Common use of Liability of Service Provider Clause in Contracts

Liability of Service Provider. 19.1 The Service Provider shall be liable for and shall indemnify the Council against any expense, liability, loss, claim or proceedings arising under any statute or at common law in respect of personal injury to or death of any person arising out of or in the course of or caused by the performance of the Services, except to the extent that the same is due to any act or neglect of the Council or of any person for whom the Council is responsible. 19.2 The Service Provider shall be liable for and shall indemnify the Council against any expense, liability, loss, claim or proceedings in respect of any loss of or injury or damage to any property, real or personal, in so far as such loss, injury or damage arises out of or in the course of or by reason of the performance of the Services, and to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Service Provider, its employees or agents, or of any person employed or engaged by the Service Provider upon or in connection with the performance of the Services or any part, its employees or agents. 19.3 The Service Provider warrants that it has fully satisfied itself as to the scope and nature of the Services and of its obligations under the Contract and has made all necessary appropriate searches, enquiries and inspections.

Appears in 3 contracts

Samples: Grounds Maintenance Services Agreement, Service Agreement, Grounds Maintenance Services Agreement

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Liability of Service Provider. 19.1 20.1 The Service Provider shall be liable for and shall indemnify the Council against any expense, liability, loss, claim or proceedings arising under any statute or at common law in respect of personal injury to or death of any person arising out of or in the course of or caused by the performance of the Services, except to the extent that the same is due to any act or neglect of the Council or of any person for whom the Council is responsible. 19.2 20.2 The Service Provider shall be liable for and shall indemnify the Council against any expense, liability, loss, claim or proceedings in respect of any loss of or injury or damage to any property, real or personal, in so far as such loss, injury or damage arises out of or in the course of or by reason of the performance of the Services, and to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Service Provider, its employees or agents, or of any person employed or engaged by the Service Provider upon or in connection with the performance of the Services or any part, its employees or agents. 19.3 20.3 The Service Provider warrants that it has fully satisfied itself as to the scope and nature of the Services and of its obligations under the Contract and has made all necessary appropriate searches, enquiries and inspections.

Appears in 1 contract

Samples: Service Agreement

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