Common use of Liability and Indemnities Clause in Contracts

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. in the case of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. : any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. or any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. : its breach of this MOU; 10.4.2. ; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. or in the case of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities 9.1 The Approved Activity Provider shall be responsible and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice shall accept responsibility for, and shall liable at all times indemnify for the Sending Body health and Staff Members fully againstsafety of each Participant while such Participant is under the care of the Approved Activity Provider. 9.2 Without prejudice to any rights or remedies of ASL, the Approved Activity Provider shall indemnify, and hold them harmless fromkeep indemnified, ASL, the Charity, the Participants and the Licensed Organisation and DofE Centres fully against all civil claims, proceedings, actions, damages, costs, suits, demands, losses, liabilities, charges, expenses and any other liabilities and incurred by or made against ASL or the Charity in respect of any loss, direct or consequent on indirect, or damage or personal injury which arises from any illnessstatements made, injury, deathadvice or information given or omitted to be given or anything done or omitted to be done by the Approved Activity Provider under or otherwise relating to the provision of the Services or any of the Approved Activity Provider's other obligations under this Agreement to the extent that such loss, damage or costs sufferedinjury is caused by the Approved Activity Provider’s negligence (whether caused by an act or omission), sustained breach of this Agreement (including breach of any warranty given in this Agreement) or incurred any other wrongful act or omission of the Approved Activity Provider, the Staff or its associates, agents, servants and sub-contractors. 9.3 Neither ASL nor the Charity shall be liable for any matter arising out as between the Approved Activity Provider and Participants. The Approved Activity Provider acknowledges that it shall be its responsibility to manage the relationship including entering into any contract with the Participants. 9.4 Without prejudice to any other provisions of or in connections with: 10.2.1. this Agreement, neither ASL nor the Charity shall be liable for any act or omission on of the part of a Staff Member during Approved Activity Provider, whether or not such action was taken pursuant to any advice given by ASL or the Charity or in connection with a Vaccination Session; or 10.2.2. reliance on any act materials provided by ASL or omission by the Host Practice or its employees or agents during or in connection with a Vaccination SessionCharity. 10.3. It 9.5 Nothing in this Agreement is agreed intended and understood that Staff Members will nor shall it be carrying out NHS primary medical services on behalf of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered construed as an attempt by those arrangements. The Host Practice is required either party to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme exclude or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of limit its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. in the case of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury, accident injury caused by negligence or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdomfor fraud.

Liability and Indemnities. 10.1. 10.1 Save where alternative arrangements regarding liabilities to the extent directly caused by the negligence, wilful default, failure of performance or criminal act of the other party or its employees, agents or sub-contractors, each party (the “Liable Party”) shall indemnify the other party (the “Indemnified Party”) and indemnities are agreed keep the Indemnified Party indemnified on demand on an after tax basis against all claims, actions, damages, liabilities, losses, costs and expenses suffered or incurred by the Indemnified Party arising: 10.1.1 out of any error, omission, criminal act, default or negligence on the part of the Liable Party or its employees, agents or sub-contractors in writing between the Participating Bodiesoperation of the Accounts; or 10.1.2 as a consequence of any breach by the Liable Party of any its obligations, or of any warranty given by it, under The Agreement. 10.2 Subject to clauses 10.3 and 10.4 below, the following shall apply. 10.2. The Host Practice shall accept responsibility for, and shall at all times indemnify total liability of each party to the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and other in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred claims arising out of or in connections with: 10.2.1. any act connected with the provision or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf use of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice is required to ensure that it maintains appropriate and adequate insurance cover service provided under these Product & Services Terms & Conditions shall not exceed fifty thousand pounds (£50,000) sterling in respect of all non-clinical liabilities that may arise incidents (related or unrelated) in connection with any consecutive period of twelve months. 10.3 Clause 10.2 shall not limit: 10.3.1 the delivery liability of the Vaccination Programme Liable Party in the event of: 10.3.1.1 wilful default or participation any criminal act committed by the Liable Party, its employees, agents or sub- contractors; or 10.3.1.2 any breach of any obligation of confidentiality; or 10.3.2 your liability where you have ticked the Consent to Rely option in the application form for these Product & Services Terms & Conditions and we suffer or incur any Vaccination Session by any Staff Membersclaims, save for professional indemnity liabilitiesactions, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claimsdamages, liabilities, actions, proceedingslosses, costs (including legal fees), losses, damages, fines, and/or expenses and demands suffered or incurred by any other Participating Body arising out as a result of or resulting from us relying on the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff MemberConsent to Rely; or 10.4.3. 