Common use of LIABILITIES IN RESPECT OF THIS AGREEMENT Clause in Contracts

LIABILITIES IN RESPECT OF THIS AGREEMENT. 11.1 All losses, claims, expenses, actions, demands, costs and liability incurred in relation to this Agreement shall be shared by the Authorities on such terms as may be agreed from time to time between the Authorities, based on an apportionment which is proportionate to use of the Service. 11.2 Each and every Authority shall (and hereby undertakes with every other Authority to) indemnify each of the other Authorities against and/or contribute to and pay a share of all or any liabilities claims costs and/or expenses of or incurred by that Authority arising out of or in connection with or in the course of or as a result of it being a party to this Agreement and fulfilling its obligations under this Agreement with the intent that the Authority being indemnified and the other Authorities shall be jointly liable for all such liability to claims costs and/or expenses. PROVIDED THAT such indemnity on the part of the Authorities shall not extend to liabilities or claims arising or costs and/or expenses incurred by reason or in consequence of any of the following on the part of the Authorities seeking to be indemnified that is to say; a) breach by the Authority of its obligations under this Agreement, b) gross negligence, gross misconduct, persistent breach of Law or duty (this is to say persisted in after the same shall have been brought to the attention of the relevant Authority) c) any act or omission known to the relevant Authority to be contrary to proper accounting or local government practice or local government Law or d) any substantial or persistent failure (after reasonable notice) to redress performance of the duties of the relevant Authority which shall not comply with the requirements or the standards set by this Agreement. 11.3 The amount due from each Authority in respect of each financial year as a result of the indemnity given in clause 12.2 shall be included in the annual account supplied by the Host Authority to the parties in accordance with clause 13.8. 11.4 The parties reserve the right to recover from any party to this Agreement, the cost of any liabilities which have been caused by that party and which are discovered after that party withdraws from this Agreement or this Agreement is determined. 11.5 Any costs arising as a result of legislative change shall be shared equally between the parties. 11.6 For the avoidance of doubt, the indemnity given by the parties to this Agreement shall include matters relating to the employment and transfer of staff. 11.7 Each of the parties shall at all times take all reasonable steps within its powers to minimise and mitigate any loss for which it is seeking re-imbursement from any of the other parties. 11.8 This clause 12 shall survive the expiry or determination of this Agreement.

LIABILITIES IN RESPECT OF THIS AGREEMENT. 11.1 9.1 All losses, claims, expenses, actions, demands, costs and liability incurred in relation to this Agreement shall be shared by the Authorities each Authority on such terms as may be agreed from time to time between by the Authorities, based on an apportionment which is proportionate to use of Operations Board or the ServiceExecutive Board. 11.2 9.2 Each and every Authority shall (and hereby undertakes with every the other Authority to) indemnify each of the other Authorities Authority against and/or contribute to and pay a share of all or any liabilities claims costs and/or expenses of or incurred by that Authority arising out of or in connection with or in the course of or as a result of it being a party to this Agreement and fulfilling its obligations under this Agreement with the intent that the Authority being indemnified and the other Authorities Authority shall be jointly liable for to indemnify in respect of all such liability to claims costs and/or expensesexpenses unless otherwise agreed by the Operations Board or the Executive Board. PROVIDED THAT such indemnity on the part of the Authorities each Authority shall not extend to liabilities or claims arising or costs and/or expenses incurred by reason or in consequence of any of the following on the part of the Authorities Authority seeking to be indemnified that is to say;indemnified: (a) breach by the that Authority of its obligations under this Agreement,Agreement save each Authority agrees that a failure to achieve any key performance indicator set out in Schedule 3 including a performance indicator applied to a third party will not without more amount to such breach; (b) breach by that Authority of its obligations under clause 5.2 of this agreement; (c) gross negligence, gross misconduct, persistent breach of Law or duty (this is to say persisted in after the same shall have where such breach has been brought to the attention of the relevant that Authority); or c(d) any act or omission known to the relevant Authority to be contrary to that is in breach of proper accounting or local government practice practice; (e) any act or omission that is in breach of local government Law or d) any substantial or persistent failure (after reasonable notice) to redress performance of the duties of the relevant Authority which shall not comply with the requirements or the standards set by this AgreementLaw. 11.3 The amount due 9.3 For the avoidance of doubt such indemnity shall include but is not limited to matters relating to the employment or transfer of staff, losses, costs, expenses or liabilities arising from each contracts with third parties or from legislative change. 9.4 Each Authority in respect of each financial year as a result of the indemnity given in clause 12.2 shall be included in the annual account supplied by the Host Authority to the parties in accordance with clause 13.8. 11.4 The parties reserve the right entitled to recover from any party to this Agreementthe other Authority, the cost of any liabilities which have been caused by that party Authority and which are discovered after that party Authority withdraws from this Agreement or this Agreement is determinedhas ended. 11.5 Any costs arising as a result of legislative change shall be shared equally between the parties. 11.6 For the avoidance of doubt, the indemnity given by the parties to this Agreement shall include matters relating to the employment and transfer of staff. 11.7 Each of the parties shall at all times take all reasonable steps within its powers to minimise and mitigate any loss for which it is seeking re-imbursement from any of the other parties. 11.8 9.5 This clause 12 9 shall survive the expiry or determination of this Agreement.