LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider is solely responsible for carrying out its obligations under this Contract and the Department is in no way liable for the actions of the Training Provider or the Training Provider Personnel.
13.2 The Training Provider releases the Department from all liabilities and Claims directly or indirectly incurred or suffered by the Training Provider or the Training Provider Personnel arising from or in connection with the Department's exercise (or purported exercise in good faith) of its rights, powers and functions under this Contract, including termination of this Contract under Clause 17.
13.3 To the maximum extent permitted by Xxx, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (on behalf of whom the Department has agreed this Clause 13.3) from and against all Loss which it or they may incur or suffer and all Claims which may be brought or made against it or them by any third party arising out of or in connection with:
a) the provision of, or failure to provide, Training Services by or on behalf of the Training Provider;
b) any act or omission of the Training Provider, its officers, employees, agents or subcontractors in connection with this Contract, the Funds or the provision of the Training Services;
c) any breach by the Training Provider of any obligation under this Contract (including breach of any warranty given under this Contract, and whether or not the breach is a Material Breach) or at Law;
d) any negligent, fraudulent, reckless, wilfully wrongful, unlawful or other wrongful act or omission of the Training Provider or any Training Provider Personnel as a result of the provision of the Training Services or otherwise in connection with this Contract;
e) the loss of, or damage to, any property (including property of the Department) or data as a result of the provision of the Training Services or otherwise in connection with this Contract;
f) the death of, disease or injury to any person as a result of the provision of the Training Services or otherwise in connection with this Contract;
g) any infringement, or alleged infringement, of any Intellectual Property Rights by the Training Provider or any Training Provider Personnel that occurs directly or indirectly as a result of the provision of the Training Services or otherwise in connection with this Contract; or
h) the Training Provider suspending or otherwise ceasing to deliver the Tr...
LIABILITY, INDEMNITY AND INSURANCE. 9.1.1 Nothing in this Contract shall be construed to limit or exclude either Party's liability for:-
(a) death or personal injury caused by its negligence or that of its Staff; or
(b) fraud or fraudulent misrepresentation by it or its Staff;
(c) any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000;
(d) any claim under Clause 9.3; or
(e) any claim in respect of any breach of Clause 7.3, or any other matter which, by Law, may not be limited or excluded.
9.1.2 Subject to Clause 9.1.3 and Clause 9.1.4, the Supplier shall indemnify and keep the Authority indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non- performance by the Supplier of its obligations under the Contract or the presence of the Supplier or any Staff on the 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 Supplier, or any other loss which is caused directly or indirectly by any act or omission of the Supplier. The Supplier 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.
9.1.3 Subject to Clause 9.1.1 and Clause 9.1.4, the liability of either Party for Defaults shall be subject to the following financial limits:-
(a) the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one hundred thousand pounds sterling (£100,000); and
(b) except as set out in Clause 9.1.1
(a) the annual aggregate liability under the Contract of either Party for all Defaults shall in no event exceed the lesser of two hundred thousand pounds sterling (£200,000) or one hundred and fifty per cent (150%) of the Contract Price payable by the Authority to the Supplier in the year in which the liability arises.
LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that:
a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and
b) it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk.
13.2 To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services.
13.3 The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim.
13.4 The Training Provider must, at its own expense:
a) take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances;
b) maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and
c) comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.
13.5 The Training Provider must:
a) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and
b) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.
LIABILITY, INDEMNITY AND INSURANCE. 5.1 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.
5.2 In the event that the Service Provider fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Client.
5.3 The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the Agreement shall be limited to the sum defined therein.
5.4 The Service Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Service Provider.
5.5 Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Service Provider’s liability for death or personal injury.
5.6 Subject to sub-Clause 5.3 of the Agreement the Service Provider shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of the Agreement.
5.7 The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees.
5.8 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
LIABILITY, INDEMNITY AND INSURANCE. 9.1 Notwithstanding any other provision in the Contract, neither Party excludes or limits liability to the other Party for:
(a) death or personal injury caused by its negligence;
(b) Fraud or fraudulent misrepresentation; or
(c) any breach of any obligations implied by section 12 of the Sale of Goods Xxx 0000 or Parts I and II of the Supply of Goods and Services Xxx 0000.
9.2 The Supplier shall indemnify and keep indemnified the Authority against all claims, proceedings, demands, actions, damages, costs, breach of statutory duty, expenses and any other liabilities which arise in tort (including negligence) default or breach of the Contract to the extent that any such loss or claim is due to the breach of contract, negligence, wilful default or Fraud of itself or of Staff or Sub-contractors save to the extent that the same is directly caused by the negligence, breach of the Contract or applicable law by the Authority.
9.3 The Supplier shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Supplier.
9.4 Subject to Clause 9.1:
(a) neither Party is liable to the other for any:
(i) loss of profits, business, revenue or goodwill;
(ii) loss of savings (whether anticipated or otherwise); and/or
(iii) indirect or consequential loss or damage
(b) each Party’s total aggregate liability in respect of all claims, losses damages, whether arising from tort (including negligence), breach of contract or otherwise under or in connection with the Contract, shall not exceed £1,000,000 (one million pounds) or 10x the value of the Contract whichever is the lower amount.
9.5 The Supplier shall, with effect from the Commencement Date and for such period as necessary to enable the Supplier to comply with its obligations under the Contract, take out and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Supplier, arising out of the Supplier’s performance of its obligations under the Contract, including employer’s liability, death or personal injury, loss of or damage to property or any other loss, including financial loss arising from any advice given or omitted to be given by the Supplier. Such insurance shall be maintained for the Contract Term and for a minimum of 6 years following the end of the Contract.
