Common use of Warranties, liability and indemnities Clause in Contracts

Warranties, liability and indemnities. 10.1 The Company warrants that it will use reasonable care and skill in performing the Services. 10.2 If any part of the Consultancy Services is performed negligently or in breach of the provisions of this Agreement then, at the request of the Customer (if the request is given within 6 months of the time scale for performance of the Services), the Company will re-perform the relevant part of the Services, always subject to Clause 10.4 and Clause 10.5 below. 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 Company's negligence, the Company'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 the Fees paid to the Company under this Agreement. The provisions of this Clause 10.4 shall not apply to Clause 10.6. 10.5 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. The provisions of this Clause 10.5 shall not apply to Clause 10.6. 10.6 The Customer shall indemnify and hold harmless the Company from and against all Claims and Losses arising from loss, damage, liability, injury to 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 Customer by the Company, its employees or Company’s, or supplied to the Company 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. 10.7 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, 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. 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. 10.1 a) The 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 ServicesClient’s Whistle-Blowing Policy; (iii) in compliance with all applicable laws and in 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. 10.2 If any part of the Consultancy Services is performed negligently or in breach of the provisions of this Agreement then, at the request of the Customer (if the request is given within 6 months of the time scale for performance of the Services), the Company will re-perform the relevant part of the Services, always subject to Clause 10.4 and Clause 10.5 below. 10.3 b) The Company expressly does not warrant not, however, provide a warranty that any specific result or objective whether can or will be achieved or attained at all unless specifically 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 dateAgreement. 10.4 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 Company's ’s negligence, breach of law or this Agreement or other wrongful act or omission, the Company's liability of the Company under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall not exceed the Fees higher of: (i) six times the aggregate of the Fee(s) paid by the Client to the Company under this Agreement or, (ii) to the extent the Loss is indemnified by an insurance policy required under this Agreement. The provisions , the limit of this Clause 10.4 shall not apply to Clause 10.6.the relevant policy insurance 10.5 d) 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 Loss to the other Party of an indirect or consequential nature including without limitation any economic loss or other financial loss of turnover, profits, business or goodwill. The provisions of this Clause 10.5 shall not apply to Clause 10.6. 10.6 The Customer shall indemnify and hold harmless the Company from and against all Claims and Losses arising from loss, damage, liability, injury to 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 Customer by the Company, its employees or Company’s, or supplied to the Company 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. 10.7 e) 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, 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. 10.8 To the extent permitted by law the Company shall in no event be liable to the Customer for any loss f) The provisions under this clause survive termination or expiry 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 Companythis Agreement. 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. 10.1 The Company 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 ServicesServices and to a standard which conforms to generally accepted industry standards and practices. 10.2 10.4 If any part of the Consultancy Services is performed negligently or in breach of the provisions of this Agreement then, at the request of the Customer (if the request is given within 6 months of the time scale for performance of the Services)Breckland, the Company NCC will re-perform the relevant part of the Services, always subject to Clause 10.4 Clauses 10.6 and Clause 10.5 10.8 below. 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 10.5 Except in the case of death or personal injury caused by the CompanyNCC's negligence, the CompanyNCC'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 the Fees Charges paid to the Company NCC under this Agreement. The provisions of this Clause 10.4 10.5 shall not apply to Clause 10.610.7. 10.5 10.6 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. The provisions of this Clause 10.5 10.6 shall not apply to Clause 10.610.7. 10.6 The Customer 10.7 Breckland shall indemnify and hold harmless the Company NCC from and against all Claims and Losses arising from loss, damage, liability, injury to the Company 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 CompanyNCC, its employees or Company’sconsultants, or supplied to the Company NCC by the Customer Breckland 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. 10.7 10.8 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, 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. 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. 