Common use of Liability and Remedies Clause in Contracts

Liability and Remedies. 5.1 Subject to sub-clause 23.1 of the Framework Agreement, NGED's liability under this Self Inspection EOC Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £5,000 (five thousand pounds) per event or series of connected events. 5.2 Notwithstanding sub-clause 23.8 of the Framework Agreement, the Connection Provider accepts unlimited liability for and shall indemnify the Indemnified Parties and keep them indemnified against any fine, penalty, charge or similar sum claimed by a regulatory body (and all associated legal costs incurred) from an Indemnified Party due to Self Inspection EOC Default by the Connection Provider under this Self Inspection EOC Agreement. 5.3 The Connection Provider will not be liable for loss or damage arising from NGED's negligence or NGED's wilful failure to fulfil its responsibilities under this Self Inspection EOC Agreement. 5.4 Subject to sub-clause 23.1 of the Framework Agreement and clause 5.3 of this Self Inspection EOC Agreement, the Connection Provider shall indemnify each Indemnified Party and keep each Indemnified Party indemnified fully at all times against all demands, damages, losses, costs (including reasonable legal costs), expenses and charges arising from: (a) damage to the property of an Indemnified Party; (b) death or personal injury of any person; and (c) all claims by third parties, caused by or attributable to any act or omission by the Connection Provider in relation to this Self Inspection EOC Agreement. 5.5 The Connection Provider undertakes and agrees to take out and maintain all necessary insurance cover in full force and effect at its own cost with an insurance office of repute to cover its liabilities under this Self Inspection EOC Agreement to the extent as would be reasonably expected. 5.6 The Connection Provider shall produce at NGED’s reasonable request a copy of the insurance policy or policies relating to this Self Inspection EOC Agreement and the relevant renewal receipts for inspection by NGED. 5.7 The sum insured shall not be less than £5,000,000 for any one event or series of connected events. The Connection Provider shall not self-insure its liabilities under this Self Inspection EOC Agreement without the written consent of NGED.

Liability and Remedies. 5.1 11.1 Each party shall inform the other of any Test Prod EOC Default and afford the other a reasonable opportunity to correct the Test Prod EOC Default. 11.2 Subject to sub-clause 23.1 of the Framework Agreement, NGED's liability under this Self Inspection Test Prod Hire EOC Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £5,000 (five thousand pounds) per event or series of connected events. 5.2 11.3 Notwithstanding sub-clause 23.8 of the Framework Agreement, the Connection Provider accepts unlimited liability for and shall indemnify the Indemnified Parties and keep them indemnified against any fine, penalty, charge or similar sum claimed by a regulatory body (and all associated legal costs incurred) claimed by a regulatory body from an Indemnified Party due to Self Inspection Test Prod EOC Default by the Connection Provider under this Self Inspection Test Prod Hire EOC Agreement. 5.3 The Connection Provider will not be liable for loss or damage arising from NGED's negligence or NGED's wilful failure to fulfil its responsibilities under this Self Inspection EOC Agreement. 5.4 11.4 Subject to sub-clause 23.1 of the Framework Agreement and clause 5.3 of this Self Inspection EOC Agreement, the Connection Provider shall indemnify each Indemnified Party and keep each Indemnified Party indemnified fully at all times against all demands, damages, losses, costs (including reasonable legal costs), expenses and charges arising from: (a) damage to the property of an Indemnified Party; (b) death or personal injury of any person; and (c) all claims by third parties, caused by or attributable to any act or omission by the Connection Provider in relation to this Self Inspection Test Prod Hire EOC Agreement. 5.5 11.5 The Connection Provider undertakes and agrees to take out and maintain all necessary insurance cover in full force and effect at its own cost with an insurance office of repute to cover its liabilities under this Self Inspection Test Prod Hire EOC Agreement to the extent as would be reasonably expected. 5.6 11.6 The Connection Provider shall produce at NGED’s reasonable request a copy of the insurance policy or policies relating to this Self Inspection Test Prod Hire EOC Agreement and the relevant renewal receipts for inspection by NGED. 5.7 11.7 The sum insured shall not be less than £5,000,000 for any one event or series of connected events. The Connection Provider shall not self-insure its liabilities under this Self Inspection Test Prod Hire EOC Agreement without the written consent of NGED.

