52.3  Limitation of Liability

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

(a)  any matter referred to in clause 52.1(a) to clause 52.1(c) (inclusive) to the extent that such matters arise as a direct result of the Service Provider acting on a written notice issued by the Authority;

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

(c)  any claims made under clause 52.1 in excess of ♦ (Indexed)36. in respect of Uninsured Losses in any one (1) occurrence or series of occurrences;

(d)  in respect of any claims made under clause 52.1(b) and clause 52.1(c) which the Service Provider is required by this Contract to insure, where the amount of any claim is in excess of the level of cover required by this Contract (provided that the indemnity shall always extend to liability for any excess or deductible under any policy of insurance);37

(e)  any claims made under clause 52.1 in excess of [♦] (Indexed)38.

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36  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.

37  The risk of claims and recovery under such policies is for the Service Provider.  Note overlap with clause 52.3(c) and 52.3(e).  To be considered on a project specific basis.

38  The risk of claims and recovery under such policies is for the Service Provider.  Note overlap with clause 52.3(c) and 52.3(e).  To be considered on a project specific basis.