Common use of INSURANCE, INDEMNITY AND LIABILITY Clause in Contracts

INSURANCE, INDEMNITY AND LIABILITY. 24.1 The Provider shall at its own cost effect and maintain with a reputable insurance company a policy or policies of insurance providing as a minimum the following levels of cover: (a) public liability insurance with a limit of indemnity of not less than £5 million in relation to any one claim or series of claims; (b) employer's liability insurance with a limit of indemnity of not less than £10 million in relation to any one claim or series of claims; (c) professional indemnity insurance with a limit of indemnity of not less than £2 million in relation to any one claim or series of claims; and (d) any other insurances relevant to the delivery of the Services including but not limited to medical based activities that form part of the Services at an appropriate and adequate level of cover. (the Required Insurances). The cover shall be in respect of all risks which may be incurred by the Provider, arising out of the Provider's performance of the Agreement and Contracts, 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. 24.2 The Provider shall give the Framework User, on request, copies of all insurance policies referred to in this clause or a broker's verification of insurance to demonstrate that the Required Insurances are in place, together with receipts or other evidence of payment of the latest premiums due under those policies. 24.3 If, for whatever reason, the Provider fails to give effect to and maintain the Required Insurances, the Framework User may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider. 24.4 The Council may require the minimum values of the Required Insurances to be increased for the remainder of the Term by notice to the Provider in writing. Such a notice shall not be sent more than once each calendar year. 24.5 The terms of any insurance or the amount of cover shall not relieve the Provider of any liabilities under this Contract. 24.6 If for any period such insurance ceases to be available on commercially reasonable terms, the Provider shall forthwith inform the Framework User and shall obtain in respect of such period such reduced professional indemnity insurance cover as is available and as it would be fair and reasonable to expect the Provider to obtain and maintain in all the circumstances. 24.7 Any increased or additional premium required by insurers by reason of the Provider’s own claims record or other acts, omissions, matters or things particular to the Provider shall be deemed to be within commercially reasonable rates. 24.8 The Provider shall be liable for, and shall indemnify the Framework User against, any expense, liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death or any person whomsoever and/or any loss, injury or damage whatsoever to any property real or personal arising out of or in connection with the Services, except to the extent that the same is due to any negligent act or neglect of the Framework User or of any officer or representative of the Framework User. 24.9 Without affecting any other clauses in this Agreement that limit or exclude liability the Provider’s liability under or in connection with this Agreement shall be limited to £5 million pounds for each and every claim. This limit shall apply however that liability arises, including, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty. Provided that this clause 24.9 shall not exclude or limit the Provider’s liability for: (a) death or personal injury caused by the Provider or its Staff or Sub Contractors negligence; or (b) fraud or fraudulent misrepresentation 24.10 Without affecting any other clauses in this Agreement that limit or exclude liability the Council’s liability under or in connection with this Agreement shall be limited to five thousand pounds in the aggregate. This limit shall apply however that liability arises, including, a liability arising by breach of contract, arising by tort (including the tort of negligence) or arising by breach of statutory duty. Provided that this clause 24.10 shall not exclude or limit the Council’s liability for: (a) death or personal injury caused by the Council’s negligence; or (b) fraud or fraudulent misrepresentation 24.11 Where any Staff use private vehicles in the course of the provision of the Services the Provider shall ensure that such staff hold valid driving licences and have in place appropriate insurance cover.

