INSURANCE AND LIABILITIES. 26.1 The Parties agree that the general principle in this Agreement is that although the Lead Force is leading the Programme, any Liabilities incurred by the Lead Force in relation to the Programme should rest with the Parties to this Agreement and should, unless such Liability is covered by insurance, be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share in the manner set out in this clause 26. 26.2 Save where set out elsewhere in this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability). 26.3 To the extent that the Policing Bodies and the Additional Parties have agreed to share in the Liability pursuant to clause 26.2, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force. 26.4 Each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement in accordance with the Agreed Liability Share (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability). 26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss. 26.6 Subject to clauses 26.1, 26.2, 26.4 and 26.7 where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties against all Liabilities incurred by the other Parties as a result of the Defaulting Party’s negligence, acts or omissions or breach of its obligations under this Agreement. 26.7 A Defaulting Party shall not be liable under clause 26.6 where its negligence, acts or omissions or breach of its obligations under this Agreement were carried out with the approval, or under the instruction, of the Senior Responsible Officer or one of the Governance Boards in which case each Policing Body and each Additional Party shall, subject to clause 26.6 share in the Liability in accordance with the Agreed Liability Share. 26.8 Each Party shall determine whether it needs to take out insurance to cover its Liabilities under this Agreement, provided that a decision by a Party not to take out insurances shall not relieve a Party of its obligations or Liabilities under this Agreement. If the Lead Force takes out in insurance specifically to cover its obligations in this Agreement, the cost of taking out such insurance shall, to the extent it is not covered under the Grant, be split between the Policing Bodies and the Additional Parties in accordance with the Agreed Liability Share. 26.9 Subject to clause 26.11 and the remaining provisions of this clause 26, all employers liability claims, employment tribunal claims, claims brought pursuant to statute or otherwise, raised by or against police officers or police staff/staff working within the Programme will be dealt with by their appointing/employing Chief Constables (unless otherwise agreed) or where statute dictates otherwise. 26.10 In respect of inquests, judicial review, complaints, grievances, conduct issues or other court proceedings arising from joint working under this Agreement or the Programme, the Strategic Oversight Board will agree the way in which those matters will be handled on a case-by-case basis. 26.11 The costs of handling any claims shall be dealt with in accordance with the same principles as are agreed set out under this clause 26. 26.12 The Parties to this Agreement shall provide all reasonable support, co-operation, information and assistance that any other Party may require in handling, disposing or dealing with a claim in a timely manner. 26.13 The Lead Force shall notify the other Parties of any Liabilities arising under this Agreement as soon as reasonably practicable. 26.14 This clause 26 shall survive termination of this Agreement.
Appears in 5 contracts
Samples: Collaboration Agreement, Collaboration Agreement, Collaboration Agreement
INSURANCE AND LIABILITIES. 26.1 The Parties agree that the general principle in this Agreement is that although the Lead Force is leading the Programme, any Liabilities incurred by the Lead Force in relation to the Programme should rest with the Parties to this Agreement and should, unless such Liability is covered by insurance, be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share in the manner set out in this clause 26.
26.2 Save where set out elsewhere in this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.3 To Subject to clause 26.8, to the extent that the Policing Bodies and the Additional Parties have agreed to share in the Liability pursuant to clause 26.2, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force.
26.4 Each Subject to clause 26.8, each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement in accordance with the Agreed Liability Share (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss.
26.6 Subject to clauses 26.1, 26.2, 26.4 26.7 and 26.7 26.8, where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties against all Liabilities incurred by the other Parties as a result of the Defaulting Party’s negligence, acts or omissions or breach of its obligations under this Agreement.
26.7 A Defaulting Party shall not be liable under clause 26.6 where its negligence, acts or omissions or breach of its obligations under this Agreement were carried out with the approval, or under the instruction, of the Senior Responsible Officer or one of the Governance Boards in which case each Policing Body and each Additional Party shall, subject to clause 26.6 26.8 share in the Liability in accordance with the Agreed Liability Share.
