Common use of Indemnities and Limitation of Liability Clause in Contracts

Indemnities and Limitation of Liability. Under no circumstances shall either Party be liable for any indirect, consequential or like damages which may arise pursuant to this Agreement, at any time whatsoever, due to any cause whatsoever and/or for any reason whatsoever. The CONTRACTOR accepts, and shall have, no responsibility, liability and/or accountability for the acts and/or neglects of any Suppliers and/or PRASA and/or PRASA employees. Any claim, of any nature whatsoever, which PRASA may have at any time whatsoever and against whomsoever, must be lodged by PRASA in writing with the CONTRACTOR within 30 (thirty) days after the CONTRACTOR had made the relevant reservation/booking for and/or on behalf of PRASA. Any and all claims which PRASA may have against the CONTRACTOR shall lapse and prescribe no later than 3 (three) moths after PRASA became aware of such claim, provided PRASA has not formally instituted such claim against the CONTRACTOR within the said 3 (three) month period. The CONTRACTOR’s liability, accountability and/or responsibility for any loss, cost, claim, demand, liability and/or damage suffered by PRASA, if any, is limited to R10,000.00 (ten thousand Rand) per incident. CESSION OR DELEGATION AND SUBCONTRACTING Neither Party shall cede or delegate any of its rights or obligations under this Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other Party. Should the CONTRACTOR apply to cede or assign the whole portion of the Agreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. The CONTRACTOR may sub-contract any of its obligations in terms of this Agreement to a third party, provided that: such sub-contracting shall not absolve the CONTRACTOR from the responsibility of complying with its obligations in terms of this Agreement and the CONTRACTOR hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; such sub-contracting shall not have the effect of diluting or circumventing the provisions of the CONTRACTOR Bid submission and this Agreement; the CONTRACTOR shall at all times remain the sole point of contact for PRASA in respect of the Services performed and rendered by the CONTRACTOR to PRASA; and no such sub-contracting shall have any effect on the amount payable by PRASA to the CONTRACTOR for the performance and rendering of the Services in terms of this Agreement. The CONTRACTOR shall, during the term of this agreement, not be allowed to proceed with any of the following matters prior to receiving written consent of PRASA’s Chief Procurement Officer and Group Chief Executive Officer: any transfer of any amount of shares of the CONTRACTOR; any change in the composition of the CONTRACTOR; any change in the ownership of the CONTRACTOR; any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the CONTRACTOR; or any change on the BBBEE component of the CONTRACTOR Provided that the CONTRACTOR shall not require any approval and/or consent of the PRASA and/or PRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 26.4.1 to 26.4.5, any transfer of any amount of shares of the CONTRACTOR and/or any change on the BBBEE component of the CONTRACTOR does not have an adverse impact on the BBBEE status of the CONTRACTOR. PUBLIC RELATIONS AND PUBLICITY The CONTRACTOR acknowledges that certain information pertaining to the performance and rendering of the Services by the CONTRACTOR to PRASA in terms of this Agreement is required to be disclosed in accordance with the statutory reporting obligations of PRASA as it may be required to publish from time to time in response to enquiries from: Parliament and its members and officers in accordance with the provisions of the Public Finance Management Act, Act 1 of 1999; and the Auditor-General under the Public Audit Act, Act 25 of 2004; and persons acting in the public interest in accordance with the provisions of the Promotion of Access to Information Act, Act 2 of 2000.

Indemnities and Limitation of Liability. Under no circumstances shall either Party be liable for any indirect, consequential or like special damages which may arise pursuant to this Agreement, at any time whatsoever, due to any cause whatsoever and/or for any reason whatsoeverwhatsoever save and except where such damages may not be excluded by Applicable Law. The CONTRACTOR accepts, and Consultant shall have, have no responsibility, liability and/or accountability for the negligent and/or intentional acts and/or neglects omissions of any Suppliers of PRASA’s suppliers and/or PRASA and/or PRASA employees. Any claim, of any nature whatsoever, which PRASA may have at any time whatsoever and against whomsoever, must be lodged by PRASA in writing with the CONTRACTOR within 30 (thirty) days after the CONTRACTOR had made the relevant reservation/booking for and/or on behalf of PRASA. Any and all claims which PRASA may have against the CONTRACTOR shall lapse and prescribe no later than 3 (three) moths after PRASA became aware of such claim, provided PRASA has not formally instituted such claim against the CONTRACTOR within the said 3 (three) month period. The CONTRACTORConsultant’s liability, accountability and/or responsibility for any loss, cost, claim, demand, liability and/or damage suffered by PRASAPRASA in terms of this Agreement, if any, is limited to R10,000.00 (ten thousand Rand) per proven incident. CESSION OR DELEGATION AND SUBCONTRACTING Neither Party shall cede or delegate any of its rights or obligations under this Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other Party. Should the CONTRACTOR Consultant apply to cede or assign the whole portion of the Agreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the SellerConsultant’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. The CONTRACTOR Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that: such sub-contracting shall not absolve the CONTRACTOR Consultant from the responsibility of complying with its obligations in terms of this Agreement and the CONTRACTOR Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage (subject to clause 25) which PRASA may suffer as a result of such sub-contracting; such sub-contracting shall not have the effect of diluting or circumventing the provisions of the CONTRACTOR Consultant Bid submission and this Agreement; the CONTRACTOR Consultant shall at all times remain the sole point of contact for PRASA in respect of the Services performed and rendered by the CONTRACTOR Consultant to PRASA; and no such sub-contracting shall have any effect on the amount payable by PRASA to the CONTRACTOR Consultant for the performance and rendering of the Services in terms of this Agreement. The CONTRACTOR Consultant shall, during the term of this agreement, not be allowed give written notice to proceed with PRASA should any of the following matters prior to receiving written consent of PRASA’s Chief Procurement Officer and Group Chief Executive Officer: any transfer of any amount of shares of the CONTRACTOR; any change in the composition of the CONTRACTOR; occur;:- any change in the ownership of the CONTRACTORConsultant; any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the CONTRACTOR; or any change on the BBBEE component of the CONTRACTOR Provided that the CONTRACTOR shall not require any approval and/or consent of the PRASA and/or PRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 26.4.1 to 26.4.5, any transfer of any amount of shares of the CONTRACTOR and/or any change on the BBBEE component of the CONTRACTOR does not have an adverse impact on the BBBEE status of the CONTRACTOR. PUBLIC RELATIONS AND PUBLICITY The CONTRACTOR acknowledges that certain information pertaining to the performance and rendering of the Services by the CONTRACTOR to PRASA in terms of this Agreement is required to be disclosed in accordance with the statutory reporting obligations of PRASA as it may be required to publish from time to time in response to enquiries from: Parliament and its members and officers in accordance with the provisions of the Public Finance Management Act, Act 1 of 1999; and the Auditor-General under the Public Audit Act, Act 25 of 2004; and persons acting in the public interest in accordance with the provisions of the Promotion of Access to Information Act, Act 2 of 2000.Consultant

