63.1  Contractor's Indemnity

63.1.1  The Contractor shall, subject to clause 63.2 (Contractor not Responsible), be responsible for, and shall release and indemnify the Authority or any Authority Related Party, its employees, agents and contractors on demand from and against all liability for Direct Losses and [Indirect Losses] arising from174:

(a)  death or personal injury;

(b)  loss of or damage to property (including property belonging to the Authority or for which it is responsible "Authority Property") but excluding the land, buildings, plant, equipment and other assets which are the responsibility of the Contractor to provide under this Agreement;175 and

(c)  third party actions, claims and/or demands (other than any which are the subject of the indemnity in clause 63.1.2) including costs, charges and expenses (including legal expenses on an indemnity basis) 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 Stations or the Sites or the performance or non-performance by the Contractor of its obligations under this Agreement or the presence on the Authority's property of the Contractor or Contractor Related Party.

63.1.2  The Contractor shall, subject to clause 63.2 (Contractor not Responsible), be responsible for, and shall release and indemnify the Authority or an 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 63.1.1 (c)) brought against the Authority or any Authority Related Party for breach of statutory duty which may arise out of, or in consequence 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.

_________________________________________________________________________________

174 This will depend upon the particular circumstances of the project and is more likely to apply to the fire sector rather than the police sector i.e. community use.  

175 This amendment represents standard BSF drafting but is not SOPC4 compliant. Local Authorities should consider with their legal advisors on a project by project basis.