whatsoever whether arising in tort (including negligence) default or breach of this agreement, to the extent that any such loss or claim is due to the breach of contract, negligence, wilful default or fraud of itself or of its employees or of any of its Representatives or Sub-contractors save to the extent that the same is directly caused by or directly arises from the negligence, breach of this agreement or applicable Law by the Authority or its Representatives (excluding any Suppliers Personnel). 17. LIMITATION OF LIABILITY 17.1 Subject to Clause 17.2, neither shall be liable to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this agreement. 17.2 Notwithstanding the provisions of Clause 17.1, the Supplier assumes responsibility for and acknowledges that the Authority may, amongst other things, recover: (a) sums paid by the Authority to the Supplier pursuant to this agreement, in respect of any goods not provided in accordance with the agreement; (b) wasted expenditure; (c) additional of procuring and implementing replacements for, or alternatives to, the Goods, including consultancy costs, additional costs of management time and other personnel costs and costs of equipment and materials; (d) losses incurred by the Authority arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any Subcontract, Supplier’s Personnel, regulator or customer of the Authority) against the Authority caused by the act or omission of the Supplier; 17.3 Each party shall at all times take all reasonable steps to minimise and mitigate any loss or damage arising out of or in connection with this agreement, including any losses for which the relevant party is entitled to bring a claim against the other party pursuant to the indemnities in this agreement. 17.4 Notwithstanding any other provision of this agreement neither party limits or excludes its liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence (or the negligence of its personnel, agents or subcontractors); (c) breach of any obligation as to implied by statute; or
whatsoever whether arising in tort (including negligence) default or breach of this agreement, to the extent that any such loss or claim is due to the breach of contract, negligence, wilful default or fraud of itself or of its employees or of any of its Representatives or Sub-contractors save to the extent that the same is directly caused by or directly arises from the negligence, breach of this agreement or applicable Law by the Authority or its Representatives (excluding any Suppliers Personnel). 17. LIMITATION OF LIABILITY 17.1 Subject to Clause 17.2, neither shall be liable to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this agreement. 17.2 Notwithstanding the provisions of Clause 17.1, the Supplier assumes responsibility for and acknowledges that the Authority may, amongst other things, recover: (a) sums paid by the Authority to the Supplier pursuant to this agreement, in respect of any goods not provided in accordance with the agreement; (b) wasted expenditure; (c) additional of procuring and implementing replacements for, or alternatives to, the Goods, including consultancy costs, additional costs of management time and other personnel costs and costs of equipment and materials; (d) losses incurred by the Authority arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including any Subcontract, Supplier’s Personnel, regulator or customer of the Authority) against the Authority caused by the act or omission of the Supplier; 17.3 Each party shall at all times take all reasonable steps to minimise and mitigate any loss or damage arising out of or in connection with this agreement, including any losses for which the relevant party is entitled to bring a claim against the other party pursuant to the indemnities in this agreement. 17.4 Notwithstanding any other provision of this agreement neither party limits or excludes its liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence (or the negligence of its personnel, agents or subcontractors); (c) breach of any obligation as to implied by statute; or
ITT%20-%20Goods.docx