ABSTRACT
The Contractor shall be liable for any loss or damage caused by the Contractor to the Works, Goods or Contractor’s Documents after the issue of a Taking-Over Certificate. A Contractor should have the opportunity to notify the Employer by Notice that the use of such thing in conjunction with the operation of the Works may or will cause an infringement of an intellectual property right. The Contractor shall indemnify and hold harmless the Employer, the Employer’s Personnel, and their respective agents, against and from all third party claims, damages, losses and expenses. The only exclusion exists where there has been an act of negligence, wilful act or breach of the Contract by the Employer or the Employer’s Personnel or their agents. The exclusion should be widened to include anyone directly or indirectly employed by any of them in a similar vein to that provided for the Contractor’s team.
