Common use of Warranty and Indemnity Clause in Contracts

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained

Appears in 25 contracts

Samples: Contract for Investigation, Research Contract, Research Contract

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Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained Termination This Contract may be terminated by either party giving to the other party at least 30 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time:- the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or

Appears in 16 contracts

Samples: Contract for Population Wide Education Dataset – Second Phase, Contract for Review and Update of Research Into the Wider Benefits of Adult Learning, Contract for Further Analysis of Returns and Graduate Premium

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etcContractor. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 12 contracts

Samples: Contract for Services, Contract for Services, Contract for Literature Review

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, knowledge, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etcContractor. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 9 contracts

Samples: Contract for the Supply of Education Advice, Contract for the Supply of Education Advice, Contract for the Supply of Education Advice

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 8 contracts

Samples: Contract for Opportunity Areas Place Based Evaluation Project, Contract for the National College Leadership Curriculum Project, Contract for the Longitudinal Study of Young People in England

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, knowledge, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship.documents 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etcContractor. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 6 contracts

Samples: Contract for the Supply of Education Advice, Contract for the Supply of Education Advice, Contract for the Supply of Education Advice

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will shall be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will shall be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will shall be of satisfactory quality and fit for their purpose and will shall be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained

Appears in 5 contracts

Samples: Contract for Understanding Vulnerable Young People, Contract for Evaluation Services, Contract for Project Evaluation

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Contractor 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 4 contracts

Samples: Contract for Distribution and Management of Grants, Contract for Sure Start Children’s Centre Community Management, Contract for the Development of Guidance

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained This Contract may be terminated by either party giving to the other party at least 30 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time:- the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or

Appears in 3 contracts

Samples: Contract for Childcare and Early Years Survey of Parents, Contract for Special Educational Needs and Disability, Contract for Systematic Review of Models of Analysing Significant Harm

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, knowledge, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the 9.4 The Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just liable for and equitable for shall indemnify the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Department against any 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 3 contracts

Samples: Contract for the Supply of Education Advice, Contract for the Supply of Education Advice, Contract for the Supply of Education Advice

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Contractor 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 2 contracts

Samples: Contract Terms and Conditions, Contract for Services

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.49.4 The Contractor shall be liable for and shall indemnify the Department against any expense, liability, loss, claim or proceedings arising as a result of or in connection with any breach of the terms of this Contract or otherwise through the default of the Contractor. Without prejudice to any other exclusion or limitation of The Contractor's liability in this Contract, the liability respect of the Contractor for any claim all matters arising under or claims under in connection with this Contract shall shall, in respect of liabilities accruing in any calendar year, be limited to such sums as it would be just and equitable for the Contractor to pay having regard to higher of (a) 100% of the extent fees paid or payable by the Department in accordance with the terms of his responsibility for the loss this Contract in respect of that calendar year; or damage giving rise to such claim or claims etc(b) £1 million (inclusive of VAT). 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 2 contracts

Samples: Contract for Early Intervention Foundation, Contract for Early Intervention Foundation

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor (through re-sale revenue) the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Contractor 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Ict Disposal Service Contract

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department School that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department School to expect in all the circumstances. The Department School will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department School shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the DepartmentSchool; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department School in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department School or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the School against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Contractor 9.5. 9.5 All property of the Contractor whilst on the DepartmentSchool's premises shall be there at the risk of the Contractor and the Department School shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the DepartmentSchool, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Services

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will shall be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will shall be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will shall be of satisfactory quality and fit for their purpose and will shall be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Evaluation of the Youth Contract Programme

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed costAssessed Cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The 9.3 Subject to the cap on the Contractor's liability in Clause 9.5, the Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of any complaint about the quality of service received, personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out from the Contractor’s negligence or as a result of fraud or fraudulent misrepresentation. 9.4 The Contractor shall be liable for and shall indemnify the Department against any expense, liability, loss, claim or proceedings arising as a result of or in the course of or caused by the performance connection with any breach of the Projectterms of this Contract or otherwise through the default of the Contractor. 9.4. Without prejudice 9.5 Subject to any other exclusion or limitation of the cap on the Contractor's liability in this ContractClause 9.5 and notwithstanding any other provision of this Agreement, the liability of the Contractor for arising from or in connection with this Agreement, whether in contract, tort, misrepresentation or otherwise, shall, in respect of liabilities accruing in any claim or claims under this Contract shall calendar year, be limited to such sums as it would be just and equitable for the Contractor to pay having regard to higher of (a) 100% of the extent fees paid or payable by the Department in accordance with the terms of his responsibility for the loss this Contract in respect of that calendar year; or damage giving rise to such claim or claims etc(b) £2 million (inclusive of VAT). 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Junior Isa for Looked After Children

