemnity insurance referred the Provider shall take out and maintain appropriate insurance cover in the minimum sum of Five Million Pounds (£5,000,000). 17.6 In respect of Medical Malpractice insurance the Provider shall take out and maintain appropriate insurance cover in the minimum sum of Two Million Pounds (£2,000,000) to carry out appropriate Health Care Tasks as specified in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunderHealth and Social Care Protocol.

Appears in 1 contract

Samples: Framework Agreement

Indemnity and Insurance. 15.1 Without prejudice to 8.1 The Manager shall indemnify and hold the Partners (together the “Indemnified Persons”) harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, any rights or remedies of the Purchaser the Supplier shall indemnify the Purchaser and the Crown against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser or the Crown may suffer or incur Indemnified Persons as a result of or in connection with with: 8.1.1 any damage to property or claim made against any of the Indemnified Persons in respect of any injury (whether fatal liability, loss, damage, injury, cost or otherwise) expense sustained by it/them, its/their employees or agents to any person which may result directly the extent that such liability, loss, damage, injury, cost or indirectly expense was caused by, relates to or arises from any negligent or wrongful act or omission the provision of the Supplier. 15.2 The Purchaser shall indemnify Management Services by the Supplier in respect Manager as a consequence of all claimsits fraud, proceedingswilful default, actions, damages, fines, costs, expenses or other liabilities which may arise out ofnegligence, or a material breach or negligent performance or failure or delay in consequence ofperformance of this Agreement by the Manager, a its employees or agents; or 8.1.2 any material breach of any applicable provision of FSMA or the Data Protection Laws where FCA Rules in its conduct in relation to the breach is Partnership, or the direct result of the Supplier acting in accordance with the PurchaserManager’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails failure to comply with any other obligation duty to the Partnership under the Contractregulatory system (as defined in the glossary to the FCA Rules); or 8.1.3 the Manager holding itself out, advising or representing to any third party that it has authority to act as agent, in the name of or on behalf of or otherwise bind any of the Indemnified Persons in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). 15.3 Except in 8.2 In addition to the case provisions of loss, damage or personal injury (including death) suffered by an employee clause 5.14 of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the PurchaserLPA but without limitation to its liability pursuant to such clause, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 Manager shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor be required to have in force: place such insurance policies as are normal for a management services company with a reputable insurance company covering, without limitation, all the obligations to be imposed upon the Manager under this Agreement (a) including, without limitation, public liability and employer’s liability liability) and shall provide details of such insurance in accordance with any legal requirements for to the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems Partnership when requested to do so. The Manager shall be required to undertake not to do or permit anything to be appropriate but covering at least all matters done which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for may render any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 void or voidable. 8.3 The provisions of this Clause 8 shall be shown to the Purchaser whenever the Purchaser requestssurvive termination of this Agreement, together with satisfactory evidence of payment of premiums, including the latest premium due thereunderhowever arising.

Appears in 1 contract

Samples: Management Services Agreement

Indemnity and Insurance. 15.1 Without prejudice Subject to the provisions of these Terms, a party (the indemnifying party) must at all times indemnify, hold harmless and defend the other party, their officers, directors, employees, agents, or independent contractors (in this clause 15 referred to as “those indemnified”) from and against any rights loss (including reasonable legal costs and expenses), or remedies liability, reasonably incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified where such loss or liability arises in connection with the Terms and was caused by: 15.1.1 any breach of a clause or warranty of these Terms by the indemnifying party; or 15.1.2 any wilful, unlawful or negligent act or omission of the Purchaser indemnifying party, its employees, or agents or subcontractors. 15.2 The indemnifying party's liability to indemnify those indemnified under clause 15.1 will be reduced proportionally to the Supplier shall extent that any act or omission of the indemnified party, its affiliates, officers, directors, employees, agents or independent contractors contributed to the loss or liability. 15.3 Client will indemnify the Purchaser and the Crown keep indemnified CCR from and against all actions, suits, claims, demands, losses, chargesdamages, costs (including reasonable legal costs on a full indemnity basis) and expenses for which CCR becomes liable as a result of, or arising directly from, the Purchaser use of the Results of the Service by the Client, except to the extent that such actions, claims, demands, losses, damages, costs, or the Crown expenses are contributed to by a wrongful (including negligent) act or omission of CCR. 15.4 The Client indemnifies CCR against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against CCR) that CCR may suffer sustain or incur as a direct or indirect result of or in connection with any damage to property or in respect claim by a third party arising out of the use of any injury (whether fatal reports or otherwise) to results by: 15.4.1 the Client; or 15.4.2 any person which may result directly who obtains the reports or indirectly results from any negligent the Client, except to the extent that such actions, claims, demands, losses, damages, costs, or expenses are contributed to by a wrongful (including negligent) act or omission of the SupplierCCR. 15.2 The Purchaser shall indemnify 15.5 CCR and the Supplier in respect of all claimsClient will not, proceedings, actions, damages, fines, costs, expenses or other liabilities which may arise out of, or in consequence of, a breach without the prior written consent of the Data Protection Laws where other, fail to: 15.5.1 take out all necessary statutory workers’ compensation insurance and otherwise comply with all statutory workers’ compensation requirements; 15.5.2 take out and maintain a valid and enforceable public liability insurance policy up to at least $5 million; 15.5.3 take out and maintain professional indemnity insurance of $5 million minimum. 15.5.4 on request by the breach is other, provide the direct result other, within 48 hours after that request, with evidence of the Supplier acting insurance cover obtained in accordance with this Clause to cover its obligations and exercise of rights under these Terms. 15.6 CCR must hold a current licence to conduct research on animals under the Purchaser’s specific written instructionsNorthern Territory Animal Welfare Act. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) A condition of this Contract; (b) fails licence is to comply report all animal welfare concerns to the person who accepted the Agreement. The Client indemnifies CCR against all liability that may be associated with any other obligation under animal welfare concerns reported by CCR to the Contract. 15.3 Except in the case of lossClient, damage or personal injury (including death) suffered by an employee of the Supplier (in respect of which the indemnity in Condition 15.1 shall apply whether or if those concerns not the loss, damage or personal injury was caused rectified by the negligent or wilful act or omission Client following receipt of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crownreport. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: Services Agreement

