Common use of Warranties, liability and indemnities Clause in Contracts

Warranties, liability and indemnities. 8.1 The Supplier warrants that it will use reasonable care and skill in performing the services to a standard, which conforms to generally accepted industry standards and practices. 8.2 If any part of the services is performed negligently or in breach of the provisions of this agreement then, at the request of The Customer, The Supplier will re-perform the relevant part of the services, always subject to clauses 8.3 below. 8.3 Except in the case of death or personal injury caused by The Supplier’s negligence, The Supplier’s liability under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed fees paid to The Supplier under this agreement. 8.4 Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 8.5 The Customer shall indemnify and hold harmless The Supplier from and against all claims and losses arising from loss, damage, liability, injury to The Suppliers’ employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer by The Supplier, its employees or suppliers, or supplied to the Supplier by the Customer within or without the scope of this agreement. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 8.6 Each of the parties acknowledges that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law. Nothing in this agreement excludes liability for fraud.

Warranties, liability and indemnities. 8.1 10.1 The Supplier Company warrants that it will use reasonable care and skill in performing the services to a standard, which conforms to generally accepted industry standards and practicesServices. 8.2 10.2 If any part of the services Consultancy Services is performed negligently or in breach of the provisions of this agreement Agreement then, at the request of The Customerthe Customer (if the request is given within 6 months of the time scale for performance of the Services), The Supplier the Company will re-perform the relevant part of the servicesServices, always subject to clauses 8.3 Clause 10.4 and Clause 10.5 below. 8.3 10.3 The Company expressly does not warrant that any result or objective whether stated in this Agreement or not shall be achieved, be achievable or be attained at all or by a given time scale for the performance of the Services or any other date. 10.4 Except in the case of death or personal injury caused by The Supplier’s the Company's negligence, The Supplier’s the Company's liability under or in connection with this agreement Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed fees the Fees paid to The Supplier the Company under this agreementAgreement. The provisions of this Clause 10.4 shall not apply to Clause 10.6. 8.4 10.5 Neither party Party shall be liable to the other party Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this Clause 10.5 shall not apply to Clause 10.6. 8.5 10.6 The Customer shall indemnify and hold harmless The Supplier the Company from and against all claims Claims and losses Losses arising from loss, damage, liability, injury to The Suppliers’ the Company employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The the Customer by The Supplierthe Company, its employees or suppliersCompany’s, or supplied to the Supplier Company by the Customer within or without the scope of this agreementAgreement. Claims 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses 'Losses' shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 8.6 10.7 Each of the parties Parties acknowledges that, in entering into this agreementAgreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement Agreement to the fullest extent permitted by law. Nothing in this agreement Agreement excludes liability for fraud. 10.8 To the extent permitted by law the Company shall in no event be liable to the Customer for any loss of business, loss of opportunity, or loss of profits or any form of indirect or consequential loss arising in relation to the Products and Services provided by the Company. 10.9 Nothing in the Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the negligence of the Company’s agents, employees or sub Agreementors.

Warranties, liability and indemnities. 8.1 The Supplier 10.1 NCC warrants that it has the required power and necessary authority to enter into this Agreement. 10.2 Breckland warrants that it has the required power and necessary authority to enter into this Agreement. 10.3 NCC warrants that it will use reasonable care and skill in performing the services Services and to a standard, standard which conforms to generally accepted industry standards and practices. 8.2 10.4 If any part of the services Services is performed negligently or in breach of the provisions of this agreement Agreement then, at the request of The CustomerBreckland, The Supplier NCC will re-perform the relevant part of the servicesServices, always subject to clauses 8.3 Clauses 10.6 and 10.8 below. 8.3 10.5 Except in the case of death or personal injury caused by The Supplier’s NCC's negligence, The Supplier’s NCC's liability under or in connection with this agreement Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed fees the Charges paid to The Supplier NCC under this agreementAgreement. The provisions of this Clause 10.5 shall not apply to Clause 10.7. 8.4 10.6 Neither party Party shall be liable to the other party Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this Clause 10.6 shall not apply to Clause 10.7. 8.5 The Customer 10.7 Breckland shall indemnify and hold harmless The Supplier NCC from and against all claims Claims and losses Losses arising from loss, damage, liability, injury to The Suppliers’ NCC employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer Breckland by The SupplierNCC, its employees or suppliersconsultants, or supplied to the Supplier NCC by the Customer Breckland within or without the scope of this agreementAgreement. Claims 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses 'Losses' shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 8.6 10.8 Each of the parties Parties acknowledges that, in entering into this agreementAgreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement Agreement to the fullest extent permitted by law. Nothing in this agreement Agreement excludes liability for fraud.