Liability and Remedies. 5.1 11.1 Each party shall inform the other of any Test Prod EOC Default and afford the other a reasonable opportunity to correct the Test Prod EOC Default. 11.2 Subject to sub-clause 23.1 of the Framework Agreement, NGEDWPD's liability under this Self Inspection Test Prod Hire EOC Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £5,000 (five thousand pounds) per event or series of connected events. 5.2 11.3 Notwithstanding sub-clause 23.8 of the Framework Agreement, the Connection Provider accepts unlimited liability for and shall indemnify the Indemnified Parties and keep them indemnified against any fine, penalty, charge or similar sum claimed by a regulatory body (and all associated legal costs incurred) claimed by a regulatory body from an Indemnified Party due to Self Inspection Test Prod EOC Default by the Connection Provider under this Self Inspection Test Prod Hire EOC Agreement. 5.3 The Connection Provider will not be liable for loss or damage arising from NGED's negligence or NGED's wilful failure to fulfil its responsibilities under this Self Inspection EOC Agreement. 5.4 11.4 Subject to sub-clause 23.1 of the Framework Agreement and clause 5.3 of this Self Inspection EOC Agreement, the Connection Provider shall indemnify each Indemnified Party and keep each Indemnified Party indemnified fully at all times against all demands, damages, losses, costs (including reasonable legal costs), expenses and charges arising from: (a) damage to the property of an Indemnified Party; (b) death or personal injury of any person; and (c) all claims by third parties, caused by or attributable to any act or omission by the Connection Provider in relation to this Self Inspection Test Prod Hire EOC Agreement. 5.5 11.5 The Connection Provider undertakes and agrees to take out and maintain all necessary insurance cover in full force and effect at its own cost with an insurance office of repute to cover its liabilities under this Self Inspection Test Prod Hire EOC Agreement to the extent as would be reasonably expected. 5.6 11.6 The Connection Provider shall produce at NGEDWPD’s reasonable request a copy of the insurance policy or policies relating to this Self Inspection Test Prod Hire EOC Agreement and the relevant renewal receipts for inspection by NGEDWPD. 5.7 11.7 The sum insured shall not be less than £5,000,000 for any one event or series of connected events. The Connection Provider shall not self-insure its liabilities under this Self Inspection Test Prod Hire EOC Agreement without the written consent of NGEDWPD.

Liability and Remedies. 5.1 Subject to sub-clause 23.1 of the Framework Agreement, NGEDWPD's liability under this Self Inspection EOC Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £5,000 (five thousand pounds) per event or series of connected events. 5.2 Notwithstanding sub-clause 23.8 of the Framework Agreement, the Connection Provider accepts unlimited liability for and shall indemnify the Indemnified Parties and keep them indemnified against any fine, penalty, charge or similar sum claimed by a regulatory body (and all associated legal costs incurred) from an Indemnified Party due to Self Inspection EOC Default by the Connection Provider under this Self Inspection EOC Agreement. 5.3 The Connection Provider will not be liable for loss or damage arising from NGEDWPD's negligence or NGEDWPD's wilful failure to fulfil its responsibilities under this Self Inspection EOC Agreement. 5.4 Subject to sub-clause 23.1 of the Framework Agreement and clause 5.3 of this Self Inspection EOC Agreement, the Connection Provider shall indemnify each Indemnified Party and keep each Indemnified Party indemnified fully at all times against all demands, damages, losses, costs (including reasonable legal costs), expenses and charges arising from: (a) damage to the property of an Indemnified Party; (b) death or personal injury of any person; and (c) all claims by third parties, caused by or attributable to any act or omission by the Connection Provider in relation to this Self Inspection EOC Agreement. 5.5 The Connection Provider undertakes and agrees to take out and maintain all necessary insurance cover in full force and effect at its own cost with an insurance office of repute to cover its liabilities under this Self Inspection EOC Agreement to the extent as would be reasonably expected. 5.6 The Connection Provider shall produce at NGEDWPD’s reasonable request a copy of the insurance policy or policies relating to this Self Inspection EOC Agreement and the relevant renewal receipts for inspection by NGEDWPD. 5.7 The sum insured shall not be less than £5,000,000 for any one event or series of connected events. The Connection Provider shall not self-insure its liabilities under this Self Inspection EOC Agreement without the written consent of NGEDWPD.