26.8 Each Party shall determine whether it needs Where the National Crime Agency is required to take out insurance to cover its Liabilities under this Agreement, provided that a decision by indemnify a Party not to take out insurances shall not relieve a Party of its obligations or Liabilities under this Agreement. If the Lead Force takes out in insurance specifically to cover its obligations in this Agreement, the cost liability of taking out such insurance shall, the National Crime Agency shall be limited per indemnity claim and in aggregate for all indemnities (as applicable) to the extent it amount set out in the Parliamentary Minute March 2018 attached at Schedule 12 (Parliamentary Minute for NCA). If such limitation on liability means that the Lead Force is not covered under the Grantfully compensated for its Liabilities, be split between the Policing Bodies Polices and the Additional Parties (save for the National Crime Agency) shall indemnify the Lead Force for any Liabilities which should have been for the account of the National Crime Agency but for this clause 26.8, in accordance proportion to the Agreed Liability Share (but proportionately adjusted to take account of the fact that the National Crime Agency shall not be sharing in such liability in excess of its cap and with the Agreed Liability ShareShare equalling 100%).
26.9 Save where a Party self-insures, each Party shall ensure that it has adequate insurance in place (including but not limited to public liability insurance), and shall provide evidence of such insurance to the Lead Force on request. This includes the loss of personal injury to persons undertaking activities in furtherance of the Programme.
26.10 The Lead Force shall ensure that it has adequate insurance in place to cover the activities under this Agreement.
26.11 Subject to clause 26.11 26.13 and the remaining provisions of this clause 26above, all employers liability claims, employment tribunal claims, claims brought pursuant to statute or otherwise, raised by or against police officers or police staff/staff working within the Programme will be dealt with by their appointing/employing Chief Constables (unless otherwise agreed) or where statute dictates otherwise. Where this clause 26.11 refers to police officers and police staff, for the avoidance of doubt, this shall also include any officers and/or staff of the National Crime Agency.
26.10 26.12 In respect of inquests, judicial review, complaints, grievances, conduct issues or other court proceedings arising from joint working under this Agreement or the Programme, the Strategic Oversight Board will agree the way in which those matters will be handled on a case-by-case basis.
26.11 26.13 The costs of handling any claims shall be dealt with in accordance with the same principles as are agreed set out under this clause 26.
26.12 26.14 The Parties to this Agreement shall provide all reasonable support, co-operation, information and assistance that any other Party may require in handling, disposing or dealing with a claim in a timely manner.
26.13 26.15 The Lead Force shall notify the other Parties of any Liabilities arising under this Agreement as soon as reasonably practicable.
26.14 26.16 This clause 26 shall survive termination of this Agreement.
Appears in 2 contracts
INSURANCE AND LIABILITIES. 26.1 The Parties agree that the general principle in this Agreement is that although the Lead Force is leading the Programme, any Liabilities incurred by the Lead Force in relation to the Programme should rest with the Parties to this Agreement and should, unless such Liability is covered by insurance, be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share in the manner set out in this clause 26.
26.2 Save where set out elsewhere in this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.3 To Subject to clause 26.8, to the extent that the Policing Bodies and the Additional Parties have agreed to share in the Liability pursuant to clause 26.2, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force.
26.4 Each Subject to clause 26.8, each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement in accordance with the Agreed Liability Share (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss.
26.6 Subject to clauses 26.1, 26.2, 26.4 26.7 and 26.7 26.8, where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties against all Liabilities incurred by the other Parties as a result of the Defaulting Party’s negligence, acts or omissions or breach of its obligations under this Agreement.
