62.2  Contractor not Responsible

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

(a)  any matter referred to in clause 62.1 (Contractor's Indemnity) which arises as a direct result of the Contractor 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, 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 62.1.1(c) (Contractor's Indemnity) in excess of [  ].188

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188  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 where it represents good value for money and only as a variant bid.