Common use of LIABILITY, INDEMNITY AND INSURANCE Clause in Contracts

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 obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract. 30.8 Without limitation to Condition 30.7 the Contractor shall effect and maintain and shall procure that all agents, professional consultants and Sub-contractors effect and maintain, employer‟s liability insurance in respect of Staff in accordance with any legal requirement from time to time in force. The Contractor shall also effect and maintain, and shall ensure that all agents, professional consultants and Sub-contractors involved in the supply of the Services effect and maintain, appropriate professional indemnity insurance cover during the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract. 30.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this Condition or a broker‟s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. 30.10 If, for whatever reason, the Contractor fails to give effect to and maintain the insurances required by the provisions of the Contract the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 30.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in Condition 30.7 and/or 30.8.

LIABILITY, INDEMNITY AND INSURANCE. 30.1 Neither Party excludes Nothing in this Services Agreement shall be construed to limit or limits exclude either Party’s liability to the other Party for: (a) death or personal injury caused by its negligence; or; (b) fraud; orfraud or fraudulent misrepresentation; (c) fraudulent misrepresentation; orany claim under clause 12.5; (d) any breach of claim under clause 32; or (e) any obligations implied by Section 2 of claim under the Supply of Goods and Services Xxx 0000indemnity in clause 20.3. 30.2 Subject to Conditions clause 30.3 and clause 30.4, the Contractor Delivery Partner shall indemnify the Authority and keep indemnified the Authority indemnified fully Lead Organisation in full from and 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 Delivery Partner of its obligations under the Contract this Services Agreement or the presence of the Contractor Delivery Partner 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 ContractorDelivery Partner, or any other loss which is caused directly or indirectly by any act or omission of the Contractor or their subcontractors. 30.3 Delivery Partner. The Contractor Delivery Partner 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 wilful misconduct of the Authority Lead Organisation or by breach by the Authority Lead Organisation of its obligations under the Contractthis Services Agreement. 30.4 30.3 Subject always to Condition 30.1clause 30.1 and clause 30.4, the annual 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 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 Services Agreement shall in no event exceed [£10m 1,030,000 – being 125% of total contract value]; and (ten million pounds sterlingb) per the annual aggregate liability under this Services Agreement of either Party for all Defaults shall in no event exceed the greater of [125%] of the Contract Year.Price payable by the Lead Organisation to the Delivery Partner in the Contract Year in which the liability arises. [Final indemnity values to be agreed prior to contract signature] 30.5 30.4 Subject always to Condition 30.1 and 30.6; clause 30.1, in no event shall either Party be liable to the other for any: (a) loss of profits, business, revenue or goodwill; and/or; (b) loss of business; (c) loss of revenue; (d) loss of or damage to goodwill; (e) loss of savings (whether anticipated or otherwise); or (f) any indirect or consequential loss or damage. 30.6 30.5 The Contractor shall not exclude liability for Lead Organisation may, among other things, recover as a direct loss: (a) any additional operational, operational and/or administrative costs and/or expenses or arising from the Delivery Partner’s Default; (b) any 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 charges rendered unnecessary and/or incurred by the Contractor, Lead Organisation arising out from the Delivery Partner’s Default; and (c) the additional cost of any replacement services for the remainder of the Contractor‟s and/or their Sub-contractors performance Contract Period following termination of their obligations under this Services Agreement as a result of a Default by the Contract, including death or personal injury, loss of or damage to property or Delivery Partner. 30.6 Nothing in this Services Agreement shall impose any other loss. Such policies shall include cover liability on the Lead Organisation in respect of any financial loss arising from any advice given or omitted to be given liability incurred by the Contractor. Such insurance Delivery Partner to any other person, but this shall not be maintained for the duration taken to exclude or limit any liability of the Contract Period and for Lead Organisation to the Delivery Partner that may arise by virtue of either a minimum breach of 6 (six) years following this Services Agreement or by negligence on the expiration or earlier termination part of the Contract. 30.8 Without limitation to Condition 30.7 the Contractor shall effect and maintain and shall procure that all agentsLead Organisation, professional consultants and Sub-contractors effect and maintain, employer‟s liability insurance in respect of Staff in accordance with any legal requirement from time to time in force. The Contractor shall also effect and maintain, and shall ensure that all agents, professional consultants and Sub-contractors involved in the supply of the Services effect and maintain, appropriate professional indemnity insurance cover during the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract. 30.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this Condition or a broker‟s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. 30.10 If, for whatever reason, the Contractor fails to give effect to and maintain the insurances required by the provisions of the Contract the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 30.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in Condition 30.7 and/or 30.8Lead Organisation’s employees, servants or agents.

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 wilful 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 1 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 Contractor’s and/or their Sub-contractors performance of their obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract. 30.8 Without limitation to Condition 30.7 the Contractor shall effect and maintain and shall procure that all agents, professional consultants and Sub-contractors effect and maintain, employer‟s employer’s liability insurance in respect of Staff in accordance with any legal requirement from time to time in force. The Contractor shall also effect and maintain, and shall ensure that all agents, professional consultants and Sub-contractors involved in the supply of the Services effect and maintain, appropriate professional indemnity insurance cover during the Contract Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Contract. 30.9 The Contractor shall give the Authority, on request, copies of all insurance policies referred to in this Condition or a broker‟s broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. 30.10 If, for whatever reason, the Contractor fails to give effect to and maintain the insurances required by the provisions of the Contract the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor. 30.11 The provisions of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Contract. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability referred to in Condition 30.7 and/or 30.8.