Common use of Liability and Remedies Clause in Contracts

Liability and Remedies. 15.1 If the Supplier fails to deliver the Goods by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the Supplier; b. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; c. to recover from the Supplier any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the Supplier’s failure to meet such dates. 15.2 If the Supplier has delivered Goods that do not comply with any of the conditions in clause 3 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods have been accepted: a. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the Supplier; c. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; d. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; e. to recover from the Supplier any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the Supplier’s failure to supply the Goods in accordance with the conditions in clause 3 and any of the guarantees in clause 7. 15.3 The Supplier shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or subcontractors; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 17.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 17.2 If the Supplier Contractor has delivered Goods and/or performed Services that do not comply with any of the conditions in clause clauses 3 and 13 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause 3 and 13 and/or any of the guarantees in clause 7. 15.3 17.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the GoodsGoods and/or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 17.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 17.2 If the Supplier Contractor has delivered Goods and/or performed Services that do not comply with any of the conditions in clause clauses 3 and 13 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User End‐User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause 3 and 13 and/or any of the guarantees in clause 7. 15.3 17.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User End‐User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User End‐User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; b. any claim made against Crown Agents or against the End-User End‐User arising out of, or in connection with, the supply of the GoodsGoods and/or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User End‐User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 If the Supplier fails to deliver the Goods by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the Supplier; b. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; c. to recover from the Supplier any costs incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User End‐User which are in any way attributable to the Supplier’s failure to meet such dates. 15.2 If the Supplier has delivered Goods that do not comply with any of the conditions in clause 3 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods have been accepted: a. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the Supplier; c. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; d. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; e. to recover from the Supplier any expenditure incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User End‐User arising from the Supplier’s failure to supply the Goods in accordance with the conditions in clause 3 and any of the guarantees in clause 7. 15.3 The Supplier shall indemnify and keep indemnified Crown Agents and their Principal and the End-User End‐User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User End‐User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; b. any claim made against Crown Agents or against the End-User End‐User arising out of, or in connection with, the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or subcontractors; and c. any claim made against Crown Agents or against the End-User End‐User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 16.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/ or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 16.2 If the Supplier Contractor has delivered Goods and/or performed the Services that do not comply with any of the conditions in clause clauses 3 and 12 and/or any of the guarantees in clause 7 6 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause clauses 3 and 12 and/or any of the guarantees in clause 76. 15.3 16.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the GoodsGoods and/or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 14.1 If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the Supplier; b. to refuse to accept any subsequent performance and/ or delivery of the Goods which the Supplier attempts to make; c. to recover from the Supplier any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the Supplier’s failure to meet such dates. 15.2 14.2 If the Supplier has delivered Goods that do not comply with any of the conditions in clause clauses 3 and/or any of the guarantees in clause 7 6 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods have been accepted: a. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the Supplier; c. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; d. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; e. to recover from the Supplier any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the Supplier’s failure to supply the Goods in accordance with the conditions in clause 3 and and/or any of the guarantees in clause 76. 15.3 14.3 The Supplier shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or and subcontractors; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 14.1 If the Supplier fails to deliver the Goods by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the Supplier; b. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; c. to recover from the Supplier any costs incurred by Crown Agents, the Principal Agents or the End-End User in obtaining substitute goods from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the Supplier’s failure to meet such dates. 15.2 14.2 If the Supplier has delivered Goods that do not comply with any of the conditions in clause 3 and/or any of the guarantees in clause 7 6 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods have been accepted: a. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the Supplier; c. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; d. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; e. to recover from the Supplier any expenditure incurred by Crown Agents, the Principal Agents or the End-User user in obtaining substitute goods from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal Agents or the End-User arising from the Supplier’s failure to supply the Goods in accordance with the conditions in clause 3 and and/or any of the guarantees in clause 76. 15.3 14.3 The Supplier shall indemnify and keep indemnified Crown Agents and their Principal and the End-End- User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-End User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; b. any claim made against Crown Agents or against the End-End User arising out of, or in connection with, the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or subcontractors; and c. any claim made against Crown Agents or against the End-End User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 17.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/ or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 17.2 If the Supplier Contractor has delivered Goods and/or performed Services that do not comply with any of the conditions in clause clauses 3 and 13 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause 3 and 13 and/or any of the guarantees in clause 7. 15.3 17.