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etcetc and in any case shall not in aggregate exceed an amount equal to twice the amount of money received by the Contractor under this Contract. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained

Appears in 1 contract

Samples: Contract for Evaluation of Universal Parenting Classes

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues.to 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained

Appears in 1 contract

Samples: Contract for Investigation

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the Project. 9.4Services. Without prejudice The Contractor shall be liable for and shall indemnify the Department against any expense, liability, loss, claim or proceedings up to any other exclusion or limitation of liability in this Contract, 1.5 times the liability total value of the Contractor for contract arising as a result of or in connection with any claim or claims under breach of the terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5Contractor. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Provision of Services

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained .

Appears in 1 contract

Samples: Contract for Understanding and Strengthening Evidence on the Productivity Spillovers on Intangible Capital

Warranty and Indemnity. 9.1. 8.1 The Contractor warrants to the Department Trust that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department Trust to expect in all the circumstances. The Department Trust will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 8.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department Trust shall be entitled, where appropriate to: 9.2.1. 8.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the DepartmentTrust; or 9.2.2. 8.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 8.3 The Contractor shall be liable for and shall indemnify the Department Trust in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department Trust or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 8.4 The Contractor shall be liable for and shall indemnify the Trust against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Contractor 9.5. 8.5 All property of the Contractor whilst on the DepartmentTrust's premises shall be there at the risk of the Contractor and the Department Trust shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 8.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the DepartmentTrust, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Cleaning Services

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Relationship Support Evaluation

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Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained This Contract may be terminated by either party giving to the other party at least 30 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time: the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or

Appears in 1 contract

Samples: Contract for Eurostat Continuing Vocational Training Survey 4 Uk Contribution (Cvts4)

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants will use all reasonable endeavours to ensure that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. The Department shall be liable for any expense, liability, loss, claim or proceedings arising from its own actions under this Contract. Neither Party shall be liable to the other for any indirect or consequential loss, damages, claims or demands arising out of this Contract or the research, including without limitation any economic loss or other loss of income, profits, business, opportunity, reputation or goodwill no matter how arising, whether by breach or by negligence and whether in contract, tort or otherwise. The terms and conditions in this Agreement are agreed to be in lieu of any warranties, obligations or conditions implied by law, trade usage, custom or otherwise as to the merchantable quality or the fitness for any particular purpose of the services or items being supplied hereunder. 9.49.4 Neither Party shall be liable to the other for any indirect or consequential loss, damages, claims or demands arising out of this Agreement or the Research, including without limitation any economic loss or other loss of income, profits, business, opportunity, reputation or goodwill no matter how arising, whether by breach or by negligence and whether in contract, tort or otherwise. Without prejudice to any other exclusion or limitation of liability The terms and conditions in this ContractAgreement are agreed to be in lieu of any warranties, obligations or conditions implied by law, trade usage, custom or otherwise as to the liability merchantable quality or the fitness for any particular purpose of the Contractor for any claim services or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etcitems being supplied hereunder. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to itit unless such loss or damage is due to the fault or negligence of the Department. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Training and Supervision Services

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will shall be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will shall be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will shall be of satisfactory quality and fit for their purpose and will shall be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Research Agreement

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained This Contract may be terminated by either party giving to the other party at 30 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time:- the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or

Appears in 1 contract

Samples: Contract for Segmented Analysis of Data

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice 9.4 The Contractor shall be liable for and shall indemnify the Department against any expense, liability, loss, claim or proceedings up to any other exclusion or limitation of liability in this Contract, 1.5 times the liability total value of the Contractor for contract arising as a result of or in connection with any claim or claims under breach of the terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etcContractor. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Provision of Services

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project.full 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. 9.4 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.5 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained. 9.6 The Contractor shall be not be liable for losses of a consequential or indirect nature, including but not limted to loss of profit, damage to reputation, lossed opportunity or loss of goodwill.

