LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; any claim under Clause 8.3; or any claim in respect of any breach of Clause 6.3, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 and Clause 8.1.4, the Supplier shall indemnify and keep the Authority indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier of its obligations under the Contract or the presence of the Supplier or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Supplier, or any other loss which is caused directly or indirectly by any act or omission of the Supplier. The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject to Clause 8.1.1 and Clause 8.1.4, the liability of either Party for Defaults shall be subject to the following financial limits:- the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million pounds sterling (£1,000,000); and
Appears in 3 contracts
Samples: data.gov.uk, data.gov.uk, data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 Act 1979 or Section 2 of the Supply of Goods and Services Xxx 0000Act 1982; any claim under Clause 8.353; or any claim under the indemnity in Clause 38.10 or in respect of any breach of Clause 6.334, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 50.4 and Clause 8.1.450.5, the Supplier SERVICE PROVIDER shall indemnify and keep the Authority CLIENT indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier SERVICE PROVIDER of its obligations under the Contract or the presence of the Supplier SERVICE PROVIDER or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierSERVICE PROVIDER, or any other loss which is caused directly or indirectly by any act or omission of the SupplierSERVICE PROVIDER. The Supplier SERVICE PROVIDER shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority CLIENT or by breach by the Authority CLIENT of its obligations under the Contract. Subject to Clause 8.1.1 50.2 and Clause 8.1.450.5, the liability of either Party for Defaults shall be subject to the following financial limits:- Guidance: The Contract should reflect the value of the risk in the limits on liability set out in clauses 50.4.1 and 50.4.2. However, note that the contract may become uneconomic if the SERVICE PROVIDER is obliged to accept liability limits that are disproportionate to the value of the Contract. In establishing what might be appropriate liability limits the CLIENT should consider both its likely exposure in most circumstances of SERVICE PROVIDER’S failure and the total and annual value of the Contract, in addition to its overall exposure to risk. The calculation of the CLIENT’S likely exposure to damages should include only those elements which it is entitled to claim from the SERVICE PROVIDER: It should exclude sums which fall within the scope of Clause 50.5 (indirect and consequential losses, for example) but should include matters covered by Clause 50.6 (deemed direct loss). It is important to resist the temptation to assess the CLIENT’S maximum possible exposure in the most extreme circumstance and then ensure the financial limits are sufficient so that the CLIENT can recover in all circumstances. The appropriate allocation of risk (through the financial liability limits and other risk allocation mechanisms) will lead to optimum value for money for the CLIENT. the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million [[insert figure in words] pounds sterling (£1,000,000insert figure)]; and except as set out in Clause 50.2.1, the annual aggregate liability under the Contract of either Party for all Defaults shall in no event exceed the lesser of [insert figure in words pounds sterling (£insert figure) or one hundred and fifty per cent (150%) of the Contract Price payable by the CLIENT to the SERVICE PROVIDER in the year in which the liability arises. Subject to Clause 50.2, in no event shall either Party be liable to the other for any:- loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; and/or loss of savings (whether anticipated or otherwise); andand/or any indirect or consequential loss or damage. The CLIENT may, amongst other things, recover as a direct loss:- any additional operational and/or administrative expenses arising from the SERVICE PROVIDER'S Default; any wasted expenditure or charges rendered unnecessary and/or incurred by the CLIENT arising from the SERVICE PROVIDER'S Default; and the additional cost of procuring replacement services for the remainder of the Contract Period following termination of the Contract as a result of a Default by the SERVICE PROVIDER. Nothing in this Contract shall impose any liability on the CLIENT in respect of any liability incurred by the SERVICE PROVIDER to any other person, but this shall not be taken to exclude or limit any liability of the CLIENT to the SERVICE PROVIDER that may arise by virtue of either a breach of the Contract or by negligence on the part of the CLIENT, or the CLIENT'S employees, servants or agents. The SERVICE PROVIDER shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the SERVICE PROVIDER, arising out of the SERVICE PROVIDER’S performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the SERVICE PROVIDER. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. The SERVICE PROVIDER shall hold employer’s liability insurance in respect of Staff in accordance with any legal requirement from time to time in force. The SERVICE PROVIDER shall give the CLIENT, on request, copies of all insurance policies referred to in this Clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. If, for whatever reason, the SERVICE PROVIDER fails to give effect to and maintain the insurances required by the provisions of the Contract the CLIENT may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the SERVICE PROVIDER. The provisions of any insurance or the amount of cover shall not relieve the SERVICE PROVIDER of any liabilities under the Contract. It shall be the responsibility of the SERVICE PROVIDER to determine the amount of insurance cover that will be adequate to enable the SERVICE PROVIDER to satisfy any liability referred to in Clause 50.3.
