Common use of Indemnity and Insurances Clause in Contracts

Indemnity and Insurances. Except as may otherwise be expressly stated in this Contract, the Council will not be liable to the Provider or to any Parents/Carers or Child’s Representative or to any third party for any loss, cost, expense, penalty or damage incurred or suffered including but not limited to damage to, loss or theft of property, arising directly out of or in consequence of or in connection with the delivery or provision of the Service or the operation of this Contract. Nothing in this Contract or any Funded Placement awarded hereunder shall be construed to limit or exclude either party’s liability for: death or personal injury caused by its negligence or that of its Staff, or Fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; any claim under condition 7 (Care Inspectorate Registration and Inspections); any claim in respect of any breach of condition 26 (Confidentiality); any claim in respect of any breach of condition 25.1 (Data Protection); or or any other matter which, by Law, may not be limited or excluded. Subject to condition 19.1 and condition 19.4, the Provider shall indemnify and keep the Council indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Service or the performance or non-performance by the Provider of its obligations under the Contract or any Funded Placement awarded thereunder which shall include any claims or actions made on behalf of a Child, Parents/Carers or any employee of the Provider or any third party in respect of the Service and shall also include indemnification 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 Provider, or any other loss which is caused directly or indirectly by any act or omission of the Provider. The Provider 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 the Council or by breach by the Council of its obligations under the Contract. Subject to conditions 19.1 and 19.2 above, in no event shall either party be liable to the other for any: - loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; and/or loss of savings (whether anticipated or otherwise); and/or any indirect or consequential loss or damage The Council may, amongst other things, recover as a direct loss: - any additional operational and/or administrative expenses arising from the Provider's Default; any wasted expenditure or charges rendered unnecessary and/or incurred by the Council arising from the Provider’s Default; and the additional cost of procuring replacement services for the remainder of the period following termination of the Contract as a result of a Default by the Provider. Nothing in the Contract shall impose any liability on the Council in respect of any liability incurred by the Provider to any other person, but this shall not be taken to exclude or limit any liability of the Council to the Provider that may arise by virtue of either a breach of the Contract or by negligence on the part of the Council, or the Council's employees, servants or agents. In addition to the Provider’s specific insurance obligations set out in the Statement of Requirements, the Provider shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Provider, arising out of the Provider’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Provider. Such insurance shall be maintained for the Period of Contract and any Funded Placements awarded thereunder and for a minimum of six (6) years following the expiration or earlier termination of the Contract and any Funded Placements awarded thereunder. Without prejudice to the foregoing obligations, the Provider will comply with the stated requirements of the Council as set out in Schedule Part 8 (Insurance Requirements). The Provider shall give the Council, on request, copies of all insurance policies referred to in this condition 19 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 premiums due under those policies. If, for whatever reason, the Provider fails to give effect to and maintain the insurances required by the provisions of the Contract the Council may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider.

Indemnity and Insurances. 19.1. Except as may otherwise be expressly stated in this Contract, the Council will not be liable to the Provider or to any Parents/Carers or Child’s Representative or to any third party for any loss, cost, expense, penalty or damage incurred or suffered including but not limited to damage to, loss or theft of property, arising directly out of or in consequence of or in connection with the delivery or provision of the Service or the operation of this Contract. 19.2. Nothing in this Contract or any Funded Placement awarded hereunder shall be construed to limit or exclude either party’s liability for: to 19.2.1. death or personal injury caused by its negligence or that of its Staff, or or 19.2.2. Fraud or fraudulent misrepresentation by it or its Staff; ; 19.2.3. any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 Xxx 0000 or Section 2 of the Supply of Goods and Services Act 1982; Xxx 0000; 19.2.4. any claim under condition 7 (Care Inspectorate Registration and Inspections); ; 19.2.5. any claim in respect of any breach of condition 26 (Confidentiality); ; 19.2.6. any claim in respect of any breach of condition 25.1 (Data Protection); or or 19.2.7. or any other matter which, by Law, may not be limited or excluded. 19.3. Subject to condition 19.1 and condition 19.4, the Provider shall indemnify and keep the Council indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Service or the performance or non-performance by the Provider of its obligations under the Contract or any Funded Placement awarded thereunder which shall include any claims or actions made on behalf of a Child, Parents/Carers or any employee of the Provider or any third party in respect of the Service and shall also include indemnification 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 Provider, or any other loss which is caused directly or indirectly by any act or omission of the Provider. The Provider 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 the Council or by breach by the Council of its obligations under the Contract. 19.4. Subject to conditions 19.1 and 19.2 above, in no event shall either party be liable to the other for any: - - 19.4.1. loss of profits; ; 19.4.2. loss of business; ; 19.4.3. loss of revenue; ; 19.4.4. loss of or damage to goodwill; and/or and/or 19.4.5. loss of savings (whether anticipated or otherwise); and/or and/or 19.4.6. any indirect or consequential loss or damage damage 19.5. The Council may, amongst other things, recover as a direct loss: - - 19.5.1. any additional operational and/or administrative expenses arising from the Provider's Default; ; 19.5.2. any wasted expenditure or charges rendered unnecessary and/or incurred by the Council arising from the Provider’s Default; and the 19.5.3. the additional cost of procuring replacement services for the remainder of the period following termination of the Contract as a result of a Default by the Provider. 