Common use of INDEMNITY: LIABILITY INSURANCE Clause in Contracts

INDEMNITY: LIABILITY INSURANCE. Subject to Clause 13.2 the Provider and Company shall indemnify each other against all Loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by either Party as a result of: either Party’s breach of this Agreement; any negligence or reckless act or omission committed by either Party in the course of performing this Agreement; Loss or damage to any property (including property of the Company or the Provider); or all related actions, suits, claims, demands, costs, charges or expenses to the extent that the same is caused by any negligent act or omission or breach of statutory duty, regulation or by-law by a Party, its sub-contractors, or their respective servants or agents in connection with this Agreement. Notwithstanding any other provision in this Agreement, the aggregate total liability of either Party to the other Party under or in connection with this Agreement whether in contract tort or delict or howsoever arising shall not exceed in aggregate the greater of (i) £250,000, and (ii) an amount equal to the total charges payable and already paid to the Provider under this Agreement. This Clause shall not limit or exclude either Party’s liability: in the case of fraud, misrepresentation or wilful misconduct; in the case of death or personal injury; in the case of breach of statutory duty; or where the Provider has invalidated such insurance referred to in this Clause [15] or has not complied with such insurance policies. Notwithstanding anything to the contrary and subject to the conditions of Clause 11.4, neither Party shall have any liability to the other Party under this Agreement for any indirect or consequential loss of any kind howsoever caused. The Provider shall procure (and on request provide evidence to the Company of) appropriate insurances as required by law and necessary for the safe and efficient performance of this Agreement to cover the liabilities set out in this Clause 13, with a reputable insurance company. Where possible the Provider shall add the Company as a named party on its insurance policies. If the Provider appoints a sub-contractor in connection with the provision of the Flexibility Services, the Provider shall ensure that the sub-contractor maintains appropriate insurance to the extent set out in Clause 13.4. If the Provider acts as an aggregator in connection with the provision of the Flexibility Services, it shall ensure that the DER owners and operators for which it acts maintain appropriate insurance to the extent set out in Clause 13. The Provider’s liabilities under this Agreement shall not be deemed to be releases or limited by the Provider taking out the insurance policies referred to in Clause 13.4.

INDEMNITY: LIABILITY INSURANCE. Subject to Clause 13.2 the Provider and Company shall indemnify each other against all Loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by either Party as a result of: either Party’s breach of this Agreement; any negligence or reckless act or omission committed by either Party in the course of performing this Agreement; Loss or damage to any property (including property of the Company or the Provider); or all related actions, suits, claims, demands, costs, charges or expenses to the extent that the same is caused by any negligent act or omission or breach of statutory duty, regulation or by-law by a Party, its sub-contractors, or their respective servants or agents in connection with this Agreement. Notwithstanding any other provision in this Agreement, the aggregate total liability of either Party to the other Party under or in connection with this Agreement whether in contract tort or delict or howsoever arising shall not exceed in aggregate the greater of (i) £250,000, and (ii) an amount equal to the total charges payable and already paid to the Provider under this Agreement. This Clause shall not limit or exclude either Party’s liability: in the case of fraud, misrepresentation or wilful misconduct; in the case of death or personal injuryinjury caused by negligence; in the case of breach of statutory duty; or where the Provider has invalidated such insurance referred to in this Clause [15] or has not complied with such insurance policies. Notwithstanding anything to the contrary and subject to the conditions of Clause 11.4, neither Party shall have any liability to the other Party under this Agreement for any indirect or consequential loss of any kind howsoever caused. The Provider shall procure (and on request provide evidence to the Company of) appropriate insurances as required by law and necessary for the safe and efficient performance of this Agreement to cover the liabilities set out in this Clause 13, with a reputable insurance company. Where possible the Provider shall add the Company as a named party on its insurance policies. If the Provider appoints a sub-contractor in connection with the provision of the Flexibility Services, the Provider shall ensure that the sub-contractor maintains appropriate insurance to the extent set out in Clause 13.4. If the Provider acts as an aggregator in connection with the provision of the Flexibility Services, it shall ensure that the DER owners and operators for which it acts maintain appropriate insurance to the extent set out in Clause 13. The Provider’s liabilities under this Agreement shall not be deemed to be releases released or limited by the Provider taking out the insurance policies referred to in Clause 13.4.