9.6 The Supplier shall give the Authority, on request, copi...
LIABILITY, INDEMNITY AND INSURANCE. 7.1 To the fullest extent permitted by law, the Licensor shall not be liable to the Licensee for any costs, expenses, loss or damage (whether direct, indirect or consequential and whether economic or other) arising from the Licensee’s exercise of the rights granted to it under this Agreement save that the Licensor shall indemnify Licensee for costs, expenses losses or damages directly arising from the licensor’s breach of the warranties set forth in Section 8.2.
7.2 The Licensee shall indemnify the Licensor against all liabilities, costs, expenses, damages and losses (including and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Licensor arising out of or in connection with the Licensee’s exercise of the rights granted to it under this Agreement:
(a) the Licensee’s exercise of the rights granted to it under this Agreement;
(b) the Licensee’s breach or negligent performance or non-performance of this Agreement, including any product liability claim relating to the Products manufactured, supplied or put into use by the Licensee;
(c) the enforcement of this Agreement; and
(d) any claim made against the Licensor by a third party for death, personal injury or damage to property arising out of or in connection with defective Products.
7.3 An indemnity given by a Party (“the Indemnifying Party”) to the other (“the Indemnified Party”) shall not apply to any liabilities, costs, expenses, damages or losses incurred by the Indemnified Party as a result of any material breach by the Indemnified Party of any term of this Agreement, or any act of negligence or wilful misconduct by the Indemnified Party.
7.4 The Licensee shall, at its expense, carry product liability and comprehensive general liability insurance coverage of an amount adequate to support its liabilities under this Agreement. The Licensee shall ensure that such insurance policy names the Licensor as co-insured with the Licensee and remains in effect throughout the duration of this agreement and for a period of three years after termination or expiry of the Agreement, and shall supply the Licensor with a copy of such policy on request.
LIABILITY, INDEMNITY AND INSURANCE. 3.4.1 We shall not be liable for any loss or damage caused by any Event Outside of our Control or for any indirect or consequential losses suffered by you; this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any of our facilities or equipment.
3.4.2 We shall take reasonable steps to maintain a level of security which is normal for a UK marina at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on our part, Vessels, gear, equipment or other goods are left with us at your own risk and you should ensure that you have appropriate insurance against all relevant risks.
3.4.3 We shall not be under any duty to salvage or preserve any Vessel or other property from the consequence of any defect in the Vessel or property concerned unless we have been expressly engaged to do so by you on commercial terms. Similarly we shall not be under any duty to salvage or preserve your Vessel or other property from the consequences of an accident for which we are not responsible. However, we reserve the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment and in the interests of good estate management immediate action is considered necessary. Where it does so we shall be entitled to charge you on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
3.4.4 You may yourselves be liable for any loss or damage caused by you, your crew or your Vessels and you shall be obliged to maintain adequate insurance including third party liability cover for not less than £3,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. You shall be obliged to produce evidence to us of such insurance within 7 days of being requested to do so by us.
3.4.5 Nothing in the Agreement shall be deemed to exclude or limit our liability for death or personal injury caused by our negligence.
LIABILITY, INDEMNITY AND INSURANCE. 3.1 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a customer’s or third party’s property); this extends to loss or damage to Vessels, gear, equipment or other property left with it for work or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or equipment.
3.1.1 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises, and to maintain the facilities and equipment at the Premises and in the Harbour in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, Vessels, gear, equipment and other property are left with the Company at the Owner’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.
3.1.2 The Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner on commercial terms. Similarly the Company shall not be under any duty to salvage or preserve an Owner’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence of some other breach of duty on its part. However the Company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Owner concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
3.1.3 Owners may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance including third party liability cover for not less than £2,000,000, and cover against wreck removal and salvage, and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so.
3.1.4 The Owner shall, and shall procure that his crew, members of his family comply with all applicable laws when using the Company’s Harbour and P...
LIABILITY, INDEMNITY AND INSURANCE. 27.1 Neither Party excludes or limits liability to the other Party for:
27.1.1 death or personal injury caused by its negligence; or
27.1.2 Fraud; or
LIABILITY, INDEMNITY AND INSURANCE. 30.1 Neither Party excludes or limits liability to the other Party for:
(a) death or personal injury caused by its negligence; or
(b) fraud; or
(c) fraudulent misrepresentation; or
(d) any breach of any obligations implied by Section 2 of the Supply of Goods and Services Xxx 0000.
30.2 Subject to Conditions 30.3 and 30.4, the Contractor shall indemnify the Authority and keep the Authority indemnified fully against all claims, proceedings, actions, damages, costs, legal 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 Premises, including without limitation, 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 or their subcontractors.
30.3 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 willful misconduct of the Authority or by breach by the Authority of its obligations under the Contract.
30.4 Subject always to Condition 30.1, the annual aggregate liability of either Party for all Defaults resulting in direct loss including, but not limited to, direct loss of or damage to the property of the other under or in connection with the Contract, and for all Defaults under this Contract shall in no event exceed £10m (ten million pounds sterling) per Contract Year.
30.5 Subject always to Condition 30.1 and 30.6; in no event shall either Party be liable to the other for any:
(a) loss of profits, business, revenue or goodwill; and/or
(b) indirect or consequential loss or damage
30.6 The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor.
30.7 The Contractor shall effect and maintain, and shall procure that their Sub-contractors effect and maintain, with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor, arising out of the Contractor‟s and/or their Sub-contractors performance of their oblig...