19.6. Nothing in the Contract shall impose any liability on the Council in respect of any liability incurred by the Provider to any other person, but this shall not be taken to exclude or limit any liability of the Council to the Provider that may arise by virtue of either a breach of the Contract or by negligence on the part of the Council, or the Council's employees, servants or agents. 19.7. In addition to the Provider’s specific insurance obligations set out in the Statement of Schedule Part 9 (Insurance Requirements), the Provider shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Provider, arising out of the Provider’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Provider. Such insurance shall be maintained for the Period of Contract and any Funded Placements awarded thereunder and for a minimum of six (6) years following the expiration or earlier termination of the Contract and any Funded Placements awarded thereunderloss 19.8. Without prejudice to the foregoing obligations, the Provider will comply with the stated requirements of the Council as set out in Schedule Part 8 9 (Insurance Requirements). 19.9. The Provider shall give the Council, on request, copies of all insurance policies referred to in this condition 19 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 premiums due under those policies. 19.10. If, for whatever reason, the Provider fails to give effect to and maintain the insurances required by the provisions of the Contract the Council may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider. 19.11. The provisions of any insurance or the amount of cover shall not relieve the Provider of any liabilities under the Contract. It shall be the responsibility of the Provider to determine the amount of insurance cover that will be adequate to enable the Provider to satisfy any liability referred to in condition 19.3.

Indemnity and Insurances. 19.1. Except as may otherwise be expressly stated in this Contract, the Council will not be liable to the Provider or to any Parents/Carers or Child’s Representative or to any third party for any loss, cost, expense, penalty or damage incurred or suffered including but not limited to damage to, loss or theft of property, arising directly out of or in consequence of or in connection with the delivery or provision of the Service or the operation of this Contract. 19.2. Nothing in this Contract or any Funded Placement awarded hereunder shall be construed to limit or exclude either party’s liability for: construed 19.2.1. death or personal injury caused by its negligence or that of its Staff, or or 19.2.2. Fraud or fraudulent misrepresentation by it or its Staff; ; 19.2.3. any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 Xxx 0000 or Section 2 of the Supply of Goods and Services Act 1982; Xxx 0000; 19.2.4. any claim under condition 7 (Care Inspectorate Registration and Inspections); ; 19.2.5. any claim in respect of any breach of condition 26 (Confidentiality); ; 19.2.6. any claim in respect of any breach of condition 25.1 (Data Protection); or or 19.2.7. or any other matter which, by Law, may not be limited or excluded. 19.3. Subject to condition 19.1 and condition 19.4, the Provider shall indemnify and keep the Council indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Service or the performance or non-non- performance by the Provider of its obligations under the Contract or any Funded Placement awarded thereunder which shall include any claims or actions made on behalf of a Child, Parents/Carers or any employee of the Provider or any third party in respect of the Service and shall also include indemnification 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 Provider, or any other loss which is caused directly or indirectly by any act or omission of the Provider. The Provider 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 the Council or by breach by the Council of its obligations under the Contract. 19.4. Subject to conditions 19.1 and 19.2 above, in no event shall either party be liable to the other for any: - - 19.4.1. loss of profits; ; 19.4.2. loss of business; ; 19.4.3. loss of revenue; ; 19.4.4. loss of or damage to goodwill; and/or and/or 19.4.5. loss of savings (whether anticipated or otherwise); and/or and/or 19.4.6. any indirect or consequential loss or damage damage 19.5. The Council may, amongst other things, recover as a direct loss: - - 19.5.1. any additional operational and/or administrative expenses arising from the Provider's Default; ; 19.5.2. any wasted expenditure or charges rendered unnecessary and/or incurred by the Council arising from the Provider’s Default; and the 19.5.3. the additional cost of procuring replacement services for the remainder of the period following termination of the Contract as a result of a Default by the Provider. 19.6. Nothing in the Contract shall impose any liability on the Council in respect of any liability incurred by the Provider to any other person, but this shall not be taken to exclude or limit any liability of the Council to the Provider that may arise by virtue of either a breach of the Contract or by negligence on the part of the Council, or the Council's employees, servants or agents. 19.7. In addition to the Provider’s specific insurance obligations set out in the Statement of Schedule Part 7 (Insurance Requirements), the Provider shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Provider, arising out of the Provider’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Provider. Such insurance shall be maintained for the Period of Contract and any Funded Placements awarded thereunder and for a minimum of six (6) years following the expiration or earlier termination of the Contract and any Funded Placements awarded thereunder. 19.8. Without prejudice to the foregoing obligations, the Provider will comply with the stated requirements of the Council as set out in Schedule Part 8 7 (Insurance Requirements). 19.9. The Provider shall give the Council, on request, copies of all insurance policies referred to in this condition 19 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 premiums due under those policies. 19.10. If, for whatever reason, the Provider fails to give effect to and maintain the insurances required by the provisions of the Contract the Council may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider. 19.11. The provisions of any insurance or the amount of cover shall not relieve the Provider of any liabilities under the Contract. It shall be the responsibility of the Provider to determine the amount of insurance cover that will be adequate to enable the Provider to satisfy any liability referred to in condition 19.3.