INDEMNITY: LIABILITY INSURANCE. Subject to Clause 13.2 the Provider and Company shall indemnify each other against all Loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by either Party as a result of: either Party’s breach of this Agreement; any negligence or reckless act or omission committed by either Party in the course of performing this Agreement; Loss or damage to any property (including property of the Company or the Provider); or all related actions, suits, claims, demands, costs, charges or expenses to the extent that the same is caused by any negligent act or omission or breach of statutory duty, regulation or by-law by a Party, its sub-contractors, or their respective servants or agents in connection with this Agreement. Notwithstanding any other provision in this Agreement, the aggregate total liability of either Party to the other Party under or in connection with this Agreement whether in contract tort or delict or howsoever arising shall not exceed in aggregate the greater of (i) £250,000, and (ii) an amount equal to the total charges payable and already paid to the Provider under this Agreement. This Clause shall not limit or exclude either Party’s liability: in the case of fraud, misrepresentation or wilful misconduct; in the case of death or personal injuryinjury caused by negligence; in the case of breach of statutory duty; or where the Provider has invalidated such insurance referred to in this Clause [15] 15]13 or has not complied with such insurance policies. Notwithstanding anything to the contrary and subject to the conditions of Clause 11.4, neither Party shall have any liability to the other Party under this Agreement for any indirect or consequential loss of any kind howsoever caused. The Provider shall procure (and on request provide evidence to the Company of) appropriate insurances as required by law and necessary for the safe and efficient performance of this Agreement to cover the liabilities set out in this Clause 13, with a reputable insurance company. Where possible the Provider shall add the Company as a named party on its insurance policies. If the Provider appoints a sub-contractor in connection with the provision of the Flexibility Services, the Provider shall ensure that the sub-contractor maintains appropriate insurance to the extent set out in Clause 13.4. If the Provider acts as an aggregator in connection with the provision of the Flexibility Services, it shall ensure that the DER owners and operators for which it acts maintain appropriate insurance to the extent set out in Clause 13. The Provider’s liabilities under this Agreement shall not be deemed to be releases released or limited by the Provider taking out the insurance policies referred to in Clause 13.4.

INDEMNITY: LIABILITY INSURANCE. Subject to Clause 13.2 the Provider and Company shall indemnify each other against all Loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by either Party as a result of: either Party’s breach of this Agreement; any negligence or reckless act or omission committed by either Party in the course of performing this Agreement; Loss or damage to any property (including property of the Company or the Provider); or all related actions, suits, claims, demands, costs, charges or expenses to the extent that the same is caused by any negligent act or omission or breach of statutory duty, regulation or by-law by a Party, its sub-contractors, or their respective servants or agents in connection with this Agreement. Notwithstanding any other provision in this Agreement, the aggregate total liability of either Party to the other Party under or in connection with this Agreement whether in contract tort or delict or howsoever arising shall not exceed in aggregate the greater of (i) £250,000, and (ii) an amount equal to the total charges payable and already paid to the Provider under this Agreement. This Clause shall not limit or exclude either Party’s liability: in the case of fraud, misrepresentation or wilful misconduct; in the case of death or personal injury; in the case of breach of statutory duty; or where the Provider has invalidated such insurance referred to in this Clause [15] or has not complied with such insurance policies. Notwithstanding anything to the contrary and subject to the conditions of Clause 11.4, neither Party shall have any liability to the other Party under this Agreement for any indirect or consequential loss of any kind howsoever caused. The Provider shall procure (and on request provide evidence to the Company of) appropriate insurances as required by law and necessary for the safe and efficient performance of this Agreement to cover the liabilities set out in this Clause 13, with a reputable insurance company. Where possible the Provider shall add the Company as a named party on its insurance policies. If the Provider appoints a sub-contractor in connection with the provision of the Flexibility Services, the Provider shall ensure that the sub-contractor maintains appropriate insurance to the extent set out in Clause 13.4. If the Provider acts as an aggregator in connection with the provision of the Flexibility Services, it shall ensure that the DER owners and operators for which it acts maintain appropriate insurance to the extent set out in Clause 13. The Provider’s liabilities under this Agreement shall not be deemed to be releases released or limited by the Provider taking out the insurance policies referred to in Clause 13.4.