Common use of Liability of the Agent Clause in Contracts

Liability of the Agent. 21.1 Unless caused bythe Agent’s negligence, noliability shall be attached to the Agent for any loss, injury, damage, legal or other expenses sustained as aresult of: i. The client’s failure to provide accurately all information reasonably required for the Agent to undertake the service. ii. Any forecast by the Agent of likely incomeor expenditure. iii. Failure to identify any defect in the Property or its fixtures, fittings andfurnishings. iv. Instructing a contractor on behalf of the Landlord and the contractors performance. v. The act, omission or insolvency of anyperson other than the Agent. vi. Any failure of the Tenant to paythe Rent or complywith the terms of the Tenancy Agreement. vii. Any failure of the Landlord to undertake their responsibilities stipulated by their Buildings and Contents insurance when the Property is unoccupied. 21.2 The Landlord shall indemnify the Agent in respect of any claimsmade by another orthird party for any loss, injury, damage or legal or other expenses referred to above by including Public Liability Cover in their insurance. 21.3 The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement. The Agent is not responsible or liable for theacts, omissions or failures of third parties unless it is due to the negligence or breach of contract or omissions of the Agentor their Employees. 21.4 The Landlord agrees not to take action or bring any claim in respect of loss or damage suffered by the Landlord arising out of or in connection with this Agreement against any individual Director, Partner, Consultant, Employee of the Agent even where any of those personshas been negligent. This restriction will not operate to omissions of any of their Partners, Consultants, Employees or Agents. 21.5 The Agent can not be held responsible for the performance of the contract by the Tenant. We can assist withhow Tenancybreachesare handled by using the levels of service that We

Liability of the Agent. 21.1 22.1 Unless caused bythe Agent’s negligence, noliability shall be attached to the Agent for any loss, injury, damage, legal or other expenses sustained as aresult of: i. The client’s failure to provide accurately all information reasonably required for the Agent to undertake the service. ii. Any forecast by the Agent of likely incomeor expenditure. iii. Failure to identify any defect in the Property or its fixtures, fittings andfurnishings. iv. Instructing a contractor on behalf of the Landlord and the contractors performance. v. The act, omission or insolvency of anyperson other than the Agent. vi. Any failure of the Tenant to paythe Rent or complywith the terms of the Tenancy Agreement. vii. Any failure of the Landlord to undertake their responsibilities stipulated by their Buildings and Contents insurance when the Property theProperty is unoccupied. 21.2 22.2 The Landlord shall indemnify the Agent in respect of any claimsmade by another orthird party for any loss, injury, damage or legal or other expenses referred to above by including Public Liability Cover in their insurance. 21.3 22.3 The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement. The Agent is not responsible or liable for theacts, omissions or failures of third parties unless it is due to the negligence or breach of contract or omissions of the Agentor their Employees. 21.4 22.4 The Landlord agrees not to take action or bring any claim in respect of loss or damage suffered by the Landlord arising out of or in connection with this Agreement against any individual Director, Partner, Consultant, Employee of the Agent even where any of those personshas been negligent. This restriction will not operate to omissions of any of their Partners, Consultants, Employees or Agents. 21.5 22.5 The Agent can not be held responsible for the performance of the contract by the Tenant. We can assist withhow Tenancybreachesare handled by using the levels of service that We