INSURANCE, INDEMNITY AND LIABILITY. 24.1 The Provider (a) LESSOR shall procure and, at its own all times during the term of this Lease, maintain in full force and effect for the benefit of LESSOR and any mortgagee of LESSOR or other holder of any deed to secure debt, mortgage or similar security instrument encumbering the Premises (herein such security instruments are referred to individually as a "Deed to Secure Debt" and the holder thereof is sometimes referred to as a "mortgagee"), as their interest may appear, the following kinds of insurance on the Building and other improvements of which the Premises are a part, in the full amount of their replacement value: property insurance written on an "all-risk" basis inclusive of the perils commonly associated with the fire and extended coverage policy endorsements and rental insurance covering interruption in the payment of rents by reason of any insured casualty for a period of one year. (b) LESSEE, at LESSEE's sole cost effect and expense, shall obtain and maintain with a reputable for the entire term of this Lease insurance company a policy or policies of insurance providing as a minimum the following levels of covercoverage: (a1) public liability property insurance covering LESSEE's fixtures, equipment, furnishings, inventory, merchandise, improvements and betterments, and other contents in the Premises, for the full replacement value of said items; such coverage shall be written on an "all-risk" basis inclusive of the perils commonly associated with the fire and extended coverage policy endorsements; (ii) business interruption insurance with a minimum limit equal to LESSEE's annual rental expense; (iii) commercial general liability insurance including contractual liability insurance covering LESSEE's obligations under subparagraph 8(e) hereinbelow, with limits equal to or greater than One Million and No/100 dollars ($1,000,000) per occurrence and in the aggregate for property damage, personal injuries or bodily injury or death of indemnity persons occurring in or about the Premises; LESSEE shall include T. Rxxx Xxxce Realty Income Fund 1, a No-Load Limited Partnership, LaSalle Advisors Limited, LaSalle Partners Management Limited, and any other entity which LESSOR may reasonably designate, including the holder of not less than £5 million any Deed to Secure Debt covering the Premises, as additional insured on all such liability policies; (iv) workers' compensation insurance with limits as statutorily defined in relation to any one claim or series the State of claims; Georgia; (bv) employer's liability insurance with a limit of indemnity of limits not less than £10 million in relation to any one claim or series of claims; (c) professional indemnity insurance with a limit of indemnity of not less than £2 million in relation to any one claim or series of claims$100,000 for each accident, $500,000 for each disease - policy limit, and $100,000 each disease - each employee; and (d) any other insurances relevant to the delivery of the Services including but not limited to medical based activities that form part of the Services at an appropriate and adequate level of cover. (the Required Insurances). The cover shall be in respect of all risks which may be incurred by the Provider, arising out of the Provider's performance of the Agreement and Contracts, 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. 24.2 The Provider shall give the Framework User, on request, copies of all insurance policies referred to in this clause or a broker's verification of insurance to demonstrate that the Required Insurances are in place, together with receipts or other evidence of payment of the latest premiums due under those policies. 24.3 If, for whatever reason, the Provider fails to give effect to and maintain the Required Insurances, the Framework User may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider. 24.4 The Council may require the minimum values of the Required Insurances to be increased for the remainder of the Term by notice to the Provider in writing. Such a notice shall not be sent more than once each calendar year. 24.5 The terms of any insurance or the amount of cover shall not relieve the Provider of any liabilities under this Contract. 24.6 If for any period such insurance ceases to be available on commercially reasonable terms, the Provider shall forthwith inform the Framework User and shall obtain in respect of such period such reduced professional indemnity insurance cover as is available and as it would be fair and reasonable to expect the Provider to obtain and maintain in all the circumstances. 24.7 Any increased or additional premium required by insurers by reason of the Provider’s own claims record or other acts, omissions, matters or things particular to the Provider shall be deemed to be within commercially reasonable rates. 24.8 The Provider shall be liable for, and shall indemnify the Framework User against, any expense, liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death or any person whomsoever and/or any loss, injury or damage whatsoever to any property real or personal arising out of or in connection with the Services, except to the extent that the same is due to any negligent act or neglect of the Framework User or of any officer or representative of the Framework User. 24.9 Without affecting any other clauses in this Agreement that limit or exclude liability the Provider’s liability under or in connection with this Agreement shall be limited to £5 million pounds for each and every claim. This limit shall apply however that liability arises, including, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty. Provided that this clause 24.9 shall not exclude or limit the Provider’s liability for: (a) death or personal injury caused by the Provider or its Staff or Sub Contractors negligence; or (b) fraud or fraudulent misrepresentation 24.10 Without affecting any other clauses in this Agreement that limit or exclude liability the Council’s liability under or in connection with this Agreement shall be limited to five thousand pounds in the aggregate. This limit shall apply however that liability arises, including, a liability arising by breach of contract, arising by tort (including the tort of negligence) or arising by breach of statutory duty. Provided that this clause 24.10 shall not exclude or limit the Council’s liability for: (a) death or personal injury caused by the Council’s negligence; or (b) fraud or fraudulent misrepresentation 24.11 Where any Staff use private vehicles in the course of the provision of the Services the Provider shall ensure that such staff hold valid driving licences and have in place appropriate insurance cover.

