Common use of Liability and Indemnities Clause in Contracts

Liability and Indemnities. 14.1. The Supplier acknowledges that if it enters any Site, it does so at its own risk. The Supplier must ensure that its Personnel are also aware that they enter any Site at their own risk. 14.2. The Supplier will be liable for, and will indemnify each Group Company and keep each Group Company indemnified from and against any liability, loss, charges, costs, expenses or damage of any kind whatsoever (including, without limitation, legal fees and expenses) arising directly or indirectly from: (a) the performance, non-performance or purported performance or any breach or delay in performance any of the terms and conditions of this Agreement (including any warranty); (b) any negligence or wilful misconduct of the Supplier or its Personnel in connection with this Agreement; (c) any claim made against the Group Company by a third party to the extent that the claim results from or is a consequence of the performance, non-performance, purported performance, breach, negligent performance or failure or delay in performing this Agreement by the Supplier or its Personnel (including any warranty); (d) any personal injury, illness or death of any person or damage to any property or any other loss or damage of any kind whatsoever caused or contributed to by: (i) the performance or purported performance of the Supplier’s obligations under this Agreement; or (ii) the entry onto, and the activities undertaken on and in, any Site by the Supplier or its Personnel; and (e) any claim made against the Group Company by any of the Supplier’s Personnel including in respect of any relevant legislation concerning income tax, workers’ compensation, annual leave, long service leave, superannuation or any applicable award, determination or agreement of a competent industrial tribunal, except to the extent that such liability, loss or damage is directly caused by the negligence or wilful misconduct of the Group Company or its Personnel. 14.3. Each indemnity in this Agreement is a continuing obligation separate and independent from the Supplier’s other obligations and survives completion or termination of this Agreement. 14.4. It is not necessary for a Group Company to make payment before enforcing a right of indemnity conferred by this Agreement. 14.5. Notwithstanding any other provision of this Agreement and to the extent permitted by law, each Group Company will not in any circumstances be liable to the Supplier or any person claiming through the Supplier for any: (a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or (b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity, expectation loss or loss of production, which may be suffered or incurred by any person, including in respect of the Goods and Services or otherwise in connection with this Agreement.

Liability and Indemnities. ‌ 14.1. The Supplier acknowledges that if it enters any Site, it does so at its own risk. The Supplier must ensure that its Personnel are also aware that they enter any Site at their own risk. 14.2. The Supplier will be liable for, and will indemnify each Group Company and keep each Group Company indemnified from and against any liability, loss, charges, costs, expenses or damage of any kind whatsoever (including, without limitation, legal fees and expenses) arising directly or indirectly from: (a) the performance, non-performance or purported performance or any breach or delay in performance any of the terms and conditions of this Agreement (including any warranty); (b) any negligence or wilful misconduct of the Supplier or its Personnel in connection with this Agreement; (c) any claim made against the Group Company by a third party to the extent that the claim results from or is a consequence of the performance, non-performance, purported performance, breach, negligent performance or failure or delay in performing this Agreement by the Supplier or its Personnel (including any warranty); (d) any personal injury, illness or death of any person or damage to any property or any other loss or damage of any kind whatsoever caused or contributed to by: (i) the performance or purported performance of the Supplier’s obligations under this Agreement; or (ii) the entry onto, and the activities undertaken on and in, any Site by the Supplier or its Personnel; and (e) any claim made against the Group Company by any of the Supplier’s Personnel including in respect of any relevant legislation concerning income tax, workers’ compensation, annual leave, long service leave, superannuation or any applicable award, determination or agreement of a competent industrial tribunal, except to the extent that such liability, loss or damage is directly caused by the negligence or wilful misconduct of the Group Company or its Personnel. 14.3. Each indemnity in this Agreement is a continuing obligation separate and independent from the Supplier’s other obligations and survives completion or termination of this Agreement. 14.4. It is not necessary for a Group Company to make payment before enforcing a right of indemnity conferred by this Agreement. 14.5. Notwithstanding any other provision of this Agreement and to the extent permitted by law, each Group Company will not in any circumstances be liable to the Supplier or any person claiming through the Supplier for any: (a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or (b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity, expectation loss or loss of production, which may be suffered or incurred by any person, including in respect of the Goods and Services or otherwise in connection with this Agreement.

Liability and Indemnities. 14.1. The Supplier acknowledges that if it enters any Site, it does so at its own risk. The Supplier must ensure that its Personnel are also aware that they enter any Site at their own risk. 14.2. The Supplier will be liable for, and will indemnify each Group Company and keep each Group Company indemnified from and against any liability, loss, charges, costs, expenses or damage of any kind whatsoever (including, without limitation, legal fees and expenses) arising directly or indirectly from: (a) the performance, non-performance or purported performance or any breach or delay in performance any of the terms and conditions of this Agreement (including any warranty); (b) any negligence or wilful misconduct of the Supplier or its Personnel in connection with this Agreement; (c) any claim made against the Group Company by a third party to the extent that the claim results from or is a consequence of the performance, non-performance, purported performance, breach, negligent performance or failure or delay in performing this Agreement by the Supplier or its Personnel (including any warranty); (d) any personal injury, illness or death of any person or damage to any property or any other loss or damage of any kind whatsoever caused or contributed to by: (i) the performance or purported performance of the Supplier’s obligations under this Agreement; or (ii) the entry onto, and the activities undertaken on and in, any Site by the Supplier or its Personnel; and (e) any claim made against the Group Company by any of the Supplier’s Personnel including in respect of any relevant legislation concerning income tax, workers’ compensation, annual leave, long service leave, superannuation or any applicable award, determination or agreement of a competent industrial tribunal, except to the extent that such liability, loss or damage is directly caused by the negligence or wilful misconduct of the Group Company or its Personnel. 14.3. Each indemnity in this Agreement is a continuing obligation separate and independent from the Supplier’s other obligations and survives completion or termination of this Agreement. 14.4. It is not necessary for a Group Company to make payment before enforcing a right of indemnity conferred by this Agreement. 14.5. Notwithstanding any other provision of this Agreement and to the extent permitted by law, each Group Company will not in any circumstances be liable to the Supplier or any person claiming through the Supplier for any: (a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or (b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of opportunity, expectation loss or loss of production, which may be suffered or incurred by any person, including in respect of the Goods and Services or otherwise in connection with this Agreement.