Appears in 2 contracts
Samples: Search and Related Services Framework Agreement, Search and Related Services Framework Agreement
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; any claim under Clause 8.353; or any claim under the indemnity in Clause 38.10 or in respect of any breach of Clause 6.334, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 50.4 and Clause 8.1.450.5, the Supplier SERVICE PROVIDER shall indemnify and keep the Authority CLIENT indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier SERVICE PROVIDER of its obligations under the Contract or the presence of the Supplier SERVICE PROVIDER or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierSERVICE PROVIDER, or any other loss which is caused directly or indirectly by any act or omission of the SupplierSERVICE PROVIDER. The Supplier SERVICE PROVIDER shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority CLIENT or by breach by the Authority CLIENT of its obligations under the Contract. Subject to Clause 8.1.1 50.2 and Clause 8.1.450.5, the liability of either Party for Defaults shall be subject to the following financial limits:- the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one five million pounds sterling (£1,000,0005,000,000); andand except as set out in Clause 50.2.1, the annual aggregate liability under the Contract of either Party for all Defaults shall in no event exceed the lesser of two million pounds sterling (£2,000,000) or one hundred and fifty per cent (150%) of the Contract Price payable by the CLIENT to the SERVICE PROVIDER in the year in which the liability arises. Subject to Clause 50.2, in no event shall either Party be liable to the other for any:- loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; and/or loss of savings (whether anticipated or otherwise); and/or any indirect or consequential loss or damage. The CLIENT may, amongst other things, recover as a direct loss:- any additional operational and/or administrative expenses arising from the SERVICE PROVIDER'S Default; any wasted expenditure or charges rendered unnecessary and/or incurred by the CLIENT arising from the SERVICE PROVIDER'S Default; and the additional cost of procuring replacement services for the remainder of the Contract Period following termination of the Contract as a result of a Default by the SERVICE PROVIDER. Nothing in this Contract shall impose any liability on the CLIENT in respect of any liability incurred by the SERVICE PROVIDER to any other person, but this shall not be taken to exclude or limit any liability of the CLIENT to the SERVICE PROVIDER that may arise by virtue of either a breach of the Contract or by negligence on the part of the CLIENT, or the CLIENT'S employees, servants or agents. The SERVICE PROVIDER shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the SERVICE PROVIDER, arising out of the SERVICE PROVIDER’S performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the SERVICE PROVIDER. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. The SERVICE PROVIDER shall hold employer’s liability insurance in respect of Staff in accordance with any legal requirement from time to time in force. The SERVICE PROVIDER shall give the CLIENT, on request, copies of all insurance policies referred to in this Clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. If, for whatever reason, the SERVICE PROVIDER fails to give effect to and maintain the insurances required by the provisions of the Contract the CLIENT may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the SERVICE PROVIDER. The provisions of any insurance or the amount of cover shall not relieve the SERVICE PROVIDER of any liabilities under the Contract. It shall be the responsibility of the SERVICE PROVIDER to determine the amount of insurance cover that will be adequate to enable the SERVICE PROVIDER to satisfy any liability referred to in Clause 50.3.
Appears in 1 contract
Samples: Executive Search and Related Services Framework Agreement
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 Act 1979 or Section 2 of the Supply of Goods and Services Xxx 0000Act 1982; any claim under Clause 8.318.1.20; or any claim under the indemnity in Clause 14.1.59 or in respect of any breach of Clause 6.314.1.23, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 18.1.7 and Clause 8.1.418.1.8, the Supplier Service Provider shall indemnify and keep the Authority Client indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier Service Provider of its obligations under the Contract or the presence of the Supplier Service Provider or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierService Provider, or any other loss which is caused directly or indirectly by any act or omission of the SupplierService Provider. The Supplier Service Provider shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Client or by breach by the Authority Client of its obligations under the Contract. Subject to Clause 8.1.1 18.1.5 and Clause 8.1.418.1.8, the liability of either Party for Defaults shall be subject to the following financial limits:- the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one five million pounds sterling (£1,000,0005,000,000); andand except as set out in Clause 18.1.5(a), the annual aggregate liability under the Contract of either Party for all Defaults shall in no event exceed the lesser of [insert figure in words pounds sterling (£insert figure) or one hundred and fifty per cent (150%) of the Contract Price payable by the Client to the Service Provider in the year in which the liability arises. Subject to Clause 18.1.5, in no event shall either Party be liable to the other for any:- loss of profits; loss of business; loss of revenue; loss of or damage to goodwill; and/or loss of savings (whether anticipated or otherwise); and/or any indirect or consequential loss or damage. The Client may, amongst other things, recover as a direct loss:- any additional operational and/or administrative expenses arising from the Service Provider's Default; any wasted expenditure or charges rendered unnecessary and/or incurred by the Client arising from the Service Provider's Default; and the additional cost of procuring replacement services for the remainder of the Contract Period following termination of the Contract as a result of a Default by the Service Provider. Nothing in this Contract shall impose any liability on the Client in respect of any liability incurred by the Service Provider to any other person, but this shall not be taken to exclude or limit any liability of the Client to the Service Provider that may arise by virtue of either a breach of the Contract or by negligence on the part of the Client, or the Client's employees, servants or agents. The Service Provider shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Service Provider, arising out of the Service Provider’s performance of its obligations under the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Service Provider. Such insurance shall be maintained for the duration of the Contract Period and for a minimum of six (6) years following the expiration or earlier termination of the Contract. The Service Provider shall hold employer’s liability insurance in respect of Staff in accordance with any legal requirement from time to time in force. The Service Provider shall give the Client, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. If, for whatever reason, the Service Provider fails to give effect to and maintain the insurances required by the provisions of the Contract the Client may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Service Provider. The provisions of any insurance or the amount of cover shall not relieve the Service Provider of any liabilities under the Contract. It shall be the responsibility of the Service Provider to determine the amount of insurance cover that will be adequate to enable the Service Provider to satisfy any liability referred to in Clause 18.1.6.
