30.2  Limitation of Liability

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

(a)  any of the matters referred to in clauses 30.1(a) to 30.1(d) (inclusive) to the extent that such matters arise as a direct result of the Service Provider acting on the instruction of the Authority;

(b)  any injury, loss, damage, cost and expense caused by the negligence or wilful misconduct of the Authority or any Authority Party or by the breach by the Authority of its obligations under this Contract; or

(c)  any claims made under clause 30.1(c) in excess of 23.




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23  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.