10.3.3 Our liability where you make a claim under the sections titled “Refunds for incorrectly executed payment instructions”, “Refunds for incorrect payment amounts/sums” and “Refunds for unauthorised transactions” in the case Relationship Terms & Conditions. 10.4 Clause 10.2 shall not limit or restrict our obligations to repay to you any cleared credit balance on any Account. 10.5 Nothing in these Product & Services Terms & Conditions limits or excludes our liability in any way under the sections titled “Refunds for incorrectly executed payment instructions”, “Refunds for incorrect payment amounts/ sums” and “Refunds for unauthorised transactions” in the Relationship Terms & Conditions. Any limitation on your liability under the section titled “Your responsibility for unauthorised transactions” in the Relationship Terms & Conditions will not be affected or prejudiced by any term of these Product & Services Terms & Conditions. Neither party shall issue press statements relating to any matter governed by these Product & Services Terms & Conditions without the prior written consent of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdomparty.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice Receiving Body shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. : any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. or any act or omission by the Host Practice Receiving Body or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice Receiving Body, within the framework of the governance arrangements set out in Schedule 7 of the Seasonal Influenza Vaccination Collaboration Agreement and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice Receiving Body is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. : its breach of this MOU; 10.4.2. ; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. or in the case of the Host PracticeReceiving Body, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice is required to ensure that it maintains appropriate and adequate insurance insuranc e cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. in the case of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities The Directly Licensed Centre shall retain overall responsibility and indemnities are agreed in writing between liability at all times for the Participating Bodieshealth and safety of each Participant while such Participant is undertaking a DofE Programme, except when the Participant is under the care of the Approved Activity Provider or other activity provider, during which times it shall be that activity provider’s responsibility to oversee the health and safety of the Participant. Where the Directly Licensed Centre appoints an activity provider that is not an Approved Activity Provider, the following Directly Licensed Centre shall applyensure that its agreement with that activity provider confirms that the activity provider is responsible and liable for the health and safety of each Participant under its care and shall ensure that the contract entered into gives ASL and the Charity rights to enforce the relevant provisions of that agreement as a third party. 10.2. The Host Practice Where the Participant has organised an activity for themselves (e.g. volunteering in a charity shop, football training, violin lessons, etc.), the Directly Licensed Centre shall accept responsibility for, ensure that the Parents/Guardians of the Participant are aware that they are responsible for their child’s safety and shall at all times indemnify for checking and satisfying themselves that the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Sessionactivity provider is appropriate. 10.3. It is agreed ASL and understood that Staff Members will the Charity shall not be carrying out NHS primary medical services on behalf liable for, and (without prejudice to any rights or remedies of ASL) the Host Practice Directly Licensed Centre shall indemnify and therefore will have keep indemnified ASL, the benefit of Charity and the CNSGP indemnity arrangements Participants fully against, all claims, proceedings, actions, damages, costs, suits, demands, losses, liabilities, charges, expenses and any other liabilities incurred by or made against ASL or the Charity in respect of relevant liabilities covered any loss, direct or indirect, or damage or personal injury which arises from any statements made, advice or information given or omitted to be given or anything done or omitted to be done by those arrangements. The Host Practice is required the Directly Licensed Centre relating to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination DofE Programme to the extent that such loss, damage or participation injury is caused by the Directly Licensed Centre’s negligence (whether caused by an act or omission), breach of this Agreement (including breach of any warranty given in this Agreement) or any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility other wrongful act or omission of the relevant Staff MemberDirectly Licensed Centre, including the Staff. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by Without prejudice to any other Participating Body arising out provisions of this Agreement, in no circumstances shall ASL or resulting from the acts Charity be liable for any unlawful act or omissions omission of the indemnifying Participating Body Directly Licensed Centre, whether or not such action was taken pursuant to any advice given by ASL or the Charity or in respect of reliance on any materials provided by ASL or the Charity. 