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Accreditation of ICT Suppliers

where the Agency is managing a request for Information the Contractor shall co-operate with the Agency and shall respond within five (5) working days of any request by it for assistance in determining how to respond to a request for disclosure.

The Agency will consult the Contractor in relation to any request for disclosure of the Contractor’s Confidential Information in accordance with all applicable guidance.

This Clause shall remain in force without limit in respect of Confidential Information which comprises personal data. In other respects and unless otherwise expressly set out in this Contract or the Annex to this Contract, this Clause shall remain in force for a period of three years after the termination or expiry of this Contract.

19.

Data Protection Act

The Contractor shall be registered under the data Protection Act 1998 (“DPA”) and both parties will observe all their obligations under the Act which arise under this Contract.

The provisions of this condition shall apply during the continuance of this Contract and indefinitely after its expiry or termination.

20.

Indemnity and Insurance

The Contractor shall indemnify the Agency fully against all claims, proceedings, actions, damages and legal costs, expenses and any other liabilities in respect of any death or personal injury or loss of or damage to property which is caused directly or indirectly by any act or omission of the Contractor.

The Contractor shall hold and maintain professional indemnity insurance cover and shall ensure that all professional consultants involved in the provision of the Services hold and maintain appropriate cover. Such insurance to be held by the Contractor or by any agent, sub-contractor or consultant involved in the provision of Services with a limit of indemnity of not less than £1 million for any occurrences arising out of each and every event. Such insurance shall be maintained for a minimum of 12 (twelve) years following expiration or earlier termination of this Contract.

The Contractor shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Contractor, arising out of the Contractor’s performance of the Agreement, in respect of death or personal injury, or loss of or damage to property. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Contractor.

The Contractor shall hold employer’s liability insurance in respect of staff in accordance with any legal requirement for the time being in force.

The Contractor shall produce to the Agency’s representative, on request, copies of all insurance policies referred to in this clause together with receipts or other evidence of payment of the latest premiums due under those policies.

The terms of any insurance or the amount of cover shall not relieve the Contractor of any liabilities under the Agreement. It shall be the responsibility of the Contractor to determine the amount of insurance cover that will be adequate to enable the Contractor to satisfy any liability under this Agreement.

The Contractor shall indemnify the Agency against any claim made against the Agency at any time by any person currently or previously employed by the Agency or by the Contractor for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise and all damages, penalties, awards, legal costs, expenses and any other liabilities incurred by the Agency resulting from any act or omission of the Contractor on or after the commencement of the Services, except where such claim arises as a result of any breach of obligations by the Agency arising or accruing before the commencement of the Services.

21.

Health and Safety

The Contractor shall comply with all relevant statutes, regulations, orders, bylaws, codes of practice, guidance and British, European and International Standards issued by the Health and

Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 16 of 35

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