Common use of Indemnity and Insurance Clause in Contracts

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or 34.5.3 indirect or consequential loss or damage. 34.6 The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specification Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period. and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8 The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10 If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 35.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the liability of either Party for Defaults shall be subject to the following financial limits: 34.5.1 the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] pounds against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or 34.5.3 indirect or consequential loss or damage. 34.6 The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specification Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period. and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8 The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10 If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or 34.5.3 indirect or consequential loss or damage. 34.6 The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specification Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period, and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8 The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premium due under those policies. 34.10 If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] pounds against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible have no liability to the Authority for any injury, loss, damage, cost or expense if and to the extent that it is caused such liability arises as a result of: the negligence, wilful misconduct or breach of the obligations under this Contract by the negligence Authority, its employees, agents or wilful misconduct of any Authority Personnel sub-contractors; or the breach by compliance of the Authority Contractor with the instructions of its obligations under the Contract.Authority, the Authority’s employees, agents or sub-contractors 34.4 Subject always to clause 34.1,the 34.1, the liability of either Party for Defaults shall be subject to the following financial limit: The aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] pounds against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or 34.5.3 indirect or consequential loss or damage. 34.6 The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specification Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period. and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8 The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10 If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and if such cover is on ‘a claims made’ basis it shall be maintained for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 35.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the liability of either Party for Defaults shall be subject to the following financial limits: 34.5.1 the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or

Indemnity and Insurance. 34.1 33.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 33.1.1 death or personal injury caused by its negligence; or 34.1.2 33.1.2 Fraud; or 34.1.3 33.1.3 fraudulent misrepresentation; or 34.1.4 33.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 33.2 Subject to clauses 34.1 33.1 and 34.433.4, the Contractor shall indemnify the Authority Financial Ombudsman Service and keep the Authority Financial Ombudsman Service indemnified [fully up to £1million pounds] in full against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 33.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Financial Ombudsman Service Personnel or the breach by the Authority Financial Ombudsman Service of its obligations under the Contract. 34.4 33.4 Subject always to clause 34.1,the 33.1,the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 33.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 33.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 33.5.2 loss of savings (whether anticipated or otherwise); and/or

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 or Fraud; or 34.1.3 or fraudulent misrepresentation; or 34.1.4 or any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 and/or loss of savings (whether anticipated or otherwise); and/orand/or indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or 34.5.3 indirect or consequential loss or damage. 34.6 The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7 The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specification Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period. and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8 The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10 If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] 10million pounds against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]1,000,000. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the 34.2 & 34.4 in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million 5million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] pounds against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-non- performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 34.1. Neither Party excludes or limits liability to the other Party for: 34.1.1 34.1.1. death or personal injury caused by its negligence; or 34.1.2 34.1.2. Fraud; or 34.1.3 34.1.3. fraudulent misrepresentation; or 34.1.4 34.1.4. any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 34.2. Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] pounds against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. The Authority shall take all reasonable steps to mitigate all such losses. 34.3 34.3. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 34.4. Subject always to clause 34.1,the 34.1, the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 34.5. Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 34.5.1. loss of profits, business, revenue, goodwill; and/or 34.5.2 34.5.2. loss of savings (whether anticipated or otherwise); and/or 34.5.3. indirect or consequential loss or damage. 34.6. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. 34.7. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover as specified in the Specifications Schedule in respect of risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. 34.8. The Contractor shall hold and shall ensure that all sub-contractors hold employer’s liability insurance in respect of all eligible workers engaged in providing the Services in accordance with any legal requirement from time to time in force. 34.9. The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premia due under those policies. 34.10. If, for whatever reason, the Contractor fails to ensure that insurances required by the provisions of the Contract are maintained, the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 34.11. The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in clause 34.2.

Indemnity and Insurance. 34.1 Neither Party excludes or limits liability to the other Party for: 34.1.1 death or personal injury caused by its negligence; or 34.1.2 Fraud; or 34.1.3 fraudulent misrepresentation; or 34.1.4 any breach of any obligations imposed by section 2 of the Supply of Goods and Services Act 1982 Xxx 0000 or section 12 of the Sale of Goods Act 1979Xxx 0000. 34.2 Subject to clauses 34.1 and 34.4, the Contractor shall indemnify the Authority and keep the Authority indemnified [fully up to £1million pounds] against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Goods or Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Contractor’s Personnel on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor. 34.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of any Authority Personnel or the breach by the Authority of its obligations under the Contract. 34.4 Subject always to clause 34.1,the aggregate liability of either Party for Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall unless agreed to the contrary not exceed [£5,000,000]. 34.5 Subject always to clause 34.1 in no event shall either Party be liable to the other for: 34.5.1 loss of profits, business, revenue, goodwill; and/or 34.5.2 loss of savings (whether anticipated or otherwise); and/or