26.7 A Defaulting Party shall not be liable under clause 26.6 where its negligence, acts or omissions or breach of its obligations under this Agreement were carried out with the approval, or under the instruction, of the Senior Responsible Officer or one of the Governance Boards in which case each Policing Body and each Additional Party shall, subject to clause 26.6 26.8 share in the Liability in accordance with the Agreed Liability Share.
26.8 Each Party shall determine whether it needs Where the National Crime Agency is required to take out insurance to cover its Liabilities under this Agreement, provided that a decision by indemnify a Party not to take out insurances shall not relieve a Party of its obligations or Liabilities under this Agreement. If the Lead Force takes out in insurance specifically to cover its obligations in this Agreement, the cost liability of taking out such insurance shall, the National Crime Agency shall be limited per indemnity claim and in aggregate for all indemnities (as applicable) to the extent it amount set out in the Parliamentary Minute March 2018 attached at Schedule 12 (Parliamentary Minute for NCA). If such limitation on liability means that the Lead Force is not covered under the Grantfully compensated for its Liabilities, be split between the Policing Bodies Polices and the Additional Parties (save for the National Crime Agency) shall indemnify the Lead Force for any Liabilities which should have been for the account of the National Crime Agency but for this clause 26.8, in accordance proportion to the Agreed Liability Share (but proportionately adjusted to take account of the fact that the National Crime Agency shall not be sharing in such liability in excess of its cap and with the Agreed Liability ShareShare equalling 100%).
26.9 Save where a Party self-insures, each Party shall ensure that it has adequate insurance in place (including but not limited to public liability insurance), and shall provide evidence of such insurance to the Lead Force on request.
26.10 The Lead Force shall ensure that it has adequate insurance in place to cover the activities under this Agreement.
26.11 Subject to clause 26.11 26.13 and the remaining provisions of this clause 26above, all employers liability claims, employment tribunal claims, claims brought pursuant to statute or otherwise, raised by or against police officers or police staff/staff working within the Programme will be dealt with by their appointing/employing Chief Constables (unless otherwise agreed) or where statute dictates otherwise. Where this clause 26.11 refers to police officers and police staff, for the avoidance of doubt, this shall also include any officers and/or staff of the National Crime Agency.
26.10 26.12 In respect of inquests, judicial review, complaints, grievances, conduct issues or other court proceedings arising from joint working under this Agreement or the Programme, the Strategic Oversight Board will agree the way in which those matters will be handled on a case-by-case basis.
26.11 26.13 The costs of handling any claims shall be dealt with in accordance with the same principles as are agreed set out under this clause 26.
26.12 26.14 The Parties to this Agreement shall provide all reasonable support, co-operation, information and assistance that any other Party may require in handling, disposing or dealing with a claim in a timely manner.
26.13 26.15 The Lead Force shall notify the other Parties of any Liabilities arising under this Agreement as soon as reasonably practicable.
26.14 26.16 This clause 26 shall survive termination of this Agreement.
Appears in 1 contract
Samples: Collaboration Agreement
INSURANCE AND LIABILITIES. 26.1 The Parties agree that the general principle in this Agreement is that although the Lead Force is leading the Programme, any Liabilities incurred by the Lead Force in relation to the Programme should rest with the Parties to this Agreement Lessor and should, unless such Liability is covered by insurance, be shared between the Policing Bodies its employees and the Additional Parties in proportion to the Agreed Liability Share in the manner set out in this clause 26.
26.2 Save where set out elsewhere in this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.3 To the extent that the Policing Bodies and the Additional Parties have agreed to share in the Liability pursuant to clause 26.2, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force.
26.4 Each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement in accordance with the Agreed Liability Share (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss.
26.6 Subject to clauses 26.1, 26.2, 26.4 and 26.7 where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties against all Liabilities incurred by the other Parties as a result of the Defaulting Party’s negligence, acts or omissions or breach of its obligations under this Agreement.
