56.1  Contractor's Indemnity

56.1.1  The Contractor shall, subject to clause 56.2 (Contractor not Responsible), be responsible for, and shall release and indemnify the Authority or any Authority Related Party on demand from and against all liability for Direct Losses arising from:

(a)  death or personal injury;

(b)  loss of or damage to property (including property belonging to the Authority or for which it is responsible) but excluding the land, buildings, plant, equipment and other assets which are the responsibility of the Contractor to provide under this Agreement273; and

(c)  third party actions, claims and/or demands (other than any which are the subject of the indemnity in clause 56.1.2) brought against the Authority or any Authority Related Party,

which may arise out of, or in consequence of, the design, construction, operation or maintenance of the [Dwellings] [Project Sites] or the performance or non-performance by the Contractor of its obligations under this Agreement or the presence on the Authority's property (including the Dwellings and Properties) of the Contractor, a sub-contractor of the Contractor or any Contractor Related Party.

56.1.2  The Contractor shall, subject to clause 56.2 (Contractor not Responsible), be responsible for, and shall release and indemnify the Authority or any Authority Related Party, on demand from and against all liability for Direct Losses and Indirect Losses arising from third party actions, claims or demands (as described in clause 56.1.1(c)) brought against the Authority or any Authority Related Party for breach of statutory duty which may arise out of, or inconsequence of, a breach by the Contractor of its obligations under this Agreement to the extent that there are no other remedies available to the Authority under this Agreement.




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273  This amendment represents standard BSF drafting and should be reviewed on a project by project basis for suitability.