Common use of Modified Software Clause in Contracts

Modified Software. 4.10.1 Each party shall enjoy the same rights and shall be bound by the same obligations provided by this condition in respect of any of those parts of modified Software present in the non-modified Software. 4.10.2 The Contractor shall have no liability whatsoever in respect of any modifications made by or on behalf of the Department other than those made under the direction and control of the Contractor himself, and the Department shall hold the Contractor harmless against all costs, charges, losses and claims which may be made against the Contractor in respect of use by HMG of such modified Deliverable Software and which were directly attributable to the modifications. The Department will additionally hold the Contractor harmless against all costs, charges, losses and claims which may be made against the Contractor in respect of use of the Software if the Department did not have the right to pass the Software to the Contractor for modification. All the above being subject to the following:- a. the Contractor shall promptly notify the Department in writing of any such costs, charges, losses or claims of which he has notice; b. the Contractor shall make no admissions without the Department's consent; c. the Contractor, at the Department's request and expense, shall allow the Department to conduct and/or settle all negotiations and litigation and give the Department all reasonable assistance. The costs incurred or recovered in such negotiations shall be for the Department's account.