Common use of Liability for Claims Clause in Contracts

Liability for Claims. 15.1 Save where provided for elsewhere in these TERMS AND CONDITIONS, VERIPOS shall have no liability to the CLIENT GROUP and the CLIENT shall save, defend, indemnify and hold harmless VERIPOS against any and all COSTS howsoever arising by reason of: 15.1.1 any delay in mobilising any EQUIPMENT or performing any of the SERVICES; or 15.1.2 any defect in any EQUIPMENT; or 15.1.3 any defective performance, or non-performance, of any SERVICES including unavailability or inaccuracy of SIGNAL in accordance with CLAUSE 11; or 15.1.4 CLIENT using any of the SERVICES in conjunction with any free to air signals such as IALA marine radio beacons, irrespective of the negligence, breach of duty whether, statutory or otherwise, of VERIPOS. 15.2 Notwithstanding any provision in these TERMS AND CONDITIONS, VERIPOS’ total cumulative liability to the CLIENT GROUP arising out of or related to the performance or non-performance of the SERVICES under any cause of action whether in tort, contract or otherwise at law, shall be limited to one hundred percent (100%) of the particular ORDER in which the liability has been incurred and CLIENT shall indemnify VERIPOS for any amount in excess therefrom.