26.7 A Defaulting Party agents shall not be liable under clause 26.6 where to Lessee or to Lessee's employees, agents customers and invitees, or to any other persons for any injury to such persons or for any damage to personal property caused by an act, omission, or neglect of Lessee is a part. Lessee agrees to indemnify and hold Lessor and its negligenceemployees and its agents harmless from any and all claims for such injury and damages, acts whether the injury occurs on or omissions off premises. 2 Lessee agrees during the term hereof to carry a broad form comprehensive policy of public liability insurance covering the Demised Premises in an amount of not less than $500,000 combined single limit personal injury and property damage insurance with companies satisfactory to Lessor in the name of Lessee (with Lessor and manager, and, if requested by Lessor, any mortgagee, trust deed holder, ground lessor or breach secured party with a substantial interest in this Lease and/or the building named as additional insurers in the policy or by endorsement). Lessee also agrees to pay the premiums therefore and to deliver copies of its obligations under this Agreement were carried out said policies and/or endorsements thereto to Lessor, and the failure of Lessee to either obtain said insurance or deliver copies of said policies or certificates thereof to Lessor shall permit Lessor to procure said insurance and pay the requisite premiums therefor, which premiums shall be repayable to Lessor with the approval, or next monthly rental payment. Each insurer under the instructionpolicies required hereunder shall agree by endorsement on the policy issued by it or by independent instrument furnished to Lessor that will give Lessor no less than ten (10) days written notice before the policy or policies in question shall be altered or canceled. All such insurance policies shall be primary, noncontributing and shall contain cross-liability coverage or an endorsement. The amounts of such insurance required hereunder shall be subject to adjustment from time to time as requested by Lessor based upon Lessor's determination as to the amounts of such insurance generally required at such time for comparable tenants, premises and buildings in the general geographical location of the Property or as requested by any ground lessor or lender with an interest in the Property or property on which the Property is situated. Lessor shall, during the term of this Lease, procure and keep in force the following insurance:
(i) all risk" property insurance, including, without limitation, boiler and machinery (if applicable); (ii) sprinkler damage; (iii) vandalism, malicious mischief; and (iv) demolition. Such insurance shall be in the full amount of the replacement cost of the Land and/or the Building in which the Leased Premises are situated, and Lessee's improvements and alterations with reasonable deductible amounts. Such insurance shall also include rental income insurance as may be required by any mortgagee or any mortgage covering the Leased Premises, including that one hundred percent (100%) of the rent (as the same may be adjusted hereunder) will be paid to Lessor for a period of up to twelve (12) months if the Leased Premises are destroyed or damaged. Further, Lessor shall procure comprehensive general liability (Lessors Risk) insurance against any and all claims for bodily injury, death or property damage occurring in or about the Leased Premises, the Land or the Building. Such insurance shall have a combined single limit of not less than five hundred thousand dollars ($500,000) and such other insurance as Lessor reasonably deems necessary and prudent. It is understood that such insurance shall not cover Lessee's equipment, trade fixtures, inventory fixtures or personal property located in the Leased Premises. All such policies shall contain an express waiver, in favor of Lessee, of any right of subrogation by the Senior Responsible Officer or one of the Governance Boards in which case each Policing Body and each Additional Party shall, subject to clause 26.6 share in the Liability in accordance with the Agreed Liability Shareinsurer.
26.8 Each Party shall determine whether it needs to take out insurance to cover its Liabilities under this Agreement, provided that a decision by a Party not to take out insurances shall not relieve a Party of its obligations or Liabilities under this Agreement. If the Lead Force takes out in insurance specifically to cover its obligations in this Agreement, the cost of taking out such insurance shall, to the extent it is not covered under the Grant, be split between the Policing Bodies and the Additional Parties in accordance with the Agreed Liability Share.
26.9 Subject to clause 26.11 and the remaining provisions of this clause 26, all employers liability claims, employment tribunal claims, claims brought pursuant to statute or otherwise, raised by or against police officers or police staff/staff working within the Programme will be dealt with by their appointing/employing Chief Constables (unless otherwise agreed) or where statute dictates otherwise.
