9  Limitation of Liability

9.1  With the exception of liability for death, personal injury and/or any other liability that cannot lawfully be excluded or limited, the Independent Certifier's maximum [aggregate] liability to all parties, under or in connection with this Deed, whether in contract or in tort, or for breach of statutory duty is limited to £[♦] million.12

9.2  [Notwithstanding anything to the contrary stated elsewhere in this Deed, the parties hereby expressly agree that the Independent Certifier shall have no liability to any party under or in connection with this Deed for any claim or claims related to terrorism, asbestos or toxic mould.]13

9.3  No action or proceedings under or in connection with this Deed shall be commenced against the Independent Certifier after the expiry of twelve years from the completion of the Services.

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12  It is suggested that an appropriate cap may depend on the capital value of the scheme, such as:

♦ Up to £10M capital value - £1M cap

♦ Greater than £10m and up to £25M capital value - £2M cap

♦ Greater than £25M and up to £50M capital value - £3M cap

♦ Greater than £50M and up to £100M capital value - £5M cap

♦ Greater than £100M capital value - £10M cap

However, Authority to consider what it an appropriate cap on liability depending on the project-specific circumstances and should ensure that this is specified prior to asking for tender to provide these Services to ensure that bids are based on the required cap.

13  This may be appropriate where the IT's insurance cover excludes liability for these occurrences.  Authority to check.