Warranties, liability and indemnities. 8.1 9.1 The Supplier Contractor warrants that it will use reasonable care and skill in performing the services Maintenance Services to a standard, which conforms to the standard generally accepted industry standards and practiceswithin the industry. However, the Contractor provides no warranty that any Telephone Equipment shall be restored to good working order by any particular time. 8.2 9.2 If the Contractor performs the Maintenance Services (or any part of the services is performed Maintenance Services) negligently or materially in breach of the provisions of this agreement Agreement , then, at if requested by the request of The CustomerClient, The Supplier the Contractor will re-perform the relevant part of the servicesMaintenance Services, always subject to clauses 8.3 9.3 and 9.4 below. The Client's request must be made within 7 days of the date of performance of the Maintenance Services in question. 8.3 9.3 Except in the case of death or personal injury caused by The Supplier’s the Contractor's negligence, The Supplier’s the liability of the Contractor under or in connection with this agreement Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, howsoever shall not exceed fees the Charges paid by the Client to The Supplier the Contractor under this agreementAgreement. The provisions of this clause 9.3 shall not apply to clause 9.5. 8.4 9.4 Neither party Party shall be liable to the other party Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business (whether direct or goodwillindirect), business, goodwill or extra expenses caused by the unauthorised use of your telephone system. The provisions of this clause 9.4 shall not apply to clause 9.5. 8.5 9.5 The Customer Client shall indemnify and hold harmless The Supplier the Contractor from and against all claims Claims and losses Losses arising from loss, damage, liability, injury to The Suppliers’ the Contractor, its employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer the Client by The Supplierthe Contractor, its employees or supplierssubcontractors, or supplied to the Supplier Contractor by the Customer Client within or without the scope of this agreementAgreement. Claims 'Claims' shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses 'Losses' shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 8.6 9.6 Each of the parties Parties acknowledges that, in entering into this agreementAgreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement Agreement to the fullest extent permitted by law. Nothing in this agreement Agreement excludes liability for fraud.

Warranties, liability and indemnities. 8.1 11.1. The Supplier warrants that Collaborator warrants, represents and undertakes that: 11.1.1. it will use reasonable care perform the Allocated Work in accordance with this Agreement; 11.1.2. it wíll carry out the Allocated Work with all due skíll and skill diligence and in performing a good and workmanlíke manner, and in accordance with the services best practice within the industry of the Collaborator ('Best Practice'); 11.1.3. its employees and agents will have the necessary skills, professional qualifícations and experience to a standardperform the Allocated Work in accordance with this Agreement and Best Practice; 11.1.4. it has full capacíty and authority to enter into this Agreement; 11.1.5. it has obtained all necessary and required licences, which conforms consents and permits to generally accepted industry standards and practicesperform the Allocated Work. 8.2 If any part of the services is performed negligently or in breach of the provisions of this agreement then, at the request of The Customer, The Supplier will re-perform the relevant part of the services, always subject to clauses 8.3 below. 8.3 Except in the case of death or personal injury caused by The Supplier’s negligence, The Supplier’s liability under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed fees paid to The Supplier under this agreement. 8.4 Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 8.5 The Customer shall indemnify and hold harmless The Supplier from and against all claims and losses arising from loss, damage, liability, injury to The Suppliers’ employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer by The Supplier, its employees or suppliers, or supplied to the Supplier by the Customer within or without the scope of this agreement11.2. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 8.6 Each of the parties Parties acknowledges that, in entering into this agreementAgreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement Agreement to the fullest extent permitted by law. 11.3. Nothing Subject always to the specified cap under 11.6 of this Agreement, the Collaborator shall be liable for all loss damage costs and expenses as a result of any infringement or alleged infringement by the Collaborator of any third party's intellectual property rights. 11.4. The Collaborator shall indemnify and keep indemnified the University its servants or agents against all claims, actions, losses, damages, costs and expenses which may be brought against or incurred or suffered by the University its servants or agents in connection with the carrying out of work pursuant to this agreement excludes Agreement which arise as a result of or due to the negligence of the Collaborator its servants or agents. 11.5. The liability of any Party for fraudany breach of this Agreement, or arising in any other way out of the subject-matter of this Agreement, will not extend to loss of business or profit, loss of turnover, income, revenue, goodwill, opportunity and loss of savings or anticipated savings or to any indirect or consequential damages or losses no matter how arising, whether by breach or by negligence and whether in contract, tort, breach of statutory duty or otherwise, even if one Party has advised the other Party of the possibility of those losses and/or if they were within the contemplation of such Party. 11.6. Subject to clause 11.7 below, the maximum liability of either Party under or otherwise in connection with this Agreement or its subject matter shall not exceed f:513, 160.

