Common use of LIABILITY, INDEMNITY AND INSURANCE Clause in Contracts

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, copies of all insurance policies referred to in this Clause 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. 9.7 If the Supplier fails to comply with Clauses 9.5 and 9.6 the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. 9.8 The provisions of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under the Contract. 9.9 The Supplier shall not take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to the Supplier, which would entitle any insurer to refuse to pay any claim under any insurance policy in which the Supplier is an insured, a co-insured or additional insured person.

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 Act 1979 or Parts I and II of the Supply of Goods and Services Xxx 0000Act 1982. 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, copies of all insurance policies referred to in this Clause 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. 9.7 If the Supplier fails to comply with Clauses 9.5 and 9.6 the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. 9.8 The provisions of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under the Contract. 9.9 The Supplier shall not take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to the Supplier, which would entitle any insurer to refuse to pay any claim under any insurance policy in which the Supplier is an insured, a co-insured or additional insured person.

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, copies of all insurance policies referred to in this Clause 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. 9.7 If the Supplier fails to comply with Clauses 9.5 and 9.6 the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. 9.8 The provisions of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under the Contract. 9.9 The Supplier shall not take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to the Supplier, which would entitle any insurer to refuse to pay any claim under any insurance policy in which the Supplier is an insured, a co-co- insured or additional insured person.

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 Customer 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 AuthorityCustomer. 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 AuthorityCustomer, on request, copies of all insurance policies referred to in this Clause 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. 9.7 If the Supplier fails to comply with Clauses 9.5 and 9.6 the Authority Customer may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. 9.8 The provisions of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under the Contract. 9.9 The Supplier shall not take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to the Supplier, which would entitle any insurer to refuse to pay any claim under any insurance policy in which the Supplier is an insured, a co-insured or additional insured person.

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 Act 1979 or Parts I and II of the Supply of Goods and Services Xxx 0000Act 1982. 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, copies of all insurance policies referred to in this Clause 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. 9.7 If the Supplier fails to comply with Clauses 9.5 and 9.6 the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. 9.8 The provisions of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under the Contract. 9.9 The Supplier shall not take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to the Supplier, which would entitle any insurer to refuse to pay any claim under any insurance policy in which the Supplier is an insured, a co-insured or additional insured person. 9.10 To the extent permitted by law, in no event shall the Supplier or its suppliers be liable to the Authority or any third party for costs of procurement of substitute products or services, lost profits, data or business, or for any indirect, special, incidental, or consequential, damages of any kind arising out of or in connection with, without limitation, the sale of the covered hardware or service contract, the use of the covered hardware, the items and services provided hereunder, supplier’s performance hereunder or any of these terms and conditions, however arising or caused and on any theory of liability (whether in contract, tort (including negligence), misrepresentation, statutory or otherwise). 9.11 To the extent permitted by law, the Supplier’s total and cumulative liability to the Authority or any third party arising out of or in connection with these terms and conditions, including without limitation, the covered hardware or items provided hereunder (including use thereof), the service contract, the services provided hereunder, and supplier’s performance hereunder, whether in contract, tort (including negligence), misrepresentation, statutory duty or otherwise, shall in no event exceed the amount paid to the Supplier for the service contract and billable services.

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 Act 1979 or Parts I and II of the Supply of Goods and Services Xxx 0000Act 1982. 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-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 47,820 (one million pounds) or 10x the value of the Contract whichever is the lower amountContract). 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, copies of all insurance policies referred to in this Clause 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. 9.7 If the Supplier fails to comply with Clauses 9.5 and 9.6 the Authority may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Supplier. 9.8 The provisions of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under the Contract. 9.9 The Supplier shall not take any action or fail to take any reasonable action, or (to the extent that it is reasonably within its power) permit anything to occur in relation to the Supplier, which would entitle any insurer to refuse to pay any claim under any insurance policy in which the Supplier is an insured, a co-insured or additional insured person.