10.1 9.1 The Company Contractor warrants that it will use reasonable care and skill in performing the ServicesMaintenance Services to the standard generally accepted within the industry. However, the Contractor provides no warranty that any Telephone Equipment shall be restored to good working order by any particular time. 10.2 9.2 If the Contractor performs the Maintenance Services (or any part of the Consultancy Services is performed Maintenance Services) negligently or materially in breach of the provisions of this Agreement , then, at if requested by the request of the Customer (if the request is given within 6 months of the time scale for performance of the Services)Client, the Company Contractor will re-perform the relevant part of the Maintenance Services, always subject to Clause 10.4 clauses 9.3 and Clause 10.5 9.4 below. 10.3 . The Company expressly does not warrant that any result or objective whether stated in this Agreement or not shall Client's request must be achieved, be achievable or be attained at all or by a given time scale for made within 7 days of the date of performance of the Maintenance Services or any other datein question. 10.4 9.3 Except in the case of death or personal injury caused by the CompanyContractor's negligence, the Company's liability of the Contractor under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, howsoever shall not exceed the Fees Charges paid by the Client to the Company Contractor under this Agreement. The provisions of this Clause 10.4 clause 9.3 shall not apply to Clause 10.6clause 9.5. 10.5 9.4 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 (whether direct or goodwillindirect), business, goodwill or extra expenses caused by the unauthorised use of your telephone system. The provisions of this Clause 10.5 clause 9.4 shall not apply to Clause 10.6clause 9.5. 10.6 9.5 The Customer Client shall indemnify and hold harmless the Company Contractor from and against all Claims and Losses arising from loss, damage, liability, injury to the Company 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 Client by the CompanyContractor, its employees or Company’ssubcontractors, or supplied to the Company Contractor 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 whatsoever. 10.7 9.6 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, 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. 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. 10.1 8.1 The Company Supplier warrants that it will use reasonable care and skill in performing the Servicesservices to a standard, which conforms to generally accepted industry standards and practices. 10.2 8.2 If any part of the Consultancy Services services is performed negligently or in breach of the provisions of this Agreement agreement then, at the request of the Customer (if the request is given within 6 months of the time scale for performance of the Services)The Customer, the Company The Supplier will re-perform the relevant part of the Servicesservices, always subject to Clause 10.4 and Clause 10.5 clauses 8.3 below. 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 8.3 Except in the case of death or personal injury caused by the Company's The Supplier’s negligence, the Company's The Supplier’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 the Fees fees paid to the Company The Supplier under this Agreement. The provisions of this Clause 10.4 shall not apply to Clause 10.6agreement. 10.5 8.4 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 or goodwill. The provisions of this Clause 10.5 shall not apply to Clause 10.6. 10.6 8.5 The Customer shall indemnify and hold harmless the Company The Supplier from and against all Claims claims and Losses losses arising from loss, damage, liability, injury to the Company 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 The Customer by the CompanyThe Supplier, its employees or Company’ssuppliers, or supplied to the Company Supplier 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. 10.7 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, agreement together with its schedules 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. 10.1 (a) The Company warrants that it will use reasonable care and skill in performing the Services. 10.2 If any part of the Consultancy Services is performed negligently or in breach of the provisions of this Agreement then, at the request of the Customer (if the request is given within 6 months of the time scale for performance of the Services), the Company will re-perform the relevant part of the Services, always subject to Clause 10.4 and Clause 10.5 below. 10.3 The Company expressly does not warrant Consultant provides no warranty that any result or objective can or will be achieved or attained at all or by any particular date, 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 dateelsewhere. 10.4 (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 an amount to be agreed for each occurrence. (c) Except in the case of death or personal injury caused by the Company's Consultant’s negligence, the Company's liability of the Consultant under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever, shall must not exceed the Fees paid by the Client to the Company Consultant under this Agreement. The provisions of this Clause 10.4 shall clause do not apply to Clause 10.6clause 10(e). 10.5 (d) Neither Party shall be is 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. The provisions of this Clause 10.5 shall clause do not apply to Clause 10.6clause 10(e). 10.6 (e) The Customer shall Client must indemnify and hold harmless the Company Consultant from and against all Claims and Losses arising from loss, damage, liability, injury to the Company employees 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 Client by the CompanyConsultant, its employees or Company’sconsultants, or supplied to the Company 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 whatsoever. 10.7 (f) Each of the Parties acknowledges acknowledge 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, 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. 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.