Liabilities and Insurance. 12.1 Neither party excludes or limits liability to the other party for: 12.1.1 fraud or fraudulent misrepresentation; 12.1.2 death or personal injury caused by negligence; 12.1.3 a 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; or 12.1.4 any matter for which it would be unlawful for the parties to exclude liability. 12.2 Subject to clause 12.1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for: 12.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill; 12.2.2 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or 12.2.3 any loss or liability (whether direct or indirect) under or in relation to any other contract. 12.3 Subject to clause 12.1 and except in relation to the indemnity contained in clause 16.3, the parties’ total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall be limited to the total Charges payable during the 12 months immediately preceding the date on which the claim arose or, if the claim arose during the first twelve months of this agreement being in force, the Charges payable during the first twelve months of this agreement.
Appears in 4 contracts
Samples: Apprenticeship Training Services Agreement, Apprenticeship Training Services Agreement, Apprenticeship Training Agreement
Liabilities and Insurance. 12.1 Neither party excludes or limits liability to the other party for:
12.1.1 fraud or fraudulent misrepresentation;
12.1.2 death or personal injury caused by negligence;
12.1.3 a 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; or
12.1.4 any matter for which it would be unlawful for the parties to exclude liability.
12.2 Subject to clause 12.1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
12.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
12.2.2 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
12.2.3 any loss or liability (whether direct or indirect) under or in relation to any other contractcontract with the exception of an Employer Agreement.
12.3 Subject to clause 12.1 and except in relation to the indemnity contained in clause 16.3clauses 16.3 and/or 17, the parties’ total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall be limited to the total Charges Fees payable during the 12 months immediately preceding the date on which the claim arose or, if the claim arose during the first twelve months of this agreement being in force, the Charges Fees payable during the first twelve months of this agreement.
Appears in 2 contracts
Samples: Subcontract for Training Services, Apprenticeship Agreement
Liabilities and Insurance. 12.1 Neither party excludes or limits liability to the other party for:
12.1.1 fraud or fraudulent misrepresentation;
12.1.2 death or personal injury caused by negligence;
12.1.3 a 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 1982Xxx 0000; or
12.1.4 any matter for which it would be unlawful for the parties to exclude liability.
12.2 Subject to clause 12.1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
12.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
12.2.2 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
12.2.3 any loss or liability (whether direct or indirect) under or in relation to any other contract.
12.3 Subject to clause 12.1 and except in relation to the indemnity contained in clause 16.3, the parties’ total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall be limited to the total Charges payable during the 12 months immediately preceding the date on which the claim arose or, if the claim arose during the first twelve months of this agreement being in force, the Charges payable during the first twelve months of this agreement.
Appears in 2 contracts
Samples: Apprenticeship Training Services Agreement, Apprenticeship Training Services Agreement
Liabilities and Insurance. 12.1 Neither party excludes or limits liability to the other party for:
12.1.1 fraud or fraudulent misrepresentation;.
12.1.2 death or personal injury caused by negligence;.
12.1.3 a 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 1982Xxx 0000; or
12.1.4 any matter for which it would be unlawful for the parties to exclude liability.
12.2 Subject to clause 12.1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
12.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;.
12.2.2 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
12.2.3 any loss or liability (whether direct or indirect) under or in relation to any other contract.
12.3 Subject to clause 12.1 and except in relation to the indemnity contained in clause 16.3, the parties’ total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall be limited to the total Charges payable during the 12 months immediately preceding the date on which the claim arose or, if the claim arose during the first twelve months of this agreement being in force, the Charges payable during the first twelve months of this agreement.
Appears in 1 contract
Samples: Service Level Agreement
Liabilities and Insurance. 12.1 Neither party excludes or limits liability to the other party for:
12.1.1 fraud or fraudulent misrepresentation;
12.1.2 death or personal injury caused by negligence;
12.1.3 a 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 1982Xxx 0000; or
12.1.4 any matter for which it would be unlawful for the parties to exclude liability.
12.2 Subject to clause 12.1, neither party shall in any circumstances be liable to the other whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:
12.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;
12.2.2 loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time); or
12.2.3 any loss or liability (whether direct or indirect) under or in relation to any other contract.
12.3 Subject to clause 12.1 and except in relation to the indemnity contained in clause 16.3, the parties’ total aggregate liability in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement or any collateral contract shall be limited to the total Charges payable during the 12 twelve (12) months immediately preceding the date on which the claim arose or, if the claim arose during the first twelve months of this agreement being in force, the Charges payable during the first twelve months of this agreement.
Appears in 1 contract
Samples: Mastership Agreement
