Common use of Indemnity by the Contractor Clause in Contracts

Indemnity by the Contractor. 23.1 The Department accepts no liability for injuries suffered by students, Assisted Travel Support Officers, Personnel or any other person, during the provision of the Service. The Contractor will be liable in respect of and indemnifies and shall keep indemnified the Department, the NSW Government, their officers, employees and agents against any claim, loss or expense or damages (including a claim or demand, loss or expense or damages arising out of personal injury or death or damage to property) which any of them pays, suffers, incurs or is liable for (including legal costs on a solicitor and client basis) (together "the loss") as a result of any act or omission of the Contractor or its Personnel in performing the Services and the Contractor hereby agrees to release and discharge the Department from any actions, proceedings, claims or demands which, but for this provision, might be brought against or upon the Department. The amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by the Department, the NSW Government, their officers, employees and agents in respect of any such loss, damage or injury shall be made good at the Contractor's expense and may (in the first instance) be deducted from any monies due or becoming due to the Contractor with any balance being sued for as a debt.

Appears in 2 contracts

Samples: Agreement, Agreement

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Indemnity by the Contractor. 23.1 23.1. The Department accepts no liability for injuries suffered by students, Assisted Travel Support Officers, Personnel or any other person, during the provision of the Service. The Contractor will be liable in respect of and indemnifies and shall keep indemnified the Department, the NSW Government, their officers, employees and agents against any claim, loss or expense or damages (including a claim or demand, loss or expense or damages arising out of personal injury or death or damage to property) which any of them pays, suffers, incurs or is liable for (including legal costs on a solicitor and client basis) (together "the loss") as a result of any act or omission of the Contractor or its Personnel in performing the Services and the Contractor hereby agrees to release and discharge the Department from any actions, proceedings, claims or demands which, but for this provision, might be brought against or upon the Department. The amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by the Department, the NSW Government, their officers, employees and agents in respect of any such loss, damage or injury shall be made good at the Contractor's expense and may (in the first instance) be deducted from any monies due or becoming due to the Contractor with any balance being sued for as a debt.

Appears in 2 contracts

Samples: Agreement, Agreement

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