Common use of Liability and Indemnities Clause in Contracts

Liability and Indemnities. 46Liability and Indemnities Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982. Subject to clauses 46.3 and 46.4, the Contractor shall indemnify the Authority and keep the Authority indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Authority Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject always to clauses 46.1 and 46.5: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions pounds (£1,000,000); and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 27, 28, 31, 34, 38, 38.1, 46.4.1(a) or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule shall in no event exceed the greater of five hundred thousand pounds (£500,000). Subject always to clause 46.1, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] other indirect or consequential loss or damage, provided that this clause 46.5 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.

Liability and Indemnities. 46Liability 48.48Liability and Indemnities Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982Xxx 0000. Subject to clauses 46.3 Clauses 1.159 and 46.41.161, the Contractor shall indemnify the Authority Agency and keep the Authority Agency indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Authority Agency Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor Contractor. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Agency or by breach by the Authority Agency of its obligations under the Contract. Subject always to clauses 46.1 Clauses 1.158 and 46.51.162: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions five million pounds ([£1,000,000)5,000,000]; and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 27Clauses 29, 2830, 3133, 3436, 38401.122, 38.1, 46.4.1(a1.161.1(a) or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule shall in no event exceed the greater of five hundred thousand one million pounds ([£500,000). 1,000,000] Subject always to clause 46.1Clause 1.158, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] other indirect or consequential loss or damage, provided that this clause 46.5 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.and

Liability and Indemnities. 46Liability 48.48Liability and Indemnities Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982Xxx 0000. Subject to clauses 46.3 Clauses 1.171 and 46.41.172, the Contractor shall indemnify the Authority Agency and keep the Authority Agency indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Authority Agency Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor Contractor. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Agency or by breach by the Authority Agency of its obligations under the Contract. Subject always to clauses 46.1 Clauses 1.169 and 46.51.173: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions five million pounds ([£1,000,000)5,000,000]; and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 27Clauses 29, 2830, 3133, 3436, 3840.1, 38.1, 46.4.1(a48.4(a) or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule shall in no event exceed the greater of five hundred thousand one million pounds ([£500,000)1,000,000]. Subject always to clause 46.1Clause 1.169, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] other indirect or consequential loss or damage, provided that this clause 46.5 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.and

Liability and Indemnities. 46Liability 48.48Liability and Indemnities Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982Xxx 0000. Subject to clauses 46.3 Clauses 1.159 and 46.41.161, the Contractor shall indemnify the Authority Agency and keep the Authority Agency indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Authority Agency Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor Contractor. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Agency or by breach by the Authority Agency of its obligations under the Contract. Subject always to clauses 46.1 Clauses 1.158 and 46.51.162: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions five million pounds ([£1,000,000)5,000,000]; and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 27Clauses 29, 2830, 3133, 3436, 38401.122, 38.1, 46.4.1(a1.161.1(a) or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule shall in no event exceed the greater of five hundred thousand one million pounds ([£500,000). 1,000,000] Subject always to clause 46.1Clause 1.158, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] other indirect or consequential loss or damage, provided that this clause 46.5 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.and

Liability and Indemnities. 46Liability and Indemnities Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982Xxx 0000. Subject to clauses 46.3 and 46.4, the Contractor shall indemnify the Authority and keep the Authority indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Authority Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject always to clauses 46.1 and 46.5: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions pounds (£1,000,000); and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 27, 28, 3129, 34, 38, 38.1, 46.4.1(a) or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule shall in no event exceed the greater of five hundred thousand pounds (£500,000). Subject always to clause 46.1, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or and indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] and other indirect or consequential loss or damage, provided that this clause 46.5 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.

Liability and Indemnities. 46Liability and Indemnities 33.1 Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982. . 33.2 Subject to clauses 46.3 33.3 and 46.433.4, the Contractor shall indemnify the Authority Participant and keep the Authority Participant indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Ordered Services or the performance or non-performance by the Contractor of its obligations under the Call-off Contract or the presence of the Contractor or any Staff on the Authority Participant Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor Contractor. 33.3 The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Participant or by breach by the Authority Participant of its obligations under the Call-off Contract. . 33.4 Subject always to clauses 46.1 33.1 and 46.533.5: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions Ten million pounds (£1,000,00010,000,000); and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 2720, 2821, 31, 34, 38, 38.1, 46.4.1(a) 28 or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule 0 shall in no event exceed the greater of: Fifty Million Pounds 50% of five hundred thousand pounds (£500,000). the Call-off Contract Prices paid or payable by the Participant to the Contractor in respect of Call-off Contracts in the year in which the liability arises. 33.5 Subject always to clause 46.133.1, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] and/or other indirect or consequential loss or damage, provided that this clause 46.5 33.5 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.

Liability and Indemnities. 46Liability and Indemnities Neither Party excludes or limits liability to the other Party for: death or personal injury caused by its negligence; or fraud; or fraudulent misrepresentation; or any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982Xxx 0000. Subject to clauses 46.3 46.2 and 46.446.3, the Contractor shall indemnify the Authority and keep the Authority indemnified fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Equipment and Services or the performance or non-performance by the Contractor of its obligations under the Contract or the presence of the Contractor or any Staff on the Authority Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Contractor, or any other loss which is caused directly or indirectly by any act or omission of the Contractor Contractor. The Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject always to clauses 46.1 and 46.546.4: the aggregate liability of a Party for any and all Defaults by that Party resulting in loss of or damage to the property of the other Party shall in no event exceed one millions million pounds (£1,000,000); and the annual aggregate liability of either Party for any and all Defaults (other than a Default governed by clauses 27, 28, 31, 34, 38, 38.1, 46.4.1(a46.3.1(a) or paragraphs 2.2, 2.4 or 3.5 of the Staff Transfer Schedule shall in no event exceed the greater of five hundred thousand pounds (One Million, £500,000)1,000,000. Subject always to clause 46.1, in no event shall either Party be liable to the other for any: indirect loss of profits, business, revenue or goodwill; and/or indirect loss of savings (whether anticipated or otherwise); and/or] [(b)/(c)] other indirect or consequential loss or damage, provided that this clause 46.5 46.4 shall not operate to exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the Default of the Contractor.