26.10 In respect of inquests, judicial review, complaints, grievances, conduct issues or other court proceedings arising from joint working under this Agreement or the Programme, the Strategic Oversight Board will agree the way in which those matters will be handled on a case-by-case basis.
26.11 The costs of handling any claims shall be dealt with in accordance with the same principles as are agreed set out under this clause 26.
26.12 The Parties to this Agreement shall provide all reasonable support, co-operation, information and assistance that any other Party may require in handling, disposing or dealing with a claim in a timely manner.
26.13 The Lead Force shall notify the other Parties of any Liabilities arising under this Agreement as soon as reasonably practicable.
26.14 This clause 26 shall survive termination of this Agreement.
Appears in 1 contract
INSURANCE AND LIABILITIES. 26.1 The 17.1 It is agreed by the Parties that legal liability shall be determined in accordance with the following:
17.1.1 Unless the Parties agree that the general principle in this Agreement is that although the Lead Force is leading the Programmeotherwise, any Liabilities incurred all claims will be initially assessed by the Lead Host Force, and the other Parties agree to promptly notify the Host Force if they receive any claims in relation to this Agreement.
17.1.2 the Programme should rest Host Force will make an early assessment of the claim in accordance with the Parties WMROCU’s Insurer’s claim handling agreements and provide details of all claims to this Agreement the WMROCU’s Insurer;
17.1.3 It is agreed that if a claim relates solely to one Force, then that claim will be processed in line with the WMROCU’s Insurer’s claims handling process and shouldall costs incurred up to the policy excess will be settled by the responsible Force and no other party;
17.1.4 Any claims relating to joint working will be dealt with in accordance with clauses 11.2 and 17.2;
17.1.5 Any claims relating to any direction and control matters will be processed by the Host Force whose ACC is the Senior Responsible Officer for WMROCU. All other Forces will be notified of such claims, unless such Liability is covered by insurance, be shared between the Policing Bodies and the Additional Parties in proportion Host Force will notify WMROCU’s Insurer who will process these claims accordingly. The other Forces will then reimburse the Host Force for all liability and costs incurred up to the Agreed Liability Share in the manner set out in this clause 26.
26.2 Save where set out elsewhere in this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.3 To the extent that the Policing Bodies and the Additional Parties have agreed to share in the Liability pursuant to clause 26.2, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force.
26.4 Each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement policy excess in accordance with the Agreed Liability Share (including where such Liability has arisen out Costs Proportions;
17.1.6 In all instances, the Parties agree that a Force handling any claim can expect to receive from all other Forces prompt and comprehensive assistance, in terms of providing witness statements, documentation, if required attendance at court to support the breach, negligent act or negligent omission or defence of any proceedings and any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies reasonable assistance, support and procedures in which case the Lead Force shall be solely liable for such Liability)co-operation.
26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss.
26.6 Subject to clauses 26.1, 26.2, 26.4 and 26.7 where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties against all Liabilities incurred by the other Parties as a result of the Defaulting Party’s negligence, acts or omissions or breach of its obligations under this Agreement.
26.7 A Defaulting Party shall not be liable under clause 26.6 where its negligence, acts or omissions or breach of its obligations under this Agreement were carried out with the approval, or under the instruction, of the Senior Responsible Officer or one of the Governance Boards in which case each Policing Body and each Additional Party shall, subject to clause 26.6 share in the Liability in accordance with the Agreed Liability Share.
26.8 Each Party shall determine whether it needs to take out insurance to cover its Liabilities under this Agreement, provided that a decision by a Party not to take out insurances shall not relieve a Party of its obligations or Liabilities under this Agreement. If the Lead Force takes out in insurance specifically to cover its obligations in this Agreement, the cost of taking out such insurance shall, to the extent it is not covered under the Grant, be split between the Policing Bodies and the Additional Parties in accordance with the Agreed Liability Share.