10.5. Nothing in this Agreement is intended and nor shall it be construed as an attempt by either party to exclude or limit its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. in the case of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury, accident injury caused by negligence or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdomfor fraud.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice Receiving Body shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. : any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. or any act or omission by the Host Practice Receiving Body or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice Receiving Body, within the framework of the governance arrangements set out in Schedule 7 of the Polio Vaccination Collaboration Agreement and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice Receiving Body is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. : its breach of this MOU; 10.4.2. ; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. or in the case of the Host PracticeReceiving Body, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice Receiving Body shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. any act or omission by the Host Practice Receiving Body or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice Receiving Body within the framework of the governance arrangements set out in Schedule 7 of the Seasonal Influenza Collaboration Agreement and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice Receiving Body is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. in the case of the Host PracticeReceiving Body, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. 9.1 Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, NHS Bodies the following shall apply. 10.2. The Host Practice 9.2 Each Receiving NHS Body shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. be solely liable for any act or omission on the part of a Staff Member during or in connection with their time working at that Receiving NHS Body during a Vaccination Session; or 10.2.2. any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination SessionSecondment Period. 10.3. 9.3 It is agreed and understood that Staff Members will at all times be carrying out NHS primary medical services on behalf and therefore the CNST and LTPS indemnity arrangements of the Host Practice and therefore Receiving NHS Body will have apply (subject to the benefit terms of the CNSGP indemnity arrangements those schemes) in respect of relevant liabilities covered the acts or omissions of a Staff Member received from an Employing NHS Body or alternatively that other specific indemnity arrangements to address COVID-19 work put in place by those arrangements. The Host Practice is required NHS Resolution (subject to ensure that it maintains appropriate and adequate insurance cover in respect the terms of all non-clinical liabilities that may arise in connection with the delivery such new scheme or arrangement) shall apply. 9.4 Where none of the Vaccination Programme or participation indemnity arrangements referred to in this paragraph 9.1 above apply each NHS Body indemnifies the other against any Vaccination Session by any Staff Membersand all claims, save for professional indemnity liabilities, which will be actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by the responsibility other arising out of the relevant Staff Memberor resulting from such act or omission. 10.4. 9.5 The Participating NHS Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating NHS Body arising out of or resulting from the acts or omissions of the indemnifying Participating NHS Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. 9.5.1 its breach of this MOUAgreement; 10.4.2. 9.5.2 in the case of a Sending Employing NHS Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.3. 9.5.3 in the case of the Host Practicea Receiving NHS Body, any actions it undertakes its acts or omissions relating to a Staff Member during a Transfer Secondment Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following 7.1 The Employer shall apply. 10.2. The Host Practice shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. not be liable for any act or omission on the part of a Staff Member the Employee during the Secondment and shall incur no liability for loss, damage or in connection with a Vaccination Session; or 10.2.2. any act or omission injury of whatever nature sustained by the Host Practice or its employees or agents Employee during or in connection with a Vaccination Sessionthe Secondment Period. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. 7.2 The Host Practice is required to ensure that it maintains appropriate shall indemnify and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with keep indemnified the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other Employer against any and all claims, liabilities, actions, proceedings, costs (including legal feesfees on an indemnity basis), losses, damages and demands arising out of or resulting from breach of this Agreement or any act or omission or default of the Employee during the Secondment Period including without limitation: 7.2.1 Any loss of or any damage to any property; 7.2.2 All financial loss; 7.2.3 Those resulting from any breach by the Employee of any intellectual property rights owned by the Employer or a third party; 7.2.4 Injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Employee, whether resulting in material or financial loss or damages or death or injury to persons or any other loss or damage whatsoever; 7.2.5 Any and all liability arising from any breach of the provisions of the Data Protection Xxx 0000 by the Employee. 