17. Loss or Damage to any Property of AGPLUS

Without prejudice to Condition 16 and any terms in the Contract concerning loss of, or damage to, the Articles, the Contractor shall, unless otherwise provided for in the Contract, make good or, at the option of AGPLUS, pay compensation for, all loss of, or damage to, any property of AGPLUS that is:

  1. caused by the Contractor or the Contractor’s employees, agents or subcontractors, and
  2. arises from the presence of the Contractor or the Contractor’s employees, agents or subcontractors in connection with the performance of the Contract on any site occupied by or on behalf of AGPLUS, except that this Condition shall not apply to the extent that the Contractor is able to show that any such damage was not caused or contributed to by the Contractor’s negligence or default or the negligence or default of the Contractor’s employees, agents, or subcontractors.

18. Liability

  1. The Contractor shall not be liable for any loss, damage or delay suffered by AGPLUS to the extent that such loss, damage or delay is attributable to instructions given by or on behalf of AGPLUS.
  2. Subject to Clause (1) of this Condition, the Contractor shall indemnify AGPLUS and its employees and agents against:
    1. any loss of, or damage to, any physical property of AGPLUS or of its employees or agents and any physical injury (including injury resulting in death) sustained by the employees or agents of AGPLUS as a result of any negligent act or omission of the Contractor’s employees