Appears in 1 contract

Samples: Contract for Provision of Initial Training for Educational Psychologists

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.49.3.1 The liability of Intertek in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising in respect of any breach of contract and/or any failure to exercise due skill and care by Intertek shall in no circumstances exceed a total aggregate sum equal to Fifty Thousand Pounds (£50,000) except in the case of 1) a finding of gross negligence or willful misconduct on the part of Intertek by a court of competent jurisdiction or 2) for death or personal injury resulting from the negligence of Intertek or its directors, officers, employees, agents or sub-contractors. Without prejudice to any other exclusion or limitation of Intertek shall have no liability in respect of any claims for indirect or consequential loss including loss of profit and/or loss of future business and/or depletion of goodwill and like loss. 9.4 The Contractor shall be liable for and shall indemnify the Department against any expense, liability, loss, claim or proceedings arising as a result of or in connection with any breach of the terms of this Contract, Contract or otherwise through the default of the Contractor. 9.4.1 The liability of Intertek in respect of any claims for loss, damage or expense of whatsoever nature and howsoever arising in respect of any breach of contract and/or any failure to exercise due skill and care by Intertek shall in no circumstances exceed a total aggregate sum equal to Fifty Thousand Pounds (£50,000) except in the Contractor case of 1) a finding of gross negligence or willful misconduct on the part of Intertek by a court of competent jurisdiction or 2) for death or personal injury resulting from the negligence of Intertek or its directors, officers, employees, agents or sub-contractors. Intertek shall have no liability in respect of any claim claims for indirect or claims under this Contract shall be limited to such sums as it would be just consequential loss including loss of profit and/or loss of future business and/or depletion of goodwill and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etclike loss. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained.

Appears in 1 contract

Samples: Contract for Measuring Energy Consumption of Digital Radio and Modelling Possible Impact

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. or The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums an amount not exceeding the maximum eligible expenditure as it would set out in Schedule 2 of this Contract. Furthermore, neither Party shall be just and equitable for the Contractor to pay having regard liable to the extent other Party for an indirect or consequential loss, damages, claims or demands arising out of his responsibility for the this Agreement, including without limitation any economic loss or damage giving rise to such claim other loss of income, profits, business, opportunity or claims etc. 9.5goodwill no matter how arising, whether by breach or by negligence and whether in contract, tort or otherwise. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained Termination This Contract may be terminated by either party giving to the other party at least 30 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time:- the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or

Appears in 1 contract

Samples: Contract for Economic Analysis

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained Termination This Contract may be terminated by either party giving to the other party at least 7 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time:- the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or

Appears in 1 contract

Samples: Contract for Developing a Population Wide Education Database and Research Hub

Warranty and Indemnity. 9.1. The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. Without prejudice to any other remedy, if any part of the Project is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. : require the Contractor promptly to re-perform or replace the relevant part of the Project without additional charge to the Department; or 9.2.2. or assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under this Contract shall be limited to such sums as it would be just and equitable for the Contractor to pay having regard to the extent of his responsibility for the loss or damage giving rise to such claim or claims etc. 9.5. All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedmaintained This Contract may be terminated by either party giving to the other party at least 30 days notice in writing. In the event of any breach of this Contract by either party, the other party may serve a notice on the party in breach requiring the breach to be remedied within a period specified in the notice which shall be reasonable in all the circumstances. If the breach has not been remedied by the expiry of the specified period, the party not in breach may terminate this Contract with immediate effect by notice in writing. In the event of a material breach of this Contract by either party, the other party may terminate this Contract with immediate effect by notice in writing. This Contract may be terminated by the Department with immediate effect by notice in writing if at any time:- the Contractor passes a resolution that it be wound-up or that an application be made for an administration order or the Contractor applies to enter into a voluntary arrangement with its creditors; or a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in respect of the Contractor's property, assets or any part thereof; or the court orders that the Contractor be wound-up or a receiver of all or any part of the Contractor's assets be appointed; or the Contractor is unable to pay its debts in accordance with Section 123 of the Insolvency Act 1986; or there is a change in the legal or beneficial ownership of 50% or more of the Contractor's share capital issued at the date of this Contract or there is a change in the control of the Contractor, unless the Contractor has previously notified the Department in writing. For the purpose of this Sub-Clause "control" means the power of a person to secure that the affairs of the Contractor are conducted in accordance with the wishes of that person by means of the holding of shares or the possession of voting power; or the Contractor is convicted (or being a company, any officers or representatives of the Contractor are convicted) of a criminal offence related to the business or professional conduct; or the Contractor commits (or being a company, any officers or representatives of the Contractor commit) an act of grave misconduct in the course of the business; or the Contractor fails (or being a company, any officers or representatives of the Contractor fail) to fulfil his/their obligations relating to the payment of Social Security contributions; or the Contractor fails (or being a company, any officers or representatives of the Contractor fail) to fulfil his/their obligations relating to payment of taxes; or the Contractor fails (or being a company, any officers or representatives of the Contractor fail) to disclose any serious misrepresentation in supplying information required by the Department in or pursuant to this Contract. Nothing in this Clause shall affect the coming into, or continuance in force of any provision of this Contract which is expressly or by implication intended to come into force or continue in force upon termination of this Contract.

