Common use of LIABILITY, INDEMNITY AND INSURANCE Clause in Contracts

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. 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 this Agreement shall be limited to the sum defined therein£1,000,000. 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 this 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 this 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 this 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. 5.1 7.1. The Service Provider Supplier shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance. 5.2 7.2. In the event that the Service Provider Supplier 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 7.3. 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 Supplier 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 ProviderSupplier. 5.5 7.4. Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Service ProviderSupplier’s liability for death or personal injury. 5.6 7.5. Subject to sub-Clause 5.3 of the Agreement the Service Provider Supplier shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service ProviderSupplier’s breach of the Agreement. 5.7 7.6. The Client shall indemnify the Service Provider Supplier 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 ProviderSupplier) caused by the Client or its agents or employees. 5.8 7.7. 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. 5.1 6.1 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 6.2 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 6.3 The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the this Agreement shall be limited to the sum defined therein£xxx.xx +VAT. 5.4 6.4 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 6.5 Nothing in these Terms and Conditions nor in the this Agreement shall limit or exclude the Service Provider’s liability for death or personal injury. 5.6 6.6 Subject to sub-Clause 5.3 of the Agreement 6.3 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 this Agreement. 5.7 6.7 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 6.8 Neither Party shall be liable to the other or be deemed to be in breach of the this 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. 5.1 6.1 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 6.2 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 6.3 The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the this Agreement shall be limited to the sum defined therein£<<insert sum>>. 5.4 6.4 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 6.5 Nothing in these Terms and Conditions nor in the this Agreement shall limit or exclude the Service Provider’s liability for death or personal injury. 5.6 6.6 Subject to sub-Clause 5.3 of the Agreement 6.3 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 this Agreement. 5.7 6.7 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 6.8 Neither Party shall be liable to the other or be deemed to be in breach of the this 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. 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 this Agreement shall be limited to the sum defined therein£ 1, 000, 000. 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 this 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 this 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 this 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. 5.1 The Service Provider Supplier 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 Supplier 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 ClientBuyer. 5.3 The Service ProviderSupplier’s total liability for any loss or damage caused as a result of its negligence or breach of the this Agreement shall be limited to the sum defined therein£10,000,000 any one Occurrence but limited to £5,000,000 any one Occurrence in respect of claims arising from acts of Terrorism including cyberterrorism. 5.4 The Service Provider Supplier shall not be liable for any loss or damage suffered by the Client Buyer that results from the ClientBuyer’s failure to follow any instructions given by the Service ProviderSupplier. 5.5 Nothing in these Terms and Conditions nor in the this Agreement shall limit or exclude the Service ProviderSupplier’s liability for death or personal injury. 5.6 Subject to sub-Clause 5.3 of the Agreement the Service Provider Supplier shall indemnify the Client Buyer against any costs, liability, damages, loss, claims or proceedings arising out of the Service ProviderSupplier’s breach of the this Agreement. 5.7 The Client Buyer shall indemnify the Service Provider Supplier 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 ProviderSupplier) caused by the Client Buyer or its agents or employees. 5.8 Neither Party shall be liable to the other or be deemed to be in breach of the this 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. 5.1 1. The Service Provider shall ensure that it has in place at all times suitable and valid insurance insur- ance 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 2. The Service Provider’s total liability for any loss or damage caused as in respect of any individual oc- xxxxxxxx or a result series thereof arising out of its negligence or breach any one event shall not exceed the amount of net fees payable by the Client to the Service Provider pursuant to the relevant Work Order in place at the time of the Agreement shall be limited to the sum defined therein.occurrence or occurrences.. 5.4 3. 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 4. 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 5. 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 be- longing to any third parties appointed by the Service Provider) caused by the Client or its agents or employees. 5.8 6. 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. 5.1 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 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 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 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 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 6. Subject to sub-Clause 5.3 7.3 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 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 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. 5.1 6.1. 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 6.2. 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 6.3. The Service Provider’s total liability for any loss or damage caused as a result of its negligence or breach of the this Agreement shall be limited to the sum defined therein£xxx.xx +VAT. 5.4 6.4. 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 6.5. Nothing in these Terms and Conditions nor in the this Agreement shall limit or exclude the Service Provider’s liability for death or personal injury. 5.6 6.6. Subject to sub-Clause 5.3 of the Agreement 6.3 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 this Agreement. 5.7 6.7. 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 6.8. Neither Party shall be liable to the other or be deemed to be in breach of the this 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. 