

Ask HN: Should a supplier hold the client harmless? - CamStar

In terms of context here is an extract from a typical software development contract, which is specific to UK law, but the principle remains the same.<p>8.	INDEMNITY AND INSURANCE<p>8.1	The Supplier shall indemnify and hold [CLIENT] harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, the [CLIENT] as a result or in connection with:<p>(a)	any alleged or actual infringement, whether or not under English law, of any third party's Intellectual Property Rights or other rights arising out of the use of the Website; or<p>(b)	defective workmanship, quality or materials in or in relation to the Website; or<p>(c)	any claim made against the [CLIENT] in respect of any liability, loss, damage, injury, cost or expense sustained by the [CLIENT]'s employees or agents or by any [CLIENT] or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the Services as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of the Agreement by the Supplier.<p>8.2	The Supplier 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 Supplier arising out of the Supplier's performance of this Agreement, including death or personal injury, loss of or damage to property or any other loss.<p>The Supplier shall take out and maintain as a minimum:<p>(a)	Public liability insurance, which shall, for any one occurrence or series of occurrences arising out of one event, be not less than £5,000,000; and<p>(b)	Professional Indemnity insurance, which shall, for any one occurrence or series of occurrences arising out of one event, be not less than £5,000,000; and<p>(c)	Employer's liability insurance in respect of staff in accordance with any legal requirement for the time being in force.<p>8.3  The terms of any insurance or the amount of cover shall not relieve the Supplier of any liabilities under this Agreement.  It shall be the responsibility of the Supplier to determine the amount of insurance cover that will be adequate to enable the Supplier to satisfy any liability arising from this Agreement.<p>Is this clause usual? What are the risks?
======
CamStar
Any contractors out there care to comment?

