Part E - Insurances and liabilities
E1 Insurance
E1.1 The Contractor shall maintain insurance necessary to cover any liability arising under the Contract as set out in the Contract Particulars.
E1.2 The Contractor shall prior to the Commencement Date and on each anniversary of the Commencement Date and/or upon request provide evidence that all premiums relating to such insurances have been paid.
E1.3 If the Contractor does not maintain the necessary insurances under the Contract, the Council may insure against any risk in respect of the default and may charge the Contractor the cost of such insurance together with a reasonable administration charge.
E2 Indenmity and liability
- E2.1 Neither party seeks to exclude or limit its liability for:
- E2.1.1 death or personal injury caused by its negligence (but will not be liable for death or personal injury caused by the other party’s negligence);
- E2.1.2 fraudulent misrepresentation; or
- E2.1.3 any other matter in respect of which, as a matter of Law, liability cannot be excluded or limited.
- E2.2 Except as specifically provided, neither party shall in any event be liable to the other for any indirect or consequential loss (including loss of profit, loss of business opportunity, loss of business, loss of goodwill, loss of production and pure economic loss) however caused.
- E2.3 Subject to clauses E2.1, E2.2 and E2.5 the Contractor’s liability to the Council under the Contract whether in contract, tort (including negligence) or otherwise shall be limited to 125% of the proportion of the Price which is paid and payable at the time that the liability arises.
- E2.4 Subject to clauses E2.1 and E2.2, the Council’s liability to the Contractor under the Contract whether in contract, tort (including negligence) or otherwise shall be limited to 125% of the proportion of the Price which is paid and payable at the time that the liability arises.
- E2.5 The Contractor shall indemnify the Council in full without limit of liability for any direct loss of or damage to the real or personal property of the Council or any third party, including Intellectual Property Rights, or injury claimed by any third party and against all Liabilities awarded against or incurred by the Council (including legal expenses on an indemnity basis) arising from the Contractor’s negligence, any defect or fault in the Goods or any act or omission of the