that all amounts payable to or in relation to its engaged in the performance of this Contract (including wages and salaries, overtime, bonus or commission (earned but unpaid), accrued holiday pay, income tax, national insurance contributions, pension contributions and insurance premiums) in respect of the period prior to the termination of this Contract shall be discharged by the Contractor and the Contractor undertakes to indemnify NRW against any and all costs, charges and expenses arising out of or in connection with such amounts; and to indemnify NRW and any Replacement Contractor in respect of any claims arising from any act or omission of the Contractor in relation to any other of the Contractor’s Staff who are not employed, assigned or engaged in providing the Services under the Contract. The parties that the Contracts (Rights of Third Parties) Act 1999 shall apply to this condition 19 to the extent necessary to ensure that any Replacement Contractor shall have the right to enforce the obligations owed to, and indemnities given to, the Replacement Contractor by the Contractor in its own right pursuant to section 1(1) of the Contracts (Rights of Third Parties) Act 1999. Liability and Insurance Neither party excludes or limits liability to the other for death or personal injury caused by its negligence or for any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or such other liability that it is not permissible to exclude by law. The Contractor shall indemnify and keep indemnified NRW fully against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities whatsoever arising out of, in respect of, or in connection with the Contract 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 Contractor, or any other loss which is caused directly or indirectly by an act or omission of the Contractor. This condition 20.2 shall not apply to the extent that the Contractor is able to demonstrate that such death or personal injury, or loss or damage was not caused or contributed to by its negligence or default, or the negligence of default of its Staff or by any circumstances within its or their control.
that all amounts payable to or in relation to its engaged in the performance of this Contract (including wages and salaries, overtime, bonus or commission (earned but unpaid), accrued holiday pay, income tax, national insurance contributions, pension contributions and insurance premiums) in respect of the period prior to the termination of this Contract shall be discharged by the Contractor and the Contractor undertakes to indemnify NRW against any and all costs, charges and expenses arising out of or in connection with such amounts; and to indemnify NRW and any Replacement Contractor in respect of any claims arising from any act or omission of the Contractor in relation to any other of the Contractor’s Staff who are not employed, assigned or engaged in providing the Services under the Contract. The parties that the Contracts (Rights of Third Parties) Act 1999 shall apply to this condition 19 to the extent necessary to ensure that any Replacement Contractor shall have the right to enforce the obligations owed to, and indemnities given to, the Replacement Contractor by the Contractor in its own right pursuant to section 1(1) of the Contracts (Rights of Third Parties) Act 1999. Liability and Insurance Neither party excludes or limits liability to the other for death or personal injury caused by its negligence or for any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or such other liability that it is not permissible to exclude by law. The Contractor shall indemnify and keep indemnified NRW fully against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities whatsoever arising out of, in respect of, or in connection with the Contract 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 Contractor, or any other loss which is caused directly or indirectly by an act or omission of the Contractor. This condition 20.2 shall not apply to the extent that the Contractor is able to demonstrate that such death or personal injury, or loss or damage was not caused or contributed to by its negligence or default, or the negligence of default of its Staff or by any circumstances within its or their control.
terms-and-conditions-and-ip-licence-for-co-deliverers.docx