56.2  Contractor not Responsible

The Contractor shall not be responsible or be obliged to indemnify the Authority for:

56.2.1  any matter referred to in clauses 56.1 (Contractor's Indemnity) that arises as a direct result of the Contractor acting on a written notice issued by the Authority (and for the purposes of this clause 56.2.1, clause 1.7 (Responsibility for Related Parties) shall not apply);

56.2.2  any injury, loss, damage, cost and expense caused by the negligence or wilful misconduct of the Authority or any Authority Related Party (other than to the extent such negligence or wilful misconduct would not have occurred but for a breach by the Contractor of its obligations under this Agreement) or by the breach of the Authority of its obligations under this Agreement; or

56.2.3  under this indemnity in excess of [insert amount] pounds (£[  ]) indexed in respect of any Uninsured Losses in any one (1) occurrence or series of occurrences;

56.2.4  under this indemnity in excess of [insert amount] pounds (£[  ]) Indexed in respect of any Uninsured Losses in any one (1) Contract Year;

56.2.5  in respect of any claims made pursuant to clause 56.1.1(b) (Contractor's Indemnity) or clause 56.1.1(c) which the Contractor is required by this Agreement to insure, where the amount of any claim is in excess of the level of cover required by this Agreement (provided that the indemnity shall always extend to liability for any excess or deductible under any policy of insurance); 274

56.2.6  to the extent that any injury, loss, damage, cost and expense is the responsibility of the Authority pursuant to clause 56.4 (Tenant Damage and Third Party Damage)]; or

56.2.7  [any claims made under clause 56.1.2 in excess of [      ];275]

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274  The risk of claims and recovery under such policies is for the Contractor.   

275  [The cap should be a bid back item.  See paragraph 23.3.4 of SoPC4.  Other caps on liability should not be included as a matter of course, only when it represents good value for money and only as a variant bid.] [Check with Jamie/Rob]