Warranty and Indemnity. 14.1 Nothing in this Contract shall render the Client liable to indemnify the Consultant in respect of any loss liability or damage of any kind incurred by the Consultant save where such loss liability or damage is due to the negligent act or omission of the Client. 14.2 The Consultant hereby indemnifies and will keep indemnified the Client against all claims, actions and demands whatsoever and howsoever arising which may at any time be made in respect of the injury to or death of any persons or loss or destruction of or damage to any property and any other claims or liabilities arising from or in connection with the performance of the Service or any defect in the Service or any breach by the Consultant of any of the terms of this Contract which arises out of the acts defaults or omissions of the Consultant, their sub-contractors, staff, agents or employees be these wilful, negligent or otherwise and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever suffered or incurred in respect thereof or in relation thereto 14.3 The Consultant warrants that: a) all information representations and other matters of fact communicated to the Client by the Consultant are true to the best of its knowledge and complete and accurate in all respects; b) it is entitled to use and disseminate all or any of the information used by the Consultant in carrying out the Service and agrees to indemnify the Client in respect of all costs claims actions demands and proceedings made against it by third parties as a result of a breach by the Consultant of this warranty or any copyright or on account of infringement of any other protected right contained therein; c) it has the full capacity and authority and all necessary registrations, approvals and consents to enter into and perform this Contract and that this Contract is executed by a duly appointed and authorised representative of the Consultant; d) all obligations of the Consultant pursuant to this Contract shall be performed and rendered by appropriately experienced, qualified and trained staff with all due skill, care and diligence; and e) the Consultant is not in default in the payment of any due and payable taxes or in the filing, registration or recording of any document or under any legal or statutory obligation or requirement which default might have a material adverse effect on its business, assets or financial condition or its ability to observe or perform its obligations under this Contract.
Appears in 2 contracts
Samples: Consultancy Services Agreement, Consultancy Agreement
Warranty and Indemnity. 14.1 Nothing 10.1. The Service Provider undertakes to execute the work involved in this Contract shall render providing his services fiducially and professionally and will be solely responsible for the Client liable to indemnify the Consultant in respect of any loss liability or damage of any kind incurred by the Consultant save where such loss liability or damage is due to the negligent act or omission nature of the ClientServices provided by him.
14.2 10.2. The Consultant hereby indemnifies and will keep indemnified the Client against all claims, actions and demands whatsoever and howsoever arising which may at any time be made in respect Company's approval of the injury to Services, in whole or death in part, does not absolve the Service Provider of its full professional responsibility, and said approval does not impose any persons or loss or destruction of or damage to any property and any other claims or liabilities arising from or warranty whatsoever on the Company in connection with the performance nature of the Service or Services.
10.3. Without derogating from any defect in other provision of this Agreement and/or any law, the Service Provider will be solely responsible for any loss, injury, damage or loss as may be caused to the body or property of any breach person or company (including to any of his employees and/or the Ministry of Transport and/or the State of Israel) or to any third party while and/or in connection with the execution of the Services by him and/ora result of any act and/or omission by the Consultant of Service Provider and/or on his behalf. The Service Provider undertakes to take all measures necessary to prevent such losses, injury, or damage.
10.4. Without derogating from any other provision of the terms of this Contract which arises out of the acts defaults or omissions of the ConsultantAgreement and/or any law, their sub-contractors, staff, agents or employees be these wilful, negligent or otherwise and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever suffered or incurred in respect thereof or in relation thereto
14.3 The Consultant warrants that:
a) all information representations and other matters of fact communicated to the Client by the Consultant are true to the best of its knowledge and complete and accurate in all respects;
b) it is entitled to use and disseminate all or any of the information used by the Consultant in carrying out the Service and agrees Provider undertakes to indemnify the Client Company, promptly upon its first demand, for any demand and/or claim and/or suit filed against the Company for loss, injury or damage or loss as stipulated in respect Clause 10.3 above, and for all expenses that the Company incurred or may bear in connection therewith (including legal and attorney fees), and all without derogating from the Company's rights under this Agreement and/or any law for any other remedies or relief provided that the Company informed the Service Provider as soon as possible of a claim and allowed him to participate in its defense thereof.
10.5. Without derogating from the provisions of this clause, it is hereby agreed that as the Company's approval for the hiring of subcontractors is obtained, all costs claims actions demands provisions of this Agreement, in addition to the Service Provider, will apply to them as well.
10.6. Nothing in this clause that exempts the Service Provider from the obligations that apply to him in the execution of his work under any law, and proceedings made against it by third parties the said provision will not be construed as a result of a breach by the Consultant of this warranty or any copyright or on account of infringement waiver of any other protected right contained therein;or remedy legally conferred upon the Company.
c) it has 10.7. The mentioned in this Clause, as well as all of its Sub-clauses are among the full capacity and authority and all necessary registrations, approvals and consents to enter into and perform this Contract and that this Contract is executed by a duly appointed and authorised representative primary points of the Consultant;
d) all obligations Agreement, and its violation will be deemed a Material Breach of the Consultant pursuant to this Contract shall be performed and rendered by appropriately experienced, qualified and trained staff with all due skill, care and diligence; and
e) the Consultant is not in default in the payment of any due and payable taxes or in the filing, registration or recording of any document or under any legal or statutory obligation or requirement which default might have a material adverse effect on its business, assets or financial condition or its ability to observe or perform its obligations under this ContractAgreement.