Appears in 1 contract

Samples: Contract for Understanding Higher Education in Further Education Institutions

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; orand 9.2.2. assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to 9.2.2 if the Contractor the Assessed Cost for the period that such failure continues.fails to re-perform or replace pursuant to clause 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute under 9.4 The Contractor shall be liable for and shall indemnify the Department against any expense, liability, loss, claim or at common law proceedings arising as a result of or in connection with any breach of the terms of this Contract or otherwise through the default of the Contractor. The Contractor's liability in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise all matters arising out of under or in the course of or caused by the performance of the Project. 9.4. Without prejudice to any other exclusion or limitation of liability in this Contract, the liability of the Contractor for any claim or claims under connection with this Contract shall shall, in respect of liabilities accruing in any calendar year, be limited to such sums as it would be just and equitable for the Contractor to pay having regard to higher of (a) 100% of the extent fees paid or payable by the Department in accordance with the terms of his responsibility for the loss this Contract in respect of that calendar year; or damage giving rise to such claim or claims etc(b) £3 million (inclusive of VAT). 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained. 9.7 For the avoidance of doubt the indemnities set out above in Clauses 9.3 and 9.4 shall be subject to the limitation on liability set out in Clause 9.4

Appears in 1 contract

Samples: Contract for Achievement

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department School that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department School to expect in all the circumstances. The Department School will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department School shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the DepartmentSchool; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department School in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department School or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the School against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etc.Contractor 9.5. 9.5 All property of the Contractor whilst on the DepartmentSchool's premises shall be there at the risk of the Contractor and the Department School shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the DepartmentSchool, it's policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintainedor

Appears in 1 contract

Samples: Contract for Cleaning Services

Warranty and Indemnity. 9.1. 9.1 The Contractor warrants to the Department that the obligations of the Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such high standards of quality as it is reasonable for the Department to expect in all the circumstances. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the Project Services and also upon the accuracy of all representations or statements made and the advice given by the Contractor in connection with the performance of the Project Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. The Contractor warrants that any goods supplied by the Contractor forming a part of the Services will be of satisfactory quality and fit for their purpose and will be free from defects in design, material and workmanship. 9.2. 9.2 Without prejudice to any other remedy, if any part of the Project Services is not performed in accordance with this Contract then the Department shall be entitled, where appropriate to: 9.2.1. 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Project Services without additional charge to the Department; or 9.2.2. 9.2.2 assess the cost of remedying the failure (“the assessed cost”) and to deduct from any sums due to the Contractor the Assessed Cost for the period that such failure continues. 9.3. 9.3 The Contractor shall be liable for and shall indemnify the Department in full against any expense, liability, loss, claim or proceedings arising under statute or at common law in respect of personal injury to or death of any person whomsoever or loss of or damage to property whether belonging to the Department or otherwise arising out of or in the course of or caused by the performance provision of the ProjectServices. 9.4. Without prejudice to 9.4 The Contractor shall be liable for and shall indemnify the Department against any other exclusion expense, liability, loss, claim or limitation proceedings arising as a result of liability or in this Contract, the liability connection with any breach of the Contractor for any claim or claims under terms of this Contract shall be limited to such sums as it would be just and equitable for or otherwise through the Contractor to pay having regard to default of the extent of his responsibility for the loss or damage giving rise to such claim or claims etcContractor. 9.5. 9.5 All property of the Contractor whilst on the Department's premises shall be there at the risk of the Contractor and the Department shall accept no liability for any loss or damage howsoever occurring to it. 9.6. 9.6 The Contractor shall ensure that it has adequate insurance cover with an insurer of good repute to cover claims under this Contract or any other claims or demands which may be brought or made against it by any person suffering any injury damage or loss in connection with this Contract. The Contractor shall upon request produce to the Department, it's its policy or policies of insurance, together with the receipt for the payment of the last premium in respect of each policy or produce documentary evidence that the policy or policies are properly maintained. 9.7 The Contractor shall effect and maintain appropriate professional indemnity insurance cover during the Contract Period and shall ensure that all agents, professional consultants and sub-contractors involved in the supply of the Services do the same. To comply with its obligations under this clause and as a minimum, the Contractor shall ensure professional indemnity insurance held by the Contractor and by any agent, sub-contractor or consultant involved in the supply of the Services has a limit of indemnity of not less than £100,000.

Appears in 1 contract

Samples: Contract for Social Media Monitoring

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