Common use of Liability for loss or damage Clause in Contracts

Liability for loss or damage. Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence. Further, the University will not be in breach of this agreement or liable for loss arising from delay in performing or failing to perform its obligations under this agreement if such delay or failure results from matters outside the University’s or the Managing Agent’s control which could not have been foreseen or prevented even if the University or the Managing Agent had taken reasonable care. Matters outside the University’s and the Managing Agent’s control include but are not limited to strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic, fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and the Managing Agent will use reasonable endeavours to minimise any disruption but it reserves the right to cancel, delay or change part or all of its obligations set out in this Contract.

Liability for loss or damage. Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence. Further, the University will not be in breach of this agreement Agreement or liable for loss arising from delay in performing or failing to perform its obligations under this agreement Agreement if such delay or failure results from matters outside the University’s or the Managing Agent’s reasonable control and/or which could not have been foreseen or prevented even if the University or the Managing Agent had taken reasonable care. Matters outside the University’s and the Managing Agent’s control include but are not limited to to: strikes and industrial action, staff illness, severe weather, natural disaster, epidemic or pandemic (including but not exclusive to a Covid-19 pandemic), fire, war, civil disorder or unrest, riot, terrorist attack or the threat of it, and restrictions imposed by the government or public authorities. In such circumstances the University and the Managing Agent will use reasonable endeavours to minimise any disruption but it reserves reserve the right to cancel, delay or change part or all of its their obligations set out in this ContractAgreement.