28.4  Repair and condition of the accommodation202

28.4.1  Each of the Contractor and the Authority shall comply with their respective obligations in the Disrepair Transitional Arrangements Protocol.

28.4.2  The Authority shall be responsible for all costs in connection with, and shall release and indemnify the Contractor, its sub-contractors, employees,  and agents on demand from and against all liability for:-

(a)  actions, claims, demands, cost, charges, damages, compensation and expenses (including legal expenses on an indemnity basis); and

(b)  fines and penalties

which may arise out of, or in consequence of, any Disrepair Action instigated in relation to a Dwelling or Property prior to the Disrepair Action Cut Off Date.

28.4.3  The Contractor shall be responsible for all costs in connection with, and shall release and indemnify the Authority, its employees, agents and contractors on demand from and against all liability for:-

(a)  actions, claims, demands, costs, charges, damages, compensation and expenses (including legal expenses on an indemnity basis); and

(b)  fines and penalties,

which may arise out of, or in consequence of, any Disrepair Action instigated in relation to a Dwelling or Property on or after the Disrepair Cut Off Date.

28.4.4  The Contractor shall undertake the remedial works required to satisfy the requirements of a Disrepair Action in a manner so as to mitigate all liabilities of the Authority arising from the Disrepair Action.

28.4.5  The Authority and the Contractor shall comply with these respective obligations under the Disrepair Transitional Arrangements Protocol.

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202 There will obviously be no disrepair transitional arrangements in non‑HRA and other new build.  This clause may need to be reconciled with the agreed position on defects.