Common use of Liability and Indemnities Clause in Contracts

Liability and Indemnities. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 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: any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or any act or omission by the Host Practice or its employees or agents during or in connection with a Vaccination Session. 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. 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: its breach of this MOU; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; 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. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 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: any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or any act or omission by the Host Practice Receiving Body or its employees or agents during or in connection with a Vaccination Session. 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. 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: its breach of this MOU; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; 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. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following The Employer shall apply. 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: 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 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 Session. 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 arrangementsSecondment Period. 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. 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: Any loss of or any damage to any property; All financial loss; Those resulting from any breach by the Employee of any intellectual property rights owned by the Employer or a third party; 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; Any and all liability arising from any breach of the provisions of the Data Protection Xxx 0000 by the Employee. 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: its breach of this MOU; in the case of a Sending Body, the employment/of:- The engagement or termination of employment/engagement of the Staff MemberEmployee under the terms of this Agreement during the Secondment Period; or 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. 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 1.2 or 1.3 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. 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. 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. 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. 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. Save where alternative arrangements regarding liabilities and indemnities are agreed in writing between the Participating Bodies, the following shall apply. 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: any act or omission on the part of a Staff Member during or in connection with a Vaccination Session; or any act or omission by the Host Practice Receiving Body or its employees or agents during or in connection with a Vaccination Session. 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. 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: its breach of this MOU; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; 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. Save where alternative arrangements regarding liabilities 10.1 The Authorised User shall indemnify MedCo against all liabilities, costs, expenses, damages and indemnities are agreed in writing between the Participating Bodieslosses (including but not limited to any direct, the following shall apply. The Host Practice shall accept responsibility forindirect or consequential losses, loss of profit, loss of reputation and shall at all times indemnify the Sending Body interest, penalties and Staff Members fully against, legal costs (calculated on a full indemnity basis) and hold them harmless from, all civil liabilities other professional costs and in respect of or consequent on any illness, injury, death, damage or costs suffered, sustained expenses) suffered or incurred by MedCo arising out of or in connections connection with: : (a) any act breach by the Authorised User of the warranties contained in Clause 4.4 and Clause 5; (b) any claim made against MedCo for actual or omission on the part alleged infringement of a Staff Member during third party's intellectual property rights arising out of or in connection with the use by MedCo or Authorised Users of the Search Data and Provider Data. 10.2 The Authorised User hereby acknowledges and agrees that: (a) the Provider Data shall be supplied by third parties; (b) MedCo has no control whatsoever over the accuracy, completeness or usefulness (for a Vaccination Sessionspecified purpose or otherwise) of that Provider Data; and (c) MedCo does not make or include any act representations, warranties or omission guarantees relating to and including but not limited to the accuracy, completeness or suitability of the Provider Data. 10.2.1 To the extent necessary and to the fullest extent permitted by law, MedCo hereby excludes all representations, undertakings, terms, warranties, conditions and guarantees (whether express or implied) relating to the Host Practice Provider Data including but not limited to the accuracy, completeness or its employees or agents during suitability thereof. 10.3 The maximum aggregate liability of MedCo, under or in connection with a Vaccination Session. 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 this User Agreement, in respect of all non-clinical liabilities that may arise in connection with claims by the delivery Authorised User against MedCo, giving rise to the liability of MedCo whether for breach of contract, negligence or other tort or breach of statutory duty or otherwise, shall not exceed the Vaccination Programme greater of 100% of Charges paid (if any) during the preceding 12 months or participation in any Vaccination Session by any Staff Members, save for professional indemnity liabilitiesthe sum of £500. 10.4 With the exception of liability under an indemnity, which will shall be the responsibility unlimited, neither Party shall be liable under this User Agreement for any loss of the relevant Staff Member. The Participating Bodies hereby indemnify each other against profit or for any and all claims, liabilities, actions, proceedings, costs indirect special or consequential loss or damage of any kind (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: its breach of this MOU; in the case of a Sending Body, the employment/engagement or termination of employment/engagement of the Staff Member; or in the case of the Host Practicewithout limitation, any actions it undertakes relating loss or damage to a Staff Member during a Transfer Period profit, revenue, contracts, anticipated savings, goodwill or business opportunities whether direct or indirect) howsoever arising and including, where no other indemnity arrangements provided for whether caused by NHS Resolution may apply, liability for personal injury, accident or illness sufferednegligence, breach of contract or otherwise. 10.5 Nothing in tort, unfair dismissal, equal pay, discrimination this User Agreement shall limit the liability of any kind Party for death or personal injury caused by the negligence of that Party, its servants or agents; fraud or fraudulent misrepresentation; any matter of which liability cannot be excluded by law; or any claim for payment under any legislation applicable an indemnity contained in the United Kingdomthis User Agreement.