Indemnity and Insurance. 15.1 Without prejudice to any rights or remedies of the Purchaser the Supplier 5.1 The Provider shall indemnify and keep indemnified the Purchaser and the Crown Authority against all actions, suits, claims, demands, lossesproceedings, chargesdamages, costs costs, charges and expenses which whatsoever in respect of, or in any way arising directly out of the Purchaser provision of the Service in relation to the injury to, or death of, any person, and loss of, or damage to, any property including property belonging to the Authority or the Crown may suffer or incur as a result of or in connection with any damage to property Service User or in respect of any injury (other cause and whether fatal arising during or otherwise) after the Contract Period except and to the extent that it arises out of the act, default or negligence of the Authority, its employees, or of any person which may result directly for whom the Authority is responsible not being the Provider or indirectly from its personnel. 5.2 Without in any negligent or wrongful act or omission way limiting its responsibilities under this Condition 5, the Provider shall insure with an insurance company approved by the Authority against its liabilities under this Condition. 5.2.1 Employers Liability Insurance for a sum of not less than TEN MILLION POUNDS 5.2.2 Public Liability Insurance for an amount of not less than FIVE MILLION POUNDS 5.2.3 where the Provider employs professionally qualified personnel in the provision of the Supplier. 15.2 The Purchaser shall indemnify the Supplier Service whether or not there is a requirement for them to be so qualified Professional Indemnity Insurance for an amount of not less than TWO MILLION POUNDS in respect of any one claim. 5.3 The Provider shall supply to the Authority forthwith when required by the Authority, a certificate from its insurers or brokers confirming that the Provider's insurance policies comply with Condition 5.2. 5.4 If the Provider fails to take out and maintain the insurance required under Condition 5.2 then the Authority may itself insure against any risk in respect of which failure shall have occurred and a sum or sums equivalent to the amount paid or payable by the Authority in respect of their premiums may be deducted by the Authority from monies due or to become due to the Provider under the Contract or such amount may be recoverable from the Provider as a debt. 5.5 In its performance of the Service, the Provider shall accept full responsibility for and shall indemnify and hold harmless the Authority, its other contractors and its and their employees from and against all actions, claims, demands, proceedings, actions, damages, fines, costs, charges and expenses or other liabilities which may arise out of, or in consequence of, a breach of arising directly from: 5.5.1 Any failure by the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance with the Purchaser’s specific written instructions. This indemnity provision shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails Provider to comply with any other obligation law or regulation, including but not limited to laws and regulations relating to Health and Safety at Work legislation, Employment legislation, the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 or the Acquired Rights Directive (EEC/77/187), tax legislation and the provisions of any companies or partnership legislation. 5.5.2 The sufficiency and accuracy of any information about employees who might transfer with the Service to any subsequent contractor at the end of the Contract Period which the Provider is required to furnish under the Contract. 15.3 Except in 5.5.3 Any Ombudsman finding of maladministration causing injustice which arises from any action or omission by the case Provider made as a result of lossa formal investigation or report or otherwise and any recommendation that any payment be made by way of any sort of informal settlement. 5.6 The Authority shall indemnify and keep indemnified the Provider against all actions, damage or personal injury (including death) suffered by an employee of the Supplier (claims, demands, proceedings, damages, costs, charges and expenses in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission arising directly out of the Purchaser, the Crown or any servant or agent provision of the CrownService in relation to the injury to, or death of, any person, or loss of, or damage to, any property (including property belonging to the Provider) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission it arises out of the Purchaser, the Crown or any servant or agent negligence of the CrownAuthority or its employees. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and unlimited in total, unless otherwise agreed by the Purchaser in writing. 15.5 The policy or policies of insurance referred to in Condition 15.4 shall be shown to the Purchaser whenever the Purchaser requests, together with satisfactory evidence of payment of premiums, including the latest premium due thereunder.