5.1 6.1 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 6.2 the event that total liability of the Service Provider, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed a sum equal to the Fees payable by the Client in the calendar year in which the liability arises 6.3 The net contribution referred to in sub-Clause 6.2 shall be calculated on the basis of what is deemed just and equitable for the Service Provider fails to perform pay taking into account 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 responsibility for any the loss or damage caused as a result in question and comparing that responsibility with that of its negligence all other third parties providing services for the Project for the same loss or breach of damage. The net contribution shall be assessed on the following assumptions: 6.3.1 that such third parties have provided to the Client contractual undertakings which are no less onerous than those under the Agreement shall be limited with the Service Provider with respect to liability for such loss or damage; 6.3.2 that there are no exclusions or limitations of liability nor joint insurance or co- insurance provisions between the Client and any such third party; and 6.3.3 that such third parties are deemed to have paid to the sum defined thereinClient such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage in question. 5.4 6.4 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 6.5 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 6.6 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. 5.1 7.1 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 7.2 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 ClientCustomer. 5.3 7.3 The Service Provider’s entire and total liability for any consequential loss or damage caused as in respect of any individual or a result series of its negligence occurrences is limited pro rata to the Project’s progress, to the total amount payable under this Agreement. 7.4 Any loss or breach of the Agreement damage shall be limited calculated on the basis of what is deemed just and equitable for the Service Provider to pay taking into account the Service Provider’s responsibility for the loss or damage in question and comparing that responsibility with that of all other third parties providing services for the Project for the same loss or damage. The net contribution shall be assessed on the following assumptions: 7.4.1 that such third parties have provided to the sum defined thereinCustomer contractual undertakings which are no less onerous than those under this agreement with the Service Provider with respect to liability for such loss or damage; 7.4.2 that there are no exclusions or limitations of liability nor joint insurance or co-insurance provisions between the Customer and any such third party; and 7.4.3 that such third parties are deemed to have paid to the Customer such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for the consequential loss or damage in question. 5.4 7.5 The Service Provider shall not be liable for any loss or damage suffered by the Client Customer that results from the ClientCustomer’s failure to follow any instructions given by the Service Provider. 5.5 7.6 Nothing in these Terms and Conditions nor in the Agreement this 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 7.7 The Client Customer 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 Customer or its agents agents, contractors or employees. 5.8 7.8 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement this 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. 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 this 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 this 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 this 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 this 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. 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 this Agreement shall be limited to the sum defined thereinvalue of the contract to a maximum value of £1000. 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 this 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 this 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 this 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. 5.1 The Service Provider 6.1 Both parties shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance, if coming to either party's premises for provision of services. 5.2 6.2 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 ClientService Provider. 5.3 6.3 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 6.4 The Service Provider shall not be liable for any loss or damage suffered by the Client Service Provider that results from the ClientService Provider’s failure to follow any instructions given by the Service Provider. 5.5 6.5 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 6.6 Subject to sub-Clause 5.3 6.3 of the Agreement the Service Provider shall indemnify the Client Service Provider against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of the Agreement. 5.7 6.7 The Client Service Provider 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 Service Provider or its agents or employees. 5.8 6.8 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. 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 this Agreement shall be limited to the sum defined thereinamount of fees charged for such work in respect of which the negligence or breach of agreement has arisen. 5.4 The Service Provider shall not be liable for any loss or damage suffered by the Client that which 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 this 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 5.2 the Service Provider shall indemnify the Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s provision of the Services or any breach of the this 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 this 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. 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 ClientMember. 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 Member that results from the ClientMember’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 Member against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of the Agreement. 5.7 The Client Member 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 Member 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 Parties obligations if the delay or failure is due to any cause beyond that Party’s Parties reasonable control.

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 insuranceliabilityinsurance. 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 thereinamount paid for the services in the preceding two years. 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 The Service Provider shall not be liable for any consequential loss suffered by the Client as a result of using the services. 5.6 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 5.7 Subject to sub-Clause 5.3 5.2 of the Agreement the Service Provider shall indemnify the indemnifythe Client against any costs, liability, damages, loss, claims or proceedings arising out of the Service Provider’s breach of the Agreement. 5.7 5.8 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 theService Provider) caused by the Client or its agents or employees. 5.8 5.9 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 PartythatParty’s reasonable control.