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 9.2 Without prejudice to any other remedy, if any part of the 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 Services 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 provision of the Services. 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 or otherwise through the default of the Contractor. 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, 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.

Warranty and Indemnity. 9.1 The Contractor warrants to the Department Authority that the obligations of thethe Contractor under this Contract 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 Authority to expect in all the circumstances. The Authority will be relying upon the Contractor's skill, expertise and experience in the performance of the 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 Services and the accuracy of any documents conceived, originated, made or developed by the Contractor as part of this Contract. 9.2 Without prejudice to any other remedy, if any part of the Services is not performed in accordance with this Contract then the Department Authority shall be entitled, where appropriate to: 9.2.1 require the Contractor promptly to re-perform or replace the relevant part of the Services without additional charge to the DepartmentAuthority; or 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 Contractor shall be liable for and shall indemnify the Department Authority 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 Authority or otherwise arising out of or in the course of or caused by the provision performance of the Services. 9.4 The Contractor shall be liable for and shall indemnify the Department Authority 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. 9.5 All property of the Contractor whilst on the DepartmentAuthority's premises shall be there at the risk of the Contractor and the Department Authority 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 DepartmentAuthority, 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.

Warranty and Indemnity. 9.1 The Contractor warrants to the Department that the obligations of thethe Contractor under this Contract will be performed by appropriately qualified and trained personnel with reasonable skill, care and diligence.. The Department will be relying upon the Contractor's skill and experience in the performance of the 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 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 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 Services 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 claim against 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 reasonably foreseeable, legally enforceable and fully mitigated 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 bythe provision of the Services, provided that the Department shall take reasonable steps to mitigate any such expense, liability, loss, claim or proceedings. 9.4 The Contractor shall be liable for and shall indemnify the Department against any reasonably foreseeable, legally enforceable and fully mitigated expense, liability, loss, claim or proceedings arising as a result of or in connection with any withany breach of the terms of this Contract or otherwise through the default of the Contractor., provided that the Department shall take reasonable steps to mitigate any such expense, liability, loss, claim or proceedings.. 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, 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.

Warranty and Indemnity. 9.1 The Contractor warrants to the Department that the obligations of thethe Contractor under this Contract will be performed by appropriately qualified and trained personnel using the degree of skill, care and diligence to be expected from a Contractor experienced in the provision of services for projects of similar size scope and complexity as those required under this Contract (“Duty of Care”). The Contractor shall comply with all standards, legislation practices and the like applicable or in the reasonable expectation of the Contractor likely to be applicable to the Services. The Department will be relying upon the Contractor's skill, expertise and experience in the performance of the 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 Services and the accuracy of any documents conceived, 9.2 Without prejudice to any other remedy, if any part of the 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 Services 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 caused by the Contractor’s negligence and a sum of up to £1,000,000 in respect of each and every incident of 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 provision of the Services. 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 or otherwise through the default of the Contractor. 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, 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 only be liable to pay compensation to the Department under or in connection with this Contract if a breach of the Duty of Care as set out in sub-clause 9.1 above is established against the Contractor.