Common use of OPTIONAL CLAUSES Clause in Contracts

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement that one or more of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided in paragraph 7 of the front sheet of the Agreement. 20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated in paragraph 7(c) of the front sheet of this Agreement or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement that one or more of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided in paragraph 7 of the front sheet of the Agreement. 20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated in paragraph 7(c) of the front sheet of this Agreement or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement that one or more of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided in paragraph 7 of the front sheet of the Agreement. 20.3 Notwithstanding Without prejudice to clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated in paragraph 7(c) of the front sheet of this Agreement or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement writing that one or more of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided agreed in paragraph 7 of the front sheet of the Agreementwriting between them. 20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated agreed in paragraph 7(c) of writing between the front sheet of this Agreement Barrister and the Solicitor or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement that one or more of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided in paragraph 7 of the front sheet of the Agreement. 20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated in paragraph 7(c) of the front sheet of this Agreement or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall hall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph 7 on the front sheet of the Agreement writing that one or more of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided agreed in paragraph 7 of the front sheet of the Agreementwriting between them. 20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated agreed in paragraph 7(c) of writing between the front sheet of this Agreement Barrister and the Solicitor or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the BarristerXxxxxxxxx’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.

OPTIONAL CLAUSES. 20.1 None of clauses 20.2 to 20.6 below have effect unless the Barrister and the Solicitor specifically agree in paragraph inparagraph 7 on the front sheet of the Agreement that one or more ormore of them should do so. 20.2 The Barrister shall arrange and maintain professional indemnity insurance in the minimum sum provided in paragraph 7 of the front sheet of the Agreement. 20.3 Notwithstanding clause 12, the Barrister's liability (whether at common law (including in negligence), in equity or otherwise) in respect of (a) any breach of the Barrister's obligations in providing the Services, and/or (b) all breaches of the Barrister's obligations in providing the Services arising from or which are attributable to (i) the same act or omission, (ii) a series or group of related acts or omissions, (iii) a series or group of similar acts or omissions or (iv) the same originating cause shall be limited to the lower of the sum stated in paragraph 7(c) of the front sheet of this Agreement or, if the Barrister is solely liable as a result of breach of these General Terms as set out in clause 12.4, the sum stated in clause 12.4. 20.4 If the Solicitor and the Barrister agree that the Solicitor will obtain from the Lay Client and hold in the Solicitor's client account monies on account of the Barrister’s fees but the Solicitor does not receive in full those monies by the date agreed between the Solicitor and the Barrister for their receipt: (a) the Solicitor shall promptly advise the Barrister that the Solicitor has not received in full those monies on account; and (b) the Barrister shall have no further obligation to perform the Services; but (c) if the Solicitor fails to advise the Barrister that the Solicitor has not received in full those monies on account, the Solicitor shall be personally liable to pay the paythe Barrister’s fees up to a sum equal to the monies on account that the Solicitor should have received but did not receive, whether or not the Solicitor is paid by the bythe Lay Client. 20.5 If the Solicitor has agreed with the Barrister that the Solicitor will procure that the Lay Client provides monies on account of the Barrister's fees and that those monies on account will be held by Bar Services Company Limited (“BARCO”) on escrow, the Solicitor shall procure that the Lay Client executes such documents and agreements as may reasonably mayreasonably be required by BARCO for that purpose. 20.6 Where the Barrister has agreed that the Solicitor may store the Barrister's work product in the Solicitor's internal know-how system or equivalent ("KH System"): (a) that work product must be stored and managed in accordance with "Use of Counsel's opinions – copyright and confidentiality" published by The Law Society; (b) the Barrister accepts no duty of care, whether to the Solicitor or anyone else, in relation to the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System; (c) the Solicitor agrees that the Barrister shall have no liability of any kind (whether to the Solicitor or anyone else) arising out of or connected with the use of the Barrister’s work product as a result of its storage on storageon the Solicitor's KH System; (d) the Solicitor agrees to indemnify the Barrister against any loss which the Barrister may suffer arising out of or connected with the use of the Barrister’s work product as a result of its storage on the Solicitor's KH System.