Warranties, liability and indemnities. 8.1 (a) The Supplier warrants Consultant provides no warranty that it any result or objective can or will use reasonable care and skill be achieved or attained at all or by any particular date, whether stated in performing the services to a standard, which conforms to generally accepted industry standards and practicesthis Agreement or elsewhere. 8.2 If any part (b) The Consultant must take out all insurance required to be effected by law including workers’ compensation and public liability insurance for a minimum of the services is performed negligently or in breach of the provisions of this agreement then, at the request of The Customer, The Supplier will re-perform the relevant part of the services, always subject an amount to clauses 8.3 belowbe agreed for each occurrence. 8.3 (c) Except in the case of death or personal injury caused by The Supplierthe Consultant’s negligence, The Supplier’s the liability of the Consultant under or in connection with this agreement Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall must not exceed fees the Fees paid by the Client to The Supplier the Consultant under this agreementAgreement. The provisions of this clause do not apply to clause 10(e). 8.4 (d) Neither party shall be Party is liable to the other party Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party Party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause do not apply to clause 10(e). 8.5 (e) The Customer shall Client must indemnify and hold harmless The Supplier the Consultant from and against all claims Claims and losses Losses arising from loss, damage, liability, injury to The Suppliers’ employees the Consultant, its employees, the Consultant’s Personnel and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer the Client by The Supplierthe Consultant, its employees or suppliersconsultants, or supplied to the Supplier Consultant by the Customer Client within or without the scope of this agreement. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoeverAgreement. 8.6 (f) Each of the parties acknowledges Parties acknowledge that, in entering into this agreementAgreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement Agreement to the fullest extent permitted by law. Nothing in this agreement excludes liability for fraud.

Warranties, liability and indemnities. 8.1 a) The Supplier Company warrants that it will use reasonable perform the Whistleblower Service: (i) competently and expeditiously with due care and skill skill; (ii) in performing compliance with the services to a standard, which conforms to generally accepted industry standards Client’s Whistle-Blowing Policy; (iii) in compliance with all applicable laws and practicesin particular (but without any limitation) the Privacy Act and Whistleblower Laws; and (iv) in accordance with the Client’s reasonable and lawful instructions and directions. 8.2 If b) The Company does not, however, provide a warranty that any part of the services is performed negligently specific result or objective can or will be achieved or attained at all unless specifically stated in breach of the provisions of this agreement then, at the request of The Customer, The Supplier will re-perform the relevant part of the services, always subject to clauses 8.3 belowAgreement. 8.3 Except c) To the extent permitted by applicable law, except in the case of death or personal injury to the extent caused or contributed to by The Supplierthe Company’s negligence, The Supplier’s breach of law or this Agreement or other wrongful act or omission, the liability of the Company under or in connection with this agreement Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed fees the higher of: (i) six times the aggregate of the Fee(s) paid by the Client to The Supplier the Company under this agreement.Agreement or, 8.4 (ii) to the extent the Loss is indemnified by an insurance policy required under this Agreement, the limit of the relevant policy insurance d) Neither party Party shall be liable to the other party Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that Loss to the other party Party of an indirect or consequential nature including without limitation any economic loss or other financial loss of turnover, profits, business or goodwill. 8.5 The Customer shall indemnify and hold harmless The Supplier from and against all claims and losses arising from loss, damage, liability, injury to The Suppliers’ employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to The Customer by The Supplier, its employees or suppliers, or supplied to the Supplier by the Customer within or without the scope of this agreement. Claims shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); and losses shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever. 8.6 e) Each of the parties Parties acknowledges that, in entering into this agreementAgreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement together with its schedules Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement Agreement to the fullest extent permitted by law. Nothing in . f) The provisions under this agreement excludes liability for fraudclause survive termination or expiry of this Agreement.