7.3 The Host shall indemnify and keep indemnified the Employer against any and all claims, liabilities, actions, proceedings, costs (including legal fees on an indemnity basis), losses, damages, finesdemands, penalties, fines or expenses and demands suffered or incurred by the Employer which are attributable to any act or omission by the Host any other Participating Body person for whom the Host are liable arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to:of:- 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/7.3.1 The engagement or termination of employment/engagement of the Staff MemberEmployee under the terms of this Agreement during the Secondment Period; or 10.4.3. 7.3.2 Any breach by the Host of any collective agreement or other custom, practice or arrangement (whether or not legally binding) with a trade union, staff association or employee representatives in the case respect of the Host Practice, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided Employee including for by NHS Resolution may apply, the avoidance of doubt without limitation liability for personal injury, accident or illness sufferedsuffered or incurred in whole or in part during the Secondment, breach of contract or in tort, unfair dismissal, redundancy, statutory redundancy, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom. 7.4 If the Employer suffers any claims, liabilities, actions, proceedings, costs, losses, damages or demands (“Loss”) in respect of which the Host is liable to make a payment (“Indemnity Payment”), to the Employer under clause 7.2 or 7.3 and the Indemnity Payment is taxable in the Employer’s hands but the Loss is not deductible in calculating that tax liability, then the Host shall pay such additional amount to the Employer as the Employer’s tax adviser certifies is necessary to put the Employer in the same net of tax position as it would have been if the Indemnity Payment was not taxable in the Employer’s hands and the Loss was not deductible by the Employer for tax purposes. 7.5 If the Host becomes aware of any matter that may give rise to a claim against the Employee and/or the Employer, notice of that fact shall be given as soon as possible to the Employer. 7.6 Without prejudice to the validity of the claim or alleged claim in question, the Host shall allow the Employer and its professional advisors to investigate the matter or circumstance alleged to give rise to such claim and whether and to what extent any amount is payable in respect of such claim, and for such purpose, the Host shall give subject to being paid all reasonable costs and expenses, all such information and assistance, including access to premises and personnel, and the right to examine and copy or photograph any assets, accounts, documents and records, as the Employer or its professional advisors may reasonably request provided that nothing in this clause shall be construed as requiring the Host to disclose any document or thing the subject of any privilege. The Employer agrees to keep all such information confidential and only to use it for such purpose. 7.7 No admission of liability shall be made by or on behalf of the Host and any such claim shall not be compromised, disposed of or settled without the consent of the Employer. 7.8 The Employer shall be entitled in its absolute discretion to take such action as it shall deem necessary to avoid, dispute, deny, defend, resist, appeal, compromise or contest any such claim or liability (including, without limitation, making counterclaims or other claims against third parties) in the name of and on behalf of the Host and to have the conduct of any related proceedings, negotiations or appeals.

Liability and Indemnities. 10.1. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 10.2. The Host Practice Receiving Body shall accept responsibility for, and shall at all times indemnify the Sending Body and Staff Members fully against, and hold them harmless from, all civil liabilities and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained or incurred arising out of or in connections with: 10.2.1. any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or 10.2.2. any act or omission by the Host Practice Receiving Body or its employees or agents during or in connection with a Vaccination Session. 10.3. It is agreed and understood that Staff Members will be carrying out NHS primary medical services on behalf of the Host Practice Receiving Body, within the framework of the governance arrangements set out in Schedule 7 of the Seasonal Influenza Vaccination Collaboration Agreement and therefore will have the benefit of the CNSGP indemnity arrangements in respect of relevant liabilities covered by those arrangements. The Host Practice Receiving Body is required to ensure that it maintains appropriate and adequate insurance cover in respect of all non-clinical liabilities that may arise in connection with the delivery of the Vaccination Programme or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilities, which will be the responsibility of the relevant Staff Member. 10.4. The Participating Bodies hereby indemnify each other against any and all claims, liabilities, actions, proceedings, costs (including legal fees), losses, damages, fines, expenses and demands suffered or incurred by any other Participating Body arising out of or resulting from the acts or omissions of the indemnifying Participating Body in respect of its employment or engagement of a Staff Member including but not limited to: 10.4.1. its breach of this MOU; 10.4.2. in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or 10.4.31.6.3. in the case of the Host PracticeReceiving Body, any actions it undertakes relating to a Staff Member during a Transfer Period and including, where no other indemnity arrangements provided for by NHS Resolution may apply, liability for personal injury, accident or illness suffered, breach of contract or in tort, unfair dismissal, equal pay, discrimination of any kind or under any legislation applicable in the United Kingdom.