26.9 Subject to clause 26.11 and the remaining provisions of this clause 26, all employers liability claims, employment tribunal claims, claims brought pursuant to statute or otherwise, raised by or against police officers or police staff/staff working within the Programme will be dealt with by their appointing/employing Chief Constables (unless otherwise agreed) or where statute dictates otherwise.
26.10 17.2 In respect of inquestsuninsured losses not insured by the insurance policy, judicial review, complaints, grievances, grievances or conduct issues or other court proceedings arising arise from joint working under this Agreement or the Programmeworking, the Strategic Oversight Board relevant Parties will agree the way in which those matters will be handled on a case-by-case by case basis.
26.11 The costs of handling any claims 17.3 Insurance shall be dealt with determined in accordance with the same principles as are agreed set out under this clause 26policy wording, policy schedule and insurance certificate for the relevant insurance valid at that time.
26.12 The Parties to this Agreement shall provide all reasonable support, co-operation, information 17.4 Disputes will be resolved in line with the policy terms and assistance that any other Party may require in handling, disposing or dealing with a claim in a timely mannerconditions.
26.13 The Lead Force shall notify the other Parties of any Liabilities arising under this Agreement as soon as reasonably practicable.
26.14 This clause 26 shall survive termination of this Agreement.
Appears in 1 contract
Samples: Collaboration Agreement
INSURANCE AND LIABILITIES. 26.1 24.1 The Parties agree that Provider shall put in place and maintain the general principle in this Agreement is that although insurances listed below with the Lead Force is leading following levels of cover:-
24.1.1 employer’s liability insurance with a limit of indemnity of not less than £5,000,000.00 (five million pounds) and not less than the Programme, any Liabilities incurred by the Lead Force statutory minimum;
24.1.2 public liability insurance with a limit of indemnity of not less than £5,000,000.00 (five million pounds) in relation to any one claim or series of claims;
24.1.3 professional indemnity insurance with a limit of indemnity of not less than £1,000,000.00 (one million pounds) in relation to any one claim or series of claims or medical malpractice insurance which includes this level of insurance; and shall ensure that all consultants and Sub-Contractors engaged by the Programme should rest with Provider to provide any element of the Parties to this Agreement Services hold and should, unless such Liability is covered by insurance, be shared between the Policing Bodies and the Additional Parties in proportion maintain appropriate levels of insurance cover.
24.2 The Provider’s total liability to the Agreed Liability Share in Commissioner shall be limited to the manner insurance levels set out in this clause 2624.1 above.
26.2 Save where set out elsewhere 24.3 The Provider shall prior to the Commencement Date and on each anniversary of the Commencement Date, provide details of such insurances to the reasonable satisfaction of the Authorised Officer and ensure that all premiums relating to such insurances have been paid.
24.4 The Provider shall be liable to make good any deficiency in the event that the proceeds of any insurance are insufficient to cover the settlement of any claim relating to this Agreement, in respect of any Liabilities arising in relation to the Programme or this Agreement which are not covered by insurance and are incurred by the Lead Force, each Policing Body and each Additional Party shall indemnify the Lead Force in respect of all Liabilities arising in connection with this Agreement and any actions undertaken by the Lead Force in connection with this Agreement (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.3 To the extent 24.5 The Provider warrants that the Policing Bodies it shall not take any action or fail to take any reasonable action or (in so far as it is reasonable and the Additional Parties have agreed within its power) permit or allow others to share in the Liability pursuant take or fail to clause 26.2take any action, this Liability shall be shared between the Policing Bodies and the Additional Parties in proportion to the Agreed Liability Share. For the avoidance of doubt, the Lead Force shall share in the Liabilities under this Agreement in proportion to the Agreed Liability Share for the Lead Force.
