Common use of Liability Indemnification and Insurance Clause in Contracts

Liability Indemnification and Insurance. 9.1 Each Party's obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; 9.2 Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. 9.3 Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise. 9.4 Nothing in this Agreement shall exclude or restrict: (a) a Party’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or (b) losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. 9.5 The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: (a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.6 The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: (a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.7 At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6.. 9.8 Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.

Liability Indemnification and Insurance. 9.1 Each Party's obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; 9.2 ; Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. 9.3 . Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise. 9.4 . Nothing in this Agreement shall exclude or restrict: (a) : a Party’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or (b) or losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. 9.5 . The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: (a) : Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) ; Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) ; Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.6 . The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: (a) : Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) ; Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) ; Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.7 . At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6.. 9.8 .. Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.

Liability Indemnification and Insurance. 9.1 Each Party's ’s obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; 9.2 Either Party's ’s aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. 9.3 Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise. 9.4 Neither Party shall be liable, whether as a result of breach of contract, warranty, tort (including negligence), strict liability, indemnity, statute or otherwise, to the other Party for any special, incidental, indirect or economic loss or consequential damages. 9.5 Each Party undertakes to mitigate to the fullest extent reasonably practicable any loss or damage which it may incur in consequence of a matter giving rise to a claim under this Agreement. 9.6 Nothing in this Agreement shall exclude or restrict: (a) a Party’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or (b) losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. 9.5 9.7 The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: (a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 2,500,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.6 9.8 The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: (a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 2,500,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.7 9.9 At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6... 9.8 9.10 Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.

Liability Indemnification and Insurance. 9.1 Each Party's obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; 9.2 Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. 9.3 Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise. 9.4 Nothing in this Agreement shall exclude or restrict: (a) a Party’s Party‟s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s contractor‟s negligence or other tort; or (b) losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. 9.5 The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: (a) Employer’s Employer‟s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.6 The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: (a) Employer’s Employer‟s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.7 At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s Provider‟s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6.. 9.8 Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.

Liability Indemnification and Insurance. ‌ 9.1 Each Party's obligations and liabilities to the other arising out of or in connection with the provision of the Services and any other services provided hereunder shall be only those expressly set out in this Agreement together with those obligations which are implied by law but only to the extent that they cannot be restricted, limited or excluded; 9.2 Either Party's aggregate liability in contract, tort or otherwise for breaches of its duties to the other Party arising by reason of or in connection with this Agreement shall be limited to €5,000,000 in any year of the Term. 9.3 Subject to Clause 9.2, the Service Provider shall have no liability to the Client for any damage or loss of whatsoever nature (including, but not limited to, direct and indirect loss, economic loss, consequential loss, loss of business, loss of revenue, loss of contracts, loss of profits, loss of goodwill and/or loss of reputation) whether arising under contract, statute, tort, in equity or common law, and for any claims, demands, awards, costs and expenses of whatsoever nature whether arising pursuant to this Agreement or otherwise. 9.4 Nothing in this Agreement shall exclude or restrict: (a) a Party’s liability for physical damage to property, fraud or other criminal act, or for death or personal injury resulting from its own, or its sub-contractor’s negligence or other tort; or (b) losses which are the result of any deliberate breach of this agreement by a Party or its employees, agents or subcontractors or any breach of this agreement that results from the wilful act or wilful omission of a Party or its employees, agents or subcontractors. 9.5 The Service Provider undertakes and agrees to take out and maintain the following insurances with reputable insurers for the following terms: (a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public/Products liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.6 The Client undertakes and agrees to take out and maintain the following insurances with insurers approved by the Institute for the following terms: (a) Employer’s liability insurance for an amount of not less than €13,000,000 for each and every claim to be maintained at all times during the Term; (b) Public liability insurance for an amount of not less than €6,500,000 for each and every claim to be maintained at all times during the Term; (c) Professional indemnity insurance for an amount of not less than €5,000,000 for any one claim to be maintained at all times during the Term and for a period of seven years following the expiration or termination of this Agreement for whatever reason. 9.7 At the reasonable request of the Service Provider the Client shall increase the above insurance limits or obtain additional coverage. Prior to the execution of this Agreement and at any time thereafter at the Service Provider’s request the Client shall provide the Service Provider with such evidence as the Service Provider will require to verify that the requisite insurance policies are in place in accordance with the terms specified in Clause 9.6.. 9.8 Any changes to the above policies that may be made from time to time will be notified to the Service Provider in advance of the implementation of the change.