Appears in 2 contracts
Samples: Cargo Transport Services Agreement, Cargo Transport Services Agreement
Warranty and Indemnity. 14.1 Nothing 10.1. The Service Provider undertakes to execute the work involved in this Contract shall render providing its services fiducially and professionally and will be solely responsible for the Client liable to indemnify the Consultant in respect of any loss liability or damage of any kind incurred by the Consultant save where such loss liability or damage is due to the negligent act or omission nature of the ClientServices it provides.
14.2 10.2. The Consultant hereby indemnifies and will keep indemnified the Client against all claims, actions and demands whatsoever and howsoever arising which may at any time be made in respect Company's approval of the injury to Services, in whole or death in part, did not absolve the Service Provider of its full professional responsibility, and said approval does not impose any persons or loss or destruction of or damage to any property and any other claims or liabilities arising from or warranty whatsoever on the Company in connection with the performance nature of the Services.
10.3. Without derogating from any other provision of this Agreement and/or any law, the Service Provider will be solely responsible for any loss, injury, damage, or loss as may be caused to the body or property of any person or Company (including to any of its employees and/or the Ministry of Transport and/or the State of Israel) or any defect third party while and/or in connection with the execution of the Services by it and/or as result of any act and/or omission by the Service Provider and/or on his behalf. The Service Provider undertakes to take all measures necessary to prevent such losses, injury, or damage.
10.4. Without derogating from any breach by the Consultant of any other provision of the terms of this Contract which arises out of the acts defaults or omissions of the ConsultantAgreement and/or any law, their sub-contractors, staff, agents or employees be these wilful, negligent or otherwise and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever suffered or incurred in respect thereof or in relation thereto
14.3 The Consultant warrants that:
a) all information representations and other matters of fact communicated to the Client by the Consultant are true to the best of its knowledge and complete and accurate in all respects;
b) it is entitled to use and disseminate all or any of the information used by the Consultant in carrying out the Service and agrees Provider undertakes to indemnify the Client Company, promptly upon its first demand, for any demand and/or claim and/or suit filed against the Company for loss, injury, or damage or loss as stipulated in respect Section 10.3 above, and for all expenses that the Company incurred or may bear in connection therewith (including legal and attorney fees), and all without derogating from the Company's rights under this Agreement and/or any law for any other remedies or relief provided that the Company informed the Service Provider as soon as possible of a claim and allowed him to participate in its defense thereof.
10.5. Without derogating from the provisions of this Section, it is hereby agreed that as the Company's approval for the hiring of subcontractors is obtained, all costs claims actions demands provisions of this Agreement, in addition to the Service Provider, will apply to them as well.
10.6. Nothing in this Section that exempts the Service Provider from the obligations that apply to him in the execution of its work under any law and proceedings made against it by third parties the said provision is construed as a result of a breach by the Consultant of this warranty or any copyright or on account of infringement waiver of any other protected right contained therein;or remedy legally conferred upon the Company.
c) it has the full capacity and authority 10.7. The stated in this Section and all necessary registrations, approvals and consents to enter into and perform this Contract and that this Contract is executed by a duly appointed and authorised representative of its Sub-sections are among the primary points of the Consultant;
d) all obligations Agreement, and its breach will be deemed a Material Breach of the Consultant pursuant to this Contract shall be performed and rendered by appropriately experienced, qualified and trained staff with all due skill, care and diligence; and
e) the Consultant is not in default in the payment of any due and payable taxes or in the filing, registration or recording of any document or under any legal or statutory obligation or requirement which default might have a material adverse effect on its business, assets or financial condition or its ability to observe or perform its obligations under this ContractAgreement.
Appears in 1 contract
Samples: Service Agreement
Warranty and Indemnity. 14.1 Nothing 12.1. The Service Provider undertakes to execute the work involved in this Contract shall render providing his services fiducially and professionally and will be solely responsible for the Client liable to indemnify the Consultant in respect of any loss liability or damage of any kind incurred by the Consultant save where such loss liability or damage is due to the negligent act or omission nature of the ClientServices provided by him.
14.2 12.2. The Consultant hereby indemnifies and will keep indemnified the Client against all claims, actions and demands whatsoever and howsoever arising which may at any time be made in respect Company's approval of the injury to Services, in whole or death in part, did not absolve the Service Provider of its full professional responsibility and said approval does not impose any persons or loss or destruction of or damage to any property and any other claims or liabilities arising from or warranty whatsoever on the Company in connection with the performance nature of the Service or Services.