26.4 Each Policing Body and each Additional Party shall indemnify the Lead Force for any Liabilities which the Lead Force incurs in relation to the Grant Agreement in accordance with the Agreed Liability Share (including where such Liability has arisen out of the breach, negligent act or negligent omission or any other act or omission on the part of the Lead Force but not where the Lead Force has failed to comply with its own policies and procedures in which case the Lead Force shall be solely liable for such Liability).
26.5 Nothing in this clause 26 shall limit the Parties’ duty to mitigate their loss.
26.6 Subject to clauses 26.1, 26.2, 26.4 and 26.7 where a Party is in breach of the provisions of this Agreement or has been negligent or has carried out an act or omission (the “Defaulting Party”) that Defaulting Party shall indemnify the other Parties against all Liabilities incurred by the other Parties as a result of which any insurances put in place pursuant to clause 24.1 may be rendered void, voidable, unenforceable, or be suspended or impaired in whole or in part, or which may otherwise render any sum paid out under such insurance repayable in whole or in part.
24.6 The Provider shall continue to maintain appropriate insurances for a period of 6 years from expiry or earlier termination of this Agreement to cover any ongoing liability it has or may have in negligence to any Service User and/or the Defaulting Party’s negligence, acts or omissions or breach Commissioner arising out of its obligations under care and treatment received by a Service User in the provision of the Services pursuant to this Agreement.
26.7 A Defaulting 24.7 In connection with the Services, and unless otherwise agreed by the Commissioner and the Provider, the Provider shall not require, and shall ensure that no other person shall require, any Service User to sign any document whatsoever containing any waiver of the Provider’s liability (other than a waiver in reasonable terms relating to personal property) to that Service User.
24.8 Neither Party shall seeks to exclude or limit its liability for:
24.8.1 death or personal injury caused by its negligence (but will not be liable under clause 26.6 where its for death or personal injury caused by the other Party’s negligence);
24.8.2 fraudulent misrepresentation;
24.8.3 any actual or alleged infringement of a third party’s intellectual property rights; or
24.8.4 any other matter in respect of which, acts as a matter of law, liability cannot be excluded or omissions or breach of its obligations under this Agreement were carried out with the approval, or under the instruction, of the Senior Responsible Officer or one of the Governance Boards in which case each Policing Body and each Additional Party shall, subject to clause 26.6 share in the Liability in accordance with the Agreed Liability Sharelimited.
26.8 Each 24.9 Except where specifically provided, neither Party shall determine whether it needs to take out insurance to cover its Liabilities under this Agreement, provided that a decision by a Party not to take out insurances shall not relieve a Party of its obligations or Liabilities under this Agreement. If the Lead Force takes out in insurance specifically to cover its obligations in this Agreement, the cost of taking out such insurance shall, be liable to the extent it is not covered under the Grant, be split between the Policing Bodies other for any indirect or consequential loss (including loss of profit and the Additional Parties in accordance with the Agreed Liability Sharepure economic loss) however caused.
26.9 Subject to clause 26.11 and the remaining provisions of this clause 26, all employers liability claims, employment tribunal claims, claims brought pursuant to statute or otherwise, raised by or against police officers or police staff/staff working within the Programme will be dealt with by their appointing/employing Chief Constables (unless otherwise agreed) or where statute dictates otherwise.
26.10 In respect of inquests, judicial review, complaints, grievances, conduct issues or other court proceedings arising from joint working under this Agreement or the Programme, the Strategic Oversight Board will agree the way in which those matters will be handled on a case-by-case basis.
26.11 The costs of handling any claims shall be dealt with in accordance with the same principles as are agreed set out under this clause 26.
26.12 The Parties to this Agreement shall provide all reasonable support, co-operation, information and assistance that any other Party may require in handling, disposing or dealing with a claim in a timely manner.
26.13 The Lead Force shall notify the other Parties of any Liabilities arising under this Agreement as soon as reasonably practicable.
26.14 This clause 26 shall survive termination of this Agreement.
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