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the GoodsGoods and/or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 If the Supplier fails to deliver the Goods by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the Supplier; b. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; c. to recover from the Supplier any costs incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User End‐User which are in any way attributable to the Supplier’s failure to meet such dates. 15.2 If the Supplier has delivered Goods that do not comply with any of the conditions in clause 3 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods have been accepted: a. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the Supplier; c. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; d. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; e. to recover from the Supplier any expenditure incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User End‐User arising from the Supplier’s failure to supply the Goods in accordance with the conditions in clause 3 and and/or any of the guarantees in clause 7. 15.3 The Supplier shall indemnify and keep indemnified Crown Agents and their Principal and the End-User End‐User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User End‐User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; b. any claim made against Crown Agents or against the End-User End‐User arising out of, or in connection with, the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or subcontractors; and c. any claim made against Crown Agents or against the End-User End‐User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 17.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 17.2 If the Supplier Contractor has delivered Goods and/or performed Services that do not comply with any of the conditions in clause clauses 3 and 13 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause 3 and 13 and/or any of the guarantees in clause 7. 15.3 17.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractors;Personnel and agents. b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the GoodsGoods and or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 17.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 17.2 If the Supplier Contractor has delivered Goods and/or performed Services that do not comply with any of the conditions in clause clauses 3 and 13 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User End‐User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause 3 and 13 and/or any of the guarantees in clause 7. 15.3 17.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User End‐User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User End‐User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractors;Personnel and agents. b. any claim made against Crown Agents or against the End-User End‐User arising out of, or in connection with, the supply of the GoodsGoods and or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User End‐User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 17.1 If the Supplier Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; b. to refuse to accept any subsequent performance and/ or delivery of the Goods which the Supplier Contractor attempts to make; c. to recover from the Supplier Contractor any costs incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods and/or services from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the SupplierContractor’s failure to meet such dates. 15.2 17.2 If the Supplier Contractor has delivered Goods and/or performed Services that do not comply with any of the conditions in clause clauses 3 and 13 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods and/or Services have been accepted: a. to reject the Goods and/or Services (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the SupplierContractor’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; c. to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected GoodsGoods and/or Services; d. to refuse to accept any subsequent delivery of the Goods and/or performance of the Services which the Supplier Contractor attempts to make; e. to recover from the Supplier Contractor any expenditure incurred by Crown Agents, the Principal or the End-User End‐User in obtaining substitute goods and/or services from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User End‐User arising from the SupplierContractor’s failure to supply the Goods and/or perform the Services in accordance with the conditions in clause 3 and 13 and/or any of the guarantees in clause 7. 15.3 17.3 The Supplier Contractor shall indemnify and keep indemnified Crown Agents and their Principal and the End-User End‐User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User End‐User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; b. any claim made against Crown Agents or against the End-User End‐User arising out of, or in connection with, the supply of the GoodsGoods and/or completion of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the SupplierContractor, its employees, agents or subcontractorsPersonnel and agents; and c. any claim made against Crown Agents or against the End-User End‐User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.

Liability and Remedies. 15.1 If the Supplier fails to deliver the Goods by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights: a. to terminate the Contract with immediate effect by giving written notice to the Supplier; b. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; c. to recover from the Supplier any costs incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods from a third party; d. to claim damages for any additional costs, loss or expense incurred by Crown Agents, the Principal or the End-User which are in any way attributable to the Supplier’s failure to meet such dates. 15.2 If the Supplier has delivered Goods that do not comply with any of the conditions in clause 3 and/or any of the guarantees in clause 7 then, without limiting its other rights or remedies, Crown Agents shall have one or more of the following rights, whether or not the Goods have been accepted: a. to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; b. to terminate the Contract with immediate effect by giving written notice to the Supplier; c. to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods; d. to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; e. to recover from the Supplier any expenditure incurred by Crown Agents, the Principal or the End-User in obtaining substitute goods from a third party; and f. to claim damages for any additional costs, loss or expenses incurred by Crown Agents, the Principal or the End-User arising from the Supplier’s failure to supply the Goods in accordance with the conditions in clause 3 and and/or any of the guarantees in clause 7. 15.3 The Supplier shall indemnify and keep indemnified Crown Agents and their Principal and the End-User in full against all costs, expenses, damages and losses (whether direct or indirect), including, without limitation, any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Crown Agents as a result of or in connection with: a. any claim made against Crown Agents or against the End-User by a third party for death, personal injury or damage to property arising out of or in connection with, defects in the Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; b. any claim made against Crown Agents or against the End-User arising out of, or in connection with, the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its employees, agents or subcontractors; and c. any claim made against Crown Agents or against the End-User for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with, the manufacture, supply or use of the Goods.