General Conditions of Contract

15. Indemnity to Council

15.1

The Contractor shall not be liable for any loss, damage or delay suffered by the Council to the extent that such loss, damage or delay is attributable to instructions given by or on behalf of the Council.

15.2

Subject to Clause 15.1, the Contractor shall indemnify the Council and any of its staff or agents against:

15.2.1            

any loss or damage caused either to any property of the Council or its staff or agents or any injury (including injury resulting in death) sustained by the staff or agents of the Council by reason of any negligent act or omission of the Contractor, his employees or agents during the performance of the Contract;

15.2.2            

any claim, demand or liability made against or incurred by the Council or any agent of the Council in respect of any loss of, or damage to, any property of the Contractor's personnel or injury (including injury resulting in death) sustained by the Contractor unless and insofar as such loss, damage or injury is caused by the negligent act or omission of the Council or any of its staff or agents;

15.2.3            

any claim, demand or liability made against or incurred by the Council or any agent of the Council in respect of any loss, damage or injury (including injury resulting in death) sustained by any third party during the currency of the Contract in consequence of any negligent act or omission of the Contractor, his employees or agents.

15.3              

The Council shall have the right to deduct the amount of such liability, loss, costs, charges, claims, expenses (including professional expenses) or damages from any monies due to the Contractor or to recover same by action.

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Procurement

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