12.3. Without derogating from any defect in other provision of this agreement and/or any law, the Service Provider will be solely responsible for any loss, injury, damage or loss as may be caused to the body or property of any breach person or Company (including to any of his employees and/or the Ministry of Transport and/or the State of Israel) or to any third party while and/or in connection with the execution of the Services by him and/ora result of any act and/or omission by the Consultant of Service Provider and/or on his behalf. The Service Provider undertakes to take all measures necessary to prevent such losses, injury, or damage.
12.4. Without derogating from any other provision of the terms of this Contract which arises out of the acts defaults or omissions of the Consultantagreement and/or any law, their sub-contractors, staff, agents or employees be these wilful, negligent or otherwise and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever suffered or incurred in respect thereof or in relation thereto
14.3 The Consultant warrants that:
a) all information representations and other matters of fact communicated to the Client by the Consultant are true to the best of its knowledge and complete and accurate in all respects;
b) it is entitled to use and disseminate all or any of the information used by the Consultant in carrying out the Service and agrees Provider undertakes to indemnify the Client Company, promptly upon its first demand, for any demand and/or claim and/or suit filed against the Company for loss, injury or damage or loss as stipulated in respect Section 10.3 above, and for all expenses that the Company incurred or may bear in connection therewith (including legal and attorney fees), and all without derogating from the Company's rights under this agreement and/or any law for any other remedies or relief provided that the Company informed the Service Provider as soon as possible of all costs claims actions demands a claim and proceedings made against it by third parties allowed him to participate in its defense thereof.
12.5. Nothing in this Section that exempts the Service Provider from the obligations that apply to him in the execution of his work under any law and the said provision will be construed as a result of a breach by the Consultant of this warranty or any copyright or on account of infringement waiver of any other protected right contained therein;or remedy legally conferred upon the Company.
c) it has 12.6. The stated in this section, as well as all of its Sub-sections, are among the full capacity and authority and all necessary registrations, approvals and consents to enter into and perform this Contract and that this Contract is executed by a duly appointed and authorised representative primary points of the Consultant;
d) all obligations agreement, and its breach will be deemed a Material Breach of the Consultant pursuant to this Contract shall be performed and rendered by appropriately experienced, qualified and trained staff with all due skill, care and diligence; and
e) the Consultant is not in default in the payment of any due and payable taxes or in the filing, registration or recording of any document or under any legal or statutory obligation or requirement which default might have a material adverse effect on its business, assets or financial condition or its ability to observe or perform its obligations under this ContractAgreement.
Appears in 1 contract
Warranty and Indemnity. 14.1 Nothing in this Contract shall render the Client liable to indemnify the Consultant in respect of any loss liability loss, liability, costs (including reasonable legal costs) or damage of any kind incurred by the Consultant save where such loss liability or damage is due to the negligent act or omission of the Client.
14.2 The Consultant hereby indemnifies and will keep fully indemnified the Client against all claims, actions and demands whatsoever and howsoever arising which may at any time be made in respect of the injury to or death of any persons or loss or destruction of or damage to any property and any other claims or liabilities arising from or in connection with the performance of the Service or any defect in the Service or any breach by the Consultant of any of the terms of this Contract which arises out of the acts defaults or omissions of the Consultant, their sub-contractors, staff, agents or employees be these wilful, negligent or otherwise and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever suffered or incurred in respect thereof or in relation thereto.
14.3 The Consultant warrants that:
a) all information representations and other matters of fact communicated to the Client by the Consultant are true to the best of its knowledge and complete and accurate in all respects;
b) it is entitled to use and disseminate all or any of the information used by the Consultant in carrying out the Service and agrees to fully indemnify the Client in respect of all costs claims actions demands and proceedings made against it by third parties as a result of a breach by the Consultant of this warranty or any copyright or on account of infringement of any other protected right contained therein;
c) it has the full capacity and authority and all necessary registrations, approvals and consents to enter into and perform this Contract and that this Contract is executed by a duly appointed and authorised representative of the Consultant;
d) all obligations of the Consultant pursuant to this Contract shall be performed and rendered by appropriately experienced, qualified and trained staff with all due skill, care and diligence;
e) it has not been convicted of any slavery or human trafficking offences anywhere around the world and to the best of its knowledge it is not currently under investigation, inquiry or enforcement proceedings in relation to any allegation of slavery or human trafficking offenses anywhere around the world;
f) it shall have and maintain throughout the term of the Contract its own policies and procedures to ensure its compliance with the Modern Slavery Act 2015 and include in its supply chain anti- slavery and human trafficking provisions; and
eg) the Consultant is not in default in the payment of any due and payable taxes or in the filing, registration or recording of any document or under any legal or statutory obligation or requirement which default might have a material adverse effect on its business, assets or financial condition or its ability to observe or perform its obligations under this Contract.
14.4 For the avoidance of doubt, the Consultant shall neither be relieved of its obligations to supply the Services (or any part of the services) in accordance with this Contract nor be entitled to an increase in the Charges as a result of:
(a) a general change in law; or
(b) a specific change in any law where the effect of that specific change in that law on the Services is reasonably foreseeable at the starting date.
Appears in 1 contract
Samples: Consultancy Agreement