Liabilities of The Project Manager. (1) The Project Manager shall not be held responsible for any liabilities suffered by the Employer that results solely from the acts or omissions of the consultants or other specialists and the various contractors, sub-contractors and the employees of the same or any other persons performing any of the works in the Project who are not in the employment of or engaged by the Project Manager.
(2) The Project Manager shall indemnify and hold harmless the Employer against any and all claims, damages, expenses or costs (including those asserted by third parties) arising directly or indirectly from his acts, errors or omissions, and the acts, errors or omissions of its servants, agents or employees.
Liabilities of The Project Manager. (1) The Project Manager shall not be held responsible for any liabilities suffered by the Employer that results solely from the acts or omissions of the consultants or other specialists and the various contractors, sub-contractors and the employees of the same or any other persons performing any of the works in the Project who are not in the employment of or engaged by the Project Manager.
(2) The Project Manager shall indemnify and hold the Employer harmless from and against any and all claims, damages, expenses or costs (including those asserted by third parties) arising directly or indirectly from the Project Manager’s acts, errors or omissions, and the acts, errors or omissions of the Project Manager’s servants, agents or employees.
(3) The Project Manager shall be liable for any violation of legal provisions or rights of third parties in respect of patents, copyrights or other intellectual property rights introduced into documents prepared by the Project Manager or otherwise used in the course of providing the Services and shall indemnify the Employer against any claims for infringement or alleged infringement of the same.
(4) The Project Manager shall, at the Project Manager’s own expense, procure and maintain, on terms and conditions as may be approved by the Employer, professional indemnity insurance for the minimum amount of sum insured as stated in the Appendix, for the duration of the Services and such period of time after the duration of the Services as stated in the Appendix.
(5) <Option A> The Project Manager’s aggregate liability under this Agreement in respect of any individual claim (or a series of claims arising from substantially identical facts or circumstances) for breach of contract or negligence shall not exceed the amount stated in the Appendix. Such limitation of liability shall not apply to any claim:
(a) relating to any death or personal injury;
(b) which arises from or is related to fraud, fraudulent misrepresentation, wilful misconduct, wilful concealment or gross negligence by the Project Manager, any sub-consultants or any of their respective directors, officers, employees or agents; or
(c) under any indemnity provided under Clause 3.2(2), Clause 3.2(3), or otherwise under this Agreement (other than a claim by the Employer against the Project Manager relating to the Project Manager’s breach of the Agreement).
