8.2  Service Provider not Responsible

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

(a)  any matter referred to in clauses 8.1(a) to 8.1(d) (inclusive) that arises 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 its employees, agents or contractors or by the breach of the Authority of its obligations under this Agreement; or

(c)  any claims made under clause 8.1(c) in excess of [].4

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4  The cap should be a bid back item.  See paragraphs 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.