Indemnities and Limitation of Liability. Under no circumstances shall either Party be liable for any indirect, consequential or like damages which may arise pursuant to this Agreement, at any time whatsoever, due to any cause whatsoever and/or for any reason whatsoever. The CONTRACTOR Consultant accepts, and shall have, no responsibility, liability and/or accountability for the acts and/or neglects of any Suppliers and/or PRASA and/or PRASA employees. Any claim, of any nature whatsoever, which PRASA may have at any time whatsoever and against whomsoever, must be lodged by PRASA in writing with the CONTRACTOR Consultant within 30 (thirty) days after the CONTRACTOR Consultant had made the relevant reservation/booking for and/or on behalf of PRASA. Any and all claims which PRASA may have against the CONTRACTOR Consultant shall lapse and prescribe no later than 3 (three) moths after PRASA became aware of such claim, provided PRASA has not formally instituted such claim against the CONTRACTOR Consultant within the said 3 (three) month period. The CONTRACTORConsultant’s liability, accountability and/or responsibility for any loss, cost, claim, demand, liability and/or damage suffered by PRASA, if any, is limited to R10,000.00 (ten thousand Rand) per incident. CESSION OR DELEGATION AND SUBCONTRACTING Neither Party shall cede or delegate any of its rights or obligations under this Agreement nor enter into any sub-contract of whatever nature for the execution therefore or part thereof without the prior written consent of the other Party. Should the CONTRACTOR Consultant apply to cede or assign the whole portion of the Agreement, the circumstances shall be reported to the PRASA. The PRASA shall be notified immediately of the Seller’s intention to cede and/or assign its business. The name(s) of the new company and its directors shall be furnished to the PRASA together with any other information reasonably required by the PRASA. The CONTRACTOR Consultant may sub-contract any of its obligations in terms of this Agreement to a third party, provided that: such sub-contracting shall not absolve the CONTRACTOR Consultant from the responsibility of complying with its obligations in terms of this Agreement and the CONTRACTOR Consultant hereby indemnifies and holds PRASA harmless against any loss, harm or damage which PRASA may suffer as a result of such sub-contracting; such sub-contracting shall not have the effect of diluting or circumventing the provisions of the CONTRACTOR Consultant Bid submission and this Agreement; the CONTRACTOR Consultant shall at all times remain the sole point of contact for PRASA in respect of the Services performed and rendered by the CONTRACTOR Consultant to PRASA; and no such sub-contracting shall have any effect on the amount payable by PRASA to the CONTRACTOR Consultant for the performance and rendering of the Services in terms of this Agreement. The CONTRACTOR Consultant shall, during the term of this agreement, not be allowed to proceed with any of the following matters prior to receiving written consent of PRASA’s Chief Procurement Officer and Group Chief Executive Officer: any transfer of any amount of shares of the CONTRACTORConsultant; any change in the composition of the CONTRACTORConsultant; any change in the ownership of the CONTRACTORConsultant; any material change in the constitution, memorandum, articles of association of similar document providing for the creation, formation or incorporation of the CONTRACTORConsultant; or any change on the BBBEE component of the CONTRACTOR Provided that the CONTRACTOR shall not require any approval and/or consent of the PRASA and/or PRASA’s Chief Procurement Officer and Group Chief Executive Officer where any change as contemplated in clauses 26.4.1 to 26.4.5, any transfer of any amount of shares of the CONTRACTOR and/or any change on the BBBEE component of the CONTRACTOR does not have an adverse impact on the BBBEE status of the CONTRACTOR. PUBLIC RELATIONS AND PUBLICITY The CONTRACTOR acknowledges that certain information pertaining to the performance and rendering of the Services by the CONTRACTOR to PRASA in terms of this Agreement is required to be disclosed in accordance with the statutory reporting obligations of PRASA as it may be required to publish from time to time in response to enquiries from: Parliament and its members and officers in accordance with the provisions of the Public Finance Management Act, Act 1 of 1999; and the Auditor-General under the Public Audit Act, Act 25 of 2004; and persons acting in the public interest in accordance with the provisions of the Promotion of Access to Information Act, Act 2 of 2000.Consultant