Indemnity In this clause: Loss any loss, damage, liability, action, suit, Claim, demand, charge, cost or expense of any kind. Claim means any claim, demand, proceedings, dispute or complaint of any nature or any kind. The Sub-contractor indemnifies, and agrees to keep indemnified, the Lead Contractor and FACS and their respective Personnel, against any Loss which they pay, suffer, incur or are liable for in connection with or arising from: any unlawful, negligent, reckless or deliberately wrongful act or omission of the or its Personnel; any breach of this agreement by the Sub-contractor or its Personnel; any infringement of intellectual property rights by the Sub-contractor or its Personnel in relation to the Services or this agreement; or any death, personal injury, loss or damage suffered by any person accessing or affected by the Services that are caused or contributed to by the Sub-Contractor or its Personnel. Where Loss has been caused in part by the Sub-contractor, the indemnity only applies to the extent that the Sub-contractor is responsible for the Loss. The Lead Contractor indemnifies and agrees to keep indemnified the Sub-contractor and its Personnel, against any Loss which they pay, suffer, incur or are liable for in connection with or arising from: any unlawful, negligent, reckless or deliberately wrongful act or omission of the Lead Contractor or its Personnel or any breach of this agreement; and FACS terminating the FACS Funding Agreements for cause under clause 19.1 of the FACS Funding Deed, but only where the breach of the FACS Funding Agreements by the Lead Contractor resulting in the termination of the FACS Funding Agreements is not caused or contributed to by the acts or omissions of the Sub-contractor or its Personnel (whether under this agreement or otherwise). The Lead Contractor does not indemnify the Sub-contractor for any Loss connected to reasonable acts or omissions of the Lead Contractor taken because of acts or omissions of FACS (for example where FACS terminates the FACS Funding Agreements for convenience), or any Loss that is connected to reasonable acts or omissions of the Lead Contractor related to meeting its obligations under the FACS Funding Agreements or under law. Warranties The Sub-contractor represents and warrants to the Lead Contractor that the following warranties are true and correct and not misleading on the commencement of this agreement and for the duration of the Term:
Indemnity In this clause: Loss any loss, damage, liability, action, suit, Claim, demand, charge, cost or expense of any kind. Claim means any claim, demand, proceedings, dispute or complaint of any nature or any kind. The Sub-contractor indemnifies, and agrees to keep indemnified, the Lead Contractor and FACS and their respective Personnel, against any Loss which they pay, suffer, incur or are liable for in connection with or arising from: any unlawful, negligent, reckless or deliberately wrongful act or omission of the or its Personnel; any breach of this agreement by the Sub-contractor or its Personnel; any infringement of intellectual property rights by the Sub-contractor or its Personnel in relation to the Services or this agreement; or any death, personal injury, loss or damage suffered by any person accessing or affected by the Services that are caused or contributed to by the Sub-Contractor or its Personnel. Where Loss has been caused in part by the Sub-contractor, the indemnity only applies to the extent that the Sub-contractor is responsible for the Loss. The Lead Contractor indemnifies and agrees to keep indemnified the Sub-contractor and its Personnel, against any Loss which they pay, suffer, incur or are liable for in connection with or arising from: any unlawful, negligent, reckless or deliberately wrongful act or omission of the Lead Contractor or its Personnel or any breach of this agreement; and FACS terminating the FACS Funding Agreements for cause under clause 19.1 of the FACS Funding Deed, but only where the breach of the FACS Funding Agreements by the Lead Contractor resulting in the termination of the FACS Funding Agreements is not caused or contributed to by the acts or omissions of the Sub-contractor or its Personnel (whether under this agreement or otherwise). The Lead Contractor does not indemnify the Sub-contractor for any Loss connected to reasonable acts or omissions of the Lead Contractor taken because of acts or omissions of FACS (for example where FACS terminates the FACS Funding Agreements for convenience), or any Loss that is connected to reasonable acts or omissions of the Lead Contractor related to meeting its obligations under the FACS Funding Agreements or under law. Warranties The Sub-contractor represents and warrants to the Lead Contractor that the following warranties are true and correct and not misleading on the commencement of this agreement and for the duration of the Term:
Template_Sub-contract_Agreement_0.docx