Common use of Liability of Service Provider Clause in Contracts

Liability of Service Provider. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 2.1 (Service Provider's warranties and Undertakings) shall be in addition to and without prejudice to any other present or future liability of the Service Provider to the Authority (including, without prejudice to the generality of the foregoing, any liability in negligence) and shall not be released, diminished or in any other way be affected by any independent enquiry into any relevant matter which may be made or carried out by or on behalf of the Authority by any person nor by any action or omission of any person whether or not such action or omission might give rise to an independent liability of such person to the Authority provided always that the Service Provider shall owe no greater duties or obligations to the Authority under this Agreement than it owes or would have owed to DBFM Co under the Service Contract. Without prejudice to Clause 12 (Aggregate Liability), the Service Provider shall be entitled in any action or proceedings brought by the Authority under this Agreement to rely on any limitation or exclusion of liability in the Service Contract and to raise equivalent rights in defence of liability (but excluding set-offs and counterclaims) as it would have against DBFM Co under the Service Contract. [Retained Employee Indemnity If the Design Build Finance and Maintain Agreement is terminated because of a DBFM Co default then the Service Provider shall indemnify and keep indemnified the Authority against all Direct Losses relating to any contractual claims made by Retained Employees as a consequence of their redundancy resulting from the early termination of the Design Build Finance and Maintain Agreement and/or the Service Contract. The Authority will use reasonable endeavours to mitigate such Direct Losses.]

Liability of Service Provider. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 2.1 (Service Provider's warranties and Undertakings) shall be in addition to and without prejudice to any other present or future liability of the Service Provider to the Authority (including, without prejudice to the generality of the foregoing, any liability in negligence) and shall not be released, diminished or in any other way be affected by any independent enquiry into any relevant matter which may be made or carried out by or on behalf of the Authority by any person nor by any action or omission of any person whether or not such action or omission might give rise to an independent liability of such person to the Authority provided always that the Service Provider shall owe no greater duties or obligations to the Authority under this Agreement than it owes or would have owed to DBFM Co Sub-hubco under the Service Contract. Without prejudice to Clause 12 (Aggregate Liability), the Service Provider shall be entitled in any action or proceedings brought by the Authority under this Agreement to rely on any limitation or exclusion of liability in the Service Contract and to raise equivalent rights in defence of liability (but excluding set-offs and counterclaims) as it would have against DBFM Co Sub-hubco under the Service Contract. [Retained Employee Indemnity If the Design Build Finance and Maintain Agreement is terminated because of a DBFM Co Sub-hubco default then the Service Provider shall indemnify and keep indemnified the Authority against all Direct Losses relating to any contractual claims made by Retained Employees as a consequence of their redundancy resulting from the early termination of the Design Build Finance and Maintain Agreement and/or the Service Contract. The Authority will use reasonable endeavours to mitigate such Direct Losses.]

Liability of Service Provider. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 2.1 (Service Provider's warranties and Undertakings) shall be in addition to and without prejudice to any other present or future liability of the Service Provider to the Authority (including, without prejudice to the generality of the foregoing, any liability in negligence) and shall not be released, diminished or in any other way be affected by any independent enquiry into any relevant matter which may be made or carried out by or on behalf of the Authority by any person nor by any action or omission of any person whether or not such action or omission might give rise to an independent liability of such person to the Authority provided always that the Service Provider shall owe no greater duties or obligations to the Authority under this Agreement than it owes or would have owed to DBFM Project Co under the Service Contract. Without prejudice to Clause 12 (Aggregate Liability), the Service Provider shall be entitled in any action or proceedings brought by the Authority under this Agreement to rely on any limitation or exclusion of liability in the Service Contract and to raise equivalent rights in defence of liability (but excluding set-offs and counterclaims) as it would have against DBFM Project Co under the Service Contract. [Retained Employee Indemnity If the Design Build Finance and Maintain Agreement is terminated because of a DBFM Project Co default then the Service Provider shall indemnify and keep indemnified the Authority against all Direct Losses relating to any contractual claims made by Retained Employees as a consequence of their redundancy resulting from the early termination of the Design Build Finance and Maintain Agreement and/or the Service Contract. The Authority will use reasonable endeavours to mitigate such Direct Losses.]

Liability of Service Provider. Any liability arising from any claim for breach of the warranty under or pursuant to Clause 2.1 157.1 (Service Provider's warranties and Undertakings) shall be in addition to and without prejudice to any other present or future liability of the Service Provider to the Authority (including, without prejudice to the generality of the foregoing, any liability in negligence) and shall not be released, diminished or in any other way be affected by any independent enquiry into any relevant matter which may be made or carried out by or on behalf of the Authority by any person nor by any action or omission of any person whether or not such action or omission might give rise to an independent liability of such person to the Authority provided always that the Service Provider shall owe no greater duties or obligations to the Authority under this Agreement than it owes or would have owed to DBFM Project Co under the Service Contract. Without prejudice to Clause 12 147 (Aggregate Liability), the Service Provider shall be entitled in any action or proceedings brought by the Authority under this Agreement to rely on any limitation or exclusion of liability in the Service Contract and to raise equivalent rights in defence of liability (but excluding set-offs and counterclaims) as it would have against DBFM Project Co under the Service Contract. [Retained Employee Indemnity If the Design Build Finance and Maintain Agreement is terminated because of a DBFM Project Co default then the Service Provider shall indemnify and keep indemnified the Authority against all Direct Losses relating to any contractual claims made by Retained Employees as a consequence of their redundancy resulting from the early termination of the Design Build Finance and Maintain Agreement and/or the Service Contract. The Authority will use reasonable endeavours to mitigate such Direct Losses.]