Liability and Remedies. 5.1 7.1 Each party shall inform the other of any Cable Identification EOC Default and afford the other a reasonable opportunity to correct the Cable Identification EOC Default. 7.2 Subject to sub-clause 23.1 of the Framework Agreement, NGEDWPD's liability under this Self Inspection Cable Identification EOC Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £5,000 (five thousand pounds) per event or series of connected events. 5.2 7.3 Notwithstanding sub-clause 23.8 of the Framework Agreement, the Connection Provider accepts unlimited liability for and shall indemnify the Indemnified Parties and keep them indemnified against any fine, penalty, charge or similar sum claimed by a regulatory body (and all associated legal costs incurred) from an Indemnified Party due to Self Inspection Cable Identification EOC Default by the Connection Provider under this Self Inspection Cable Identification EOC Agreement. 5.3 7.4 The Connection Provider will not be liable for loss or damage arising from NGEDWPD's negligence or NGEDWPD's wilful failure to fulfil its responsibilities under this Self Inspection Cable Identification EOC Agreement. 5.4 7.5 Subject to sub-clause 23.1 of the Framework Agreement and clause 5.3 7.4 of this Self Inspection Cable Identification EOC Agreement, the Connection Provider shall indemnify each Indemnified Party and keep each Indemnified Party indemnified fully at all times against all demands, damages, losses, costs (including reasonable legal costs), expenses and charges arising from: (a) damage to the property of an Indemnified Party; (b) death or personal injury of any person; and (c) all claims by third parties, caused by or attributable to any act or omission by the Connection Provider in relation to this Self Inspection Cable Identification EOC Agreement, to the extent permissible by law. 5.5 7.6 The Connection Provider undertakes and agrees to take out and maintain all necessary insurance cover in full force and effect at its own cost with an insurance office of repute to cover its liabilities under this Self Inspection Cable Identification EOC Agreement to the extent as would be reasonably expected. 5.6 7.7 The Connection Provider shall produce at NGEDWPD’s reasonable request a copy of the insurance policy or policies relating to this Self Inspection Cable Identification EOC Agreement and the relevant renewal receipts for inspection by NGEDWPD. 5.7 7.8 The sum insured shall not be less than £5,000,000 for any one event or series of connected events. The Connection Provider shall not self-insure its liabilities under this Self Inspection Cable Identification EOC Agreement without the written consent of NGEDWPD.

Liability and Remedies. 5.1 Subject to sub-clause 23.1 of a. Any Data provided by IMS will reflect or be based on data and information provided by third parties. IMS requests from each third party data supplier ("Data Supplier") that the Framework Agreementinformation contained in the Data be accurate, NGED's liability under this Self Inspection EOC Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £5,000 (five thousand pounds) per event or series of connected events. 5.2 Notwithstanding sub-clause 23.8 of the Framework Agreementcomplete and timely. However, the Connection Provider accepts unlimited liability for Data Suppliers do not warrant and shall indemnify the Indemnified Parties and keep them indemnified against any fine, penalty, charge or similar sum claimed by a regulatory body (and all associated legal costs incurred) from an Indemnified Party due to Self Inspection EOC Default by the Connection Provider under this Self Inspection EOC Agreement. 5.3 The Connection Provider will not be liable for loss the accuracy, completeness or damage timeliness of the Data. In addition, IMS disclaims any liability arising from NGED's negligence the inaccuracy, incompleteness or NGED's wilful failure late delivery of any Data, Documentation or Software unless due to fulfil its responsibilities under this Self Inspection EOC Agreement. 5.4 Subject to sub-clause 23.1 the willful misconduct of IMS. IMS will not be responsible for any inaccuracy or incompleteness of the Framework Agreement and clause 5.3 Data, Documentation or Software due to causes beyond its reasonable control. IMS shall not be liable for delays in accessing Data through on-line delivery systems or the temporary unavailability thereof. In no event shall IMS be liable for any consequential, special, exemplary, or similar types of this Self Inspection EOC Agreement, the Connection Provider shall indemnify each Indemnified Party and keep each Indemnified Party indemnified fully at all times against all demands, damages, lossesincluding but not limited to third party claims, costs (including reasonable legal costs)whether foreseeable or not, expenses and charges arising from: (a) damage to the property of an Indemnified Party; (b) death in connection with this Agreement or personal injury of any person; and (c) all claims by third parties, caused by or attributable to any act or omission by IMS related to the Connection Provider in relation to transactions contemplated by this Self Inspection EOC Agreement, even if IMS has been advised of the possibility of such damages. Any reliance on or decision based on Data, Documentation, Software or Services is the sole responsibility of Supplier. 5.5 b. The Connection Provider undertakes parties acknowledge and agrees to take out and maintain all necessary insurance cover in full force and effect at its own cost with an insurance office of repute to cover its liabilities under this Self Inspection EOC Agreement to the extent as would be reasonably expected. 5.6 The Connection Provider shall produce at NGED’s reasonable request agree that a copy breach by either party of the insurance policy or policies relating to applicable provisions of the Confidentiality Paragraph of this Self Inspection EOC Agreement will cause the other party and/or their respective affiliates irreparable injury and the relevant renewal receipts for inspection by NGED. 5.7 The sum insured shall damage which may not be less than £5,000,000 for compensable by money damages. Therefore, the parties agree that the non-breaching party or its respective affiliates may be entitled to injunctive or other relief to prevent such a breach and to secure enforcement of the Confidentiality Paragraph of this Agreement, in addition to any one other remedies which may be available. Nothing in this Liability And Remedies Paragraph shall be construed as limiting the legal rights otherwise available to either party in the event of a breach of this Agreement by the other party. All remedies, fee reductions, penalties and credits which may be available to either party in the event of a breach of this Agreement by the other party, whether or series of connected events. The Connection Provider not described in this Agreement, shall not self-insure its liabilities under this Self Inspection EOC Agreement without the written consent of NGEDbe cumulative.