Indemnity and Insurances. Except as may otherwise be expressly stated in this Contract, 11.1 The Contractor shall indemnify and keep indemnified the Council will against the injury to or death of any person or persons or loss of or damage to any property which may arise out of the act default or negligence of the Contractor its employees or agents and against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof, or in relation thereto, provided that the Contractor shall not be liable for, nor be required to indemnify the Provider Council against any compensation or to any Parents/Carers damages for or Child’s Representative or to any third party for any loss, cost, expense, penalty in respect of injuries loss or damage incurred resulting wholly from any act default or suffered including but negligence on the part of the Council its employees or agents not limited being the Contractor or employed by the Contractor. 11.2 Without thereby limiting its responsibilities under this Condition, the Contractor shall insure with a reputable insurance company against all loss of and damage to damage property and injury to, loss or theft of propertydeath of, any person or persons arising directly out of or in consequence of or in connection with the delivery or provision of Contractor’s obligations under the Service or the operation of this Contract. Nothing in this Contract or any Funded Placement awarded hereunder shall be construed to limit or exclude either party’s liability for: death or personal injury caused by its negligence or that of its Staff, or Fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; any claim under condition 7 (Care Inspectorate Registration and Inspections); any claim in respect of any breach of condition 26 (Confidentiality); any claim in respect of any breach of condition 25.1 (Data Protection); or or any other matter which, by Law, may not be limited or excluded. Subject to condition 19.1 and condition 19.4, the Provider shall indemnify and keep the Council indemnified in full from and against all actions, claims, demands, proceedings, actions, damages, costs, charges and expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Service or the performance or non-performance by the Provider of its obligations under the Contract or any Funded Placement awarded thereunder which shall include any claims or actions made on behalf of a Child, Parents/Carers or any employee of the Provider or any third party respect thereof. 11.3 The insurance in respect of personal injury or death of any person arising under a contract of service with the Service Contractor and arising out of an incident occurring during the course of such person’s employment shall also include indemnification comply with the Employer’s Liability (Compulsory Insurance) Xxx 0000 and the Road Traffic Act 1988 and any statutory orders made thereunder. For Public Liability and Employers Liability claims, the amount of insurance cover shall be in the minimum sum of £10,000,000.00 in respect of any death or personal injury, loss one incident the number of or damage to property, financial loss arising from any advice given or omitted incidents to be given by unlimited or such greater sum as the Provider, or any other loss which is caused directly or indirectly by any act or omission of Contractor may choose and his insurance policy effecting such cover shall have the Provider. The Provider 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 interest of the Council endorsed thereon, or shall otherwise expressly by breach by its terms confer its benefits upon the Council. 11.4 The Contractor shall supply to the Council of its obligations under the Contract. Subject to conditions 19.1 and 19.2 above, in no event shall either party be liable to the other for any: - loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; and/or loss of savings (whether anticipated or otherwise); and/or any indirect or consequential loss or damage The Council may, amongst other things, recover as a direct loss: - any additional operational and/or administrative expenses arising from the Provider's Default; any wasted expenditure or charges rendered unnecessary and/or incurred by the Council arising from the Provider’s Default; and the additional cost of procuring replacement services for the remainder of the period following termination of the Contract as a result of a Default by the Provider. Nothing in the Contract shall impose any liability on the Council in respect of any liability incurred by the Provider to any other person, but this shall not be taken to exclude or limit any liability of the Council to the Provider that may arise by virtue of either a breach of the Contract or by negligence on the part of the Council, or the Council's employees, servants or agents. In addition to the Provider’s specific insurance obligations set out in the Statement of Requirements, the Provider shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Provider, arising out of the Provider’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Provider. Such insurance shall be maintained for the Period of Contract and any Funded Placements awarded thereunder and for a minimum of six (6) years following the expiration or earlier termination of the Contract and any Funded Placements awarded thereunder. Without prejudice to the foregoing obligations, the Provider will comply with the stated requirements of the Council as set out in Schedule Part 8 (Insurance Requirements). The Provider shall give the Council, on request, immediately upon request copies of all insurance policies referred policies, cover notes, premium receipts and other documents necessary to in this condition 19 or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together comply with receipts or other evidence of payment of the latest premiums due under those policies. If, for whatever reason, the Provider fails to give effect to and maintain the insurances required by the provisions of the Contract the Council may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the ProviderCondition 10.