16. Liability and Insurance

16.1. The Supplier will be liable for and will immediately on demand indemnify the Authority in full against any expense (including any legal or other professional expense), costs, liability, loss, damage, claim or proceedings, directly or indirectly incurred or suffered by the Authority:

  • 16.1.1. arising under any statute or at common law in respect of personal injury to or death of any person whomsoever, or damage to property arising out of, or in the course of, or caused by the provision of Goods or Services under this Purchase Order Agreement except to the extent that the same is due to any act or neglect of the Authority or of any person for whom the Authority is responsible;
  • 16.1.2. arising from or in connection with the breach of any third party’s Intellectual Property Rights as a result, directly or indirectly, of the provision of Goods or Services under this Purchase Order Agreement;
  • 16.1.3. as a result of or in connection with any act or omission of the Supplier or its employees, agents or sub-contractors in supplying, delivering and /or installing Goods or performing Services under this Purchase Order Agreement;
  • 16.1.4. arising from or in connection with the breach of these Terms and Conditions in relation to this Purchase Order Agreement or any warranty given by the Supplier in relation to the Goods and/or Services under this Purchase Order Agreement.

16.2. The Supplier shall have in force and maintain adequate insurance with a reputable insurance company in respect of its liabilities imposed by these Terms and Conditions and the associated Purchase Order. The Supplier agrees that any monies received by the Supplier from the insurance company in full or part settlement of a claim arising out of the Purchase Order Agreement and paid by or due to the Authority shall be paid immediately to the Authority without offset or counterclaim. 

16.3. The Supplier shall within 7 days of a written request by the Authority produce all evidence of insurance, together with details of all conditions, warranties, extensions and exclusions. 

16.4. This Clause 16 shall survive the expiry or termination of the Purchase Order Agreement. 

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