INSURANCE, INDEMNITY AND LIABILITY. 24.1 23.1 The Provider shall at its own cost effect and maintain with a reputable insurance company a policy or policies of insurance providing as a minimum the following levels of cover: (a) public liability insurance with a limit of indemnity of not less than £5 million in relation to any one claim or series of claims; (b) employer's liability insurance with a limit of indemnity of not less than £10 million in relation to any one claim or series of claims; (c) professional indemnity insurance with a limit of indemnity of not less than £2 million in relation to any one claim or series of claims; and (d) any other insurances relevant to the delivery of the Services including but not limited to medical based activities that form part of the Services at an appropriate and adequate level of cover. (the Required Insurances). The cover shall be in respect of all risks which may be incurred by the Provider, arising out of the Provider's performance of the Agreement and Contracts, 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. 24.2 23.2 The Provider shall give the Framework User, on request, copies of all insurance policies referred to in this clause or a broker's verification of insurance to demonstrate that the Required Insurances are in place, together with receipts or other evidence of payment of the latest premiums due under those policies. 24.3 23.3 If, for whatever reason, the Provider fails to give effect to and maintain the Required Insurances, the Framework User may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider. 24.4 23.4 The Council may require the minimum values of the Required Insurances to be increased for the remainder of the Term by notice to the Provider in writing. Such a notice shall not be sent more than once each calendar year. 24.5 23.5 The terms of any insurance or the amount of cover shall not relieve the Provider of any liabilities under this Contract. 24.6 23.6 If for any period such insurance ceases to be available on commercially reasonable terms, the Provider shall forthwith inform the Framework User and shall obtain in respect of such period such reduced professional indemnity insurance cover as is available and as it would be fair and reasonable to expect the Provider to obtain and maintain in all the circumstances. 24.7 23.7 Any increased or additional premium required by insurers by reason of the Provider’s own claims record or other acts, omissions, matters or things particular to the Provider shall be deemed to be within commercially reasonable rates. 24.8 23.8 The Provider shall be liable for, and shall indemnify the Framework User against, any expense, liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death or any person whomsoever and/or any loss, injury or damage whatsoever to any property real or personal arising out of or in connection with the Services, except to the extent that the same is due to any negligent act or neglect of the Framework User or of any officer or representative of the Framework User. 24.9 23.9 Without affecting any other clauses in this Agreement that limit or exclude liability the Provider’s liability under or in connection with this Agreement shall be limited to £5 million pounds for each and every claim. This limit shall apply however that liability arises, including, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty. Provided that this clause 24.9 23.9 shall not exclude or limit the Provider’s liability for: (a) 23.9.1 death or personal injury caused by the Provider or its Staff or Sub Contractors negligence; or (b) 23.9.2 fraud or fraudulent misrepresentation 24.10 23.10 Without affecting any other clauses in this Agreement that limit or exclude liability the Council’s liability under or in connection with this Agreement shall be limited to five thousand pounds in the aggregate. This limit shall apply however that liability arises, including, a liability arising by breach of contract, arising by tort (including the tort of negligence) or arising by breach of statutory duty. Provided that this clause 24.10 23.10 shall not exclude or limit the Council’s liability for: (a) 23.10.1 death or personal injury caused by the Council’s negligence; or (b) 23.10.2 fraud or fraudulent misrepresentation 24.11 23.11 Where any Staff use private vehicles in the course of the provision of the Services the Provider shall ensure that such staff hold valid driving licences and have in place appropriate insurance cover.