Appears in 1 contract

Samples: Community Support Services Contract

Indemnity and Insurance. 15.1 Without prejudice 13.1 The Operator shall indemnify and keep indemnified the Council against the injury to or death of any persons or loss of or damage to any rights or remedies property which may arise out of the Purchaser act default or negligence of the Supplier Operator his employees or agents and against all actions claims demands proceedings damages costs charges and expenses whatsoever in respect or in relation thereto provided that the Operator shall save as otherwise provided in the contract not be liable for nor be required to indemnify the Purchaser and the Crown Council against all actions, suits, claims, demands, losses, charges, costs and expenses which the Purchaser any compensation or the Crown may suffer or incur as a result of or in connection with any damage to property damages for or in respect of any injury (whether fatal injuries or otherwise) to any person which may result directly or indirectly damage resulting wholly from any negligent act default or wrongful act or omission negligence on the part of the Supplier.Council its employees or agents not being the Operator or employed by the Operator 15.2 13.2 Without thereby limiting his responsibilities under this Condition the Operator shall insure with a reputable insurance company against all loss of and damage to property and injury to or death of persons arising out of or in consequence of the Operator's obligations under the Contract and against all actions claims demands proceedings damages costs charges and expenses in respect thereof 13.3 The Purchaser shall indemnify the Supplier insurance in respect of all claims, proceedings, actions, damages, fines, costs, expenses personal injury or other liabilities which may arise out of, or in consequence of, death of any person arising under a breach contract of the Data Protection Laws where the breach is the direct result of the Supplier acting in accordance service with the Purchaser’s specific written instructions. This indemnity provision Operator and arising out of an incident occurring during the course of such person's employment shall not apply if the Supplier- (a) acts on the Purchaser’s specific written instructions but fails to notify the Purchaser in accordance with Condition 28.11(c) of this Contract; (b) fails to comply with the Employer's Liability (Compulsory Insurance) Regulations 1998 and the Road Traffic Acts 1972 and 1998 and any statutory orders made thereunder. For all other obligation under claims to which this condition applies the Contract. 15.3 Except in insurance cover shall be the case sum of loss, damage £5,000,000 or personal injury (including death) suffered by an employee of such greater sum as the Supplier (Operator may choose in respect of which the indemnity in Condition 15.1 shall apply whether or not the loss, damage or personal injury was caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown) the indemnity contained in Condition 15.1 shall not apply to the extent that the loss, damage or injury is caused by the negligent or wilful act or omission of the Purchaser, the Crown or any servant or agent of the Crown. 15.4 The Supplier shall have in force and shall require any sub-Contractor to have in force: (a) employer’s liability insurance in accordance with any legal requirements for the time being in force, and (b) public liability insurance for such sum and range of cover as the Supplier deems to be appropriate but covering at least all matters which are the subject of indemnities or compensation obligations under these Conditions in the sum of not less than £1 million for any one incident and his insurance policy effecting such cover shall be unlimited in total, unless total and shall have the interest of the Council endorsed thereon or shall otherwise agreed expressly by its terms confer its benefits upon the Purchaser in writing.Council 15.5 13.4 The policy or policies of insurance referred to in Condition 15.4 Operator shall be shown at his own cost and to the Purchaser whenever satisfaction of the Purchaser requests, together Executive Officer & Town Clerk keep and maintain full comprehensive cover to the full reinstatement value all stock and equipment used by him under the terms of the specification annexed 'A' 13.5 The Operator shall supply to the Council immediately upon request copies of all insurance policies cover notes premium receipts and other documents necessary to comply with satisfactory evidence of payment of premiums, including the latest premium due thereunder.this Condition

Appears in 1 contract

Samples: Contract for the Operation of Licensed Bar and Café Services

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