RECOVERABLE LOSS Clause Samples

RECOVERABLE LOSS. No provision in this Agreement shall prevent the University from recovering any Losses it incurs in relation to: legal fees, on a solicitor/client basis; other professional charges and expenses; disbursements; costs of investigation including forensic investigation; cost of breach notification, including notifications to Data Subjects, ICO(s) or any other parties including listing authorities whether notification is required under Applicable Law or otherwise made in the reasonable belief that notification is necessary; cost of complaints handling, including providing Data Subjects with credit and/or fraud monitoring services and/or credit reference checks, setting up contact centres (e.g. call centres), and making ex gratia payments; costs of claims; cost of litigation; costs of settlement, including ex gratia payments; judgment interest; and penalties, including fines. To the extent that the Associate has an entitlement under Data Protection Laws to claim from the University compensation paid by the Associate to a Data Subject or third party as a result of a breach of Data Protection Laws (in full or in part) by the University, the University shall be liable only for such amount as directly relates to the University’s responsibility for any damage caused to the relevant Data Subject or third party. For the avoidance of doubt the University shall only be liable to make payment to the Associate under this Clause 3.2, upon receipt of evidence from the Associate, which shall be to the University’s reasonable satisfaction and that clearly demonstrates: that the University has breached Data Protection Laws; that such breach contributed (in part or in full) to the harm caused entitling the relevant Data Subject or third party to receive compensation in accordance with Data Protection Laws; and the proportion of responsibility for the harm caused to the relevant Data Subject or third party which is attributable to the University.

RECOVERABLE LOSS. 3.1 Notwithstanding any other clause, Centre for Assessment Ltd shall not be prevented from recovering any Losses it incurs.

RECOVERABLE LOSS. The provisions in Clause 30.4 shall not prevent a member of the University Group from recovering the following Losses: all Losses incurred by any member of the University Group to third parties (including any tenants of the University Group) where those Losses have arisen due to the negligence or wilful misconduct of the Service Provider (or the Service Provider Personnel); additional and/or administrative costs and expenses reasonably incurred by any member of the University Group arising from a material breach of this Agreement by the Service Provider; (including costs of implementing and procuring services in substitution to the Services following termination by the University); any fines arising from a breach by the Service Provider of any Applicable Laws and Regulations; the costs and reasonable expenses incurred by any member of the University Group (whether incurred internally or by engaging a third party) to implement any workaround to mitigate the impact of any failure by the Service Provider (or its subcontractors) to provide the Services or to perform its obligations under this Agreement; any and all amounts payable by the Service Provider in accordance with Clause 11.2.1(g), Clause 13.1.10, Clause 26.3, Clause 27.4, Clause 33.4.7 and Schedule 4, together with any interest payable on those sums; and the costs and reasonable expenses (whether incurred internally or by engaging a third party) of restoring, reconstructing and testing any data lost, corrupted or damaged as a result of a breach by the Service Provider of this Agreement. Each of the parties shall at all times take reasonable steps to minimise and mitigate any loss for which the relevant party is entitled to bring a claim against the other party pursuant to this Agreement whether by indemnity or otherwise. 31INSURANCE During the Term and, in the case of “claims made” insurances for a period of six (6) years following the termination of this Agreement, the Service Provider shall (subject to Clause 7.1.6) ensure that it has in place and maintains, with a reputable insurer of sufficient financial standing the following classes of insurance: Employers Liability £50,000,000 (fifty million) for any one claim or series of claims arising out of one cause Public Liability £50,000,000 (fifty million) for any one event or all events of a series consequent on or attributable to one original cause Product Liability £10,000,000 (ten million) for any one event or all events of a series consequent on ...

RECOVERABLE LOSS. Notwithstanding any other clause, the Recipient shall not be prevented from recovering any Losses it incurs.