Appears in 1 contract
Samples: data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 Act 1979 or Section 2 of the Supply of Goods and Services Xxx 0000Act 1982; any claim under Clause 8.3; or any claim in respect of any breach of Clause 6.3, or any other mater matter which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 and Clause 8.1.4, the Supplier shall indemnify and keep the Authority indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier of its obligations under the Contract or the presence of the Supplier or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Supplier, or any other loss which is caused directly or indirectly by any act or omission of the Supplier. The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject to Clause 8.1.1 and Clause 8.1.4, the liability of either Party for Defaults shall be subject to the following financial limits:- the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million hundred thousand pounds sterling (£1,000,000100,000); and
Appears in 1 contract
Samples: data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 Act 1979 or Section 2 of the Supply of Goods and Services Xxx 0000Act 1982; any claim under Clause 8.39.3; or any claim in respect of any breach of Clause 6.37.3, or any other mater matter which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 9.1.3 and Clause 8.1.49.1.4, the Supplier shall indemnify and keep the Authority indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier of its obligations under the Contract or the presence of the Supplier or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Supplier, or any other loss which is caused directly or indirectly by any act or omission of the Supplier. The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject to Clause 8.1.1 9.1.1 and Clause 8.1.49.1.4, the liability of either Party for Defaults shall be subject to the following financial limits:- the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million pounds sterling (£1,000,000); and
Appears in 1 contract
Samples: data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; any claim under Clause 8.39.3; or any claim in respect of any breach of Clause 6.37.3, or any other mater matter which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 9.1.3 and Clause 8.1.49.1.4, the Supplier shall indemnify and keep the Authority indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier of its obligations under the Contract or the presence of the Supplier or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Supplier, or any other loss which is caused directly or indirectly by any act or omission of the Supplier. The Supplier shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority or by breach by the Authority of its obligations under the Contract. Subject to Clause 8.1.1 9.1.1 and Clause 8.1.49.1.4, the liability of either Party for Defaults shall be subject to the following financial limits:- the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million pounds sterling (£1,000,000); and
Appears in 1 contract
Samples: data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed Neither Party excludes or limits liability to limit or exclude either Party's liability for:- the other Party for: death or personal injury caused by its negligence or that of its Staffnegligence; or fraud fraud; or fraudulent misrepresentation by it misrepresentation; or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; any claim under Clause 8.3; or any claim in respect of any breach of Clause 6.3, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 clauses 9.1.3 and Clause 8.1.49.1.4, the Supplier Contractor shall indemnify the Institute and keep the Authority Institute indemnified in full from and fully against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or the late or purported supply, of the Services or the performance or non-performance by the Supplier Contractor of its obligations under the Contract Agreement or the presence of the Supplier Contractor or any Staff staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierContractor, or any other loss which is caused directly or indirectly by any act or omission of the SupplierContractor. The Supplier Contractor shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Institute or by breach by the Authority Institute of its obligations under the ContractAgreement. Subject always to Clause 8.1.1 and Clause 8.1.4clause 9.1.1, the liability of either Party for Defaults shall be subject to the following financial limits:- limits: the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract Agreement shall in no event exceed one million pounds sterling 125% of the fees payable by the Institute to the Contractor. Subject always to clause 9.1.1, in no event shall either Party be liable to the other for any: loss of profits, business, revenue or goodwill; and/or loss of savings (£1,000,000whether anticipated or otherwise); andand/or indirect or consequential loss or damage. The Contractor shall not exclude liability for additional operational, administrative costs and/or expenses or wasted expenditure resulting from the direct Default of the Contractor. The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor, arising out of the Contractor’s performance of its obligations under the Agreement, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor. Such insurance shall be maintained for the duration of the Agreement Period and for a minimum of 6 (six) years following the expiration or earlier termination of the Agreement. The Contractor shall hold employer’s liability insurance in respect of staff in accordance with any legal requirement from time to time in force. The Contractor shall give the Institute, on request, copies of all insurance policies referred to in this clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies. If, for whatever reason, the Contractor fails to give effect to and maintain the insurances required by the provisions of the Agreement the Institute may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Contractor.
Appears in 1 contract
Samples: data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 Act 1979 or Section 2 of the Supply of Goods and Services Xxx 0000Act 1982; any claim under Clause 8.312.4; or any claim under the indemnity in Clause 10.7.10 or in respect of any breach of Clause 6.310.3, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 12.1.3 and Clause 8.1.412.1.4, the Supplier Provider shall indemnify and keep the Authority Customer indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Goods and Services or the performance or non-performance by the Supplier Provider of its obligations under the Contract or the presence of the Supplier Provider or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierProvider, or any other loss which is caused directly or indirectly by any act or omission of the SupplierProvider. The Supplier Provider shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Customer or by breach by the Authority Customer of its obligations under the Contract. Subject to Clause 8.1.1 12.1.1 and Clause 8.1.412.1.4, the liability of either Party for Defaults shall be subject to the following financial limits:- [Guidance : The cap on liability for direct loss or damage to property and the cap on liability for all other Defaults should reflect the risks associated with the contract and the value of the contract.] the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million [[insert figure in words] pounds sterling (£1,000,000insert figure)]; and
Appears in 1 contract
Samples: Framework Agreement
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 Act 1979 or Section 2 of the Supply of Goods and Services Xxx 0000Act 1982; any claim under Clause 8.323; or any claim under the indemnity in Clause 17.1.10 or in respect of any breach of Clause 6.316.1.23, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 21.1.4 and Clause 8.1.421.1.5, the Supplier Service Provider shall indemnify and keep the Authority Customer indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier Service Provider of its obligations under the Contract or the presence of the Supplier Service Provider or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierService Provider, or any other loss which is caused directly or indirectly by any act or omission of the SupplierService Provider. The Supplier Service Provider shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Customer or by breach by the Authority Customer of its obligations under the Contract. Subject to Clause 8.1.1 21.1.2 and Clause 8.1.421.1.5, the liability of either Party for Defaults shall be subject to the following financial limits:- [Guidance : The cap on liability for direct loss or damage to property and the cap on liability for all other Defaults should reflect the risks associated with the contract and the value of the contract.] the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million [[insert figure in words] pounds sterling (£1,000,000insert figure)]; and
Appears in 1 contract
Samples: data.gov.uk
LIABILITY, INDEMNITY AND INSURANCE. Nothing in this Contract shall be construed to limit or exclude either Party's liability for:- death or personal injury caused by its negligence or that of its Staff; or fraud or fraudulent misrepresentation by it or its Staff; any breach of any obligations implied by Section 12 of the Sale of Goods Xxx 0000 or Section 2 of the Supply of Goods and Services Xxx 0000; any claim under Clause 8.323; or any claim under the indemnity in Clause 17.1.10 or in respect of any breach of Clause 6.316.1.23, or any other mater which, by Law, may not be limited or excluded. Subject to Clause 8.1.3 21.1.4 and Clause 8.1.421.1.5, the Supplier Service Provider shall indemnify and keep the Authority Customer indemnified in full from and against all claims, proceedings, actions, damages, costs, expenses and any other liabilities which may arise out of, or in consequence of, the supply, or late or purported supply, of the Services or the performance or non-performance by the Supplier Service Provider of its obligations under the Contract or the presence of the Supplier Service Provider or any Staff on the Premises, including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the SupplierService Provider, or any other loss which is caused directly or indirectly by any act or omission of the SupplierService Provider. The Supplier Service Provider shall not be responsible for any injury, loss, damage, cost or expense if and to the extent that it is caused by the negligence or wilful misconduct of the Authority Customer or by breach by the Authority Customer of its obligations under the Contract. Subject to Clause 8.1.1 21.1.2 and Clause 8.1.421.1.5, the liability of either Party for Defaults shall be subject to the following financial limits:- [Guidance: The cap on liability for direct loss or damage to property and the cap on liability for all other Defaults should reflect the risks associated with the contract and the value of the contract.] the aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with the Contract shall in no event exceed one million [[insert figure in words] pounds sterling (£1,000,000insert figure)]; and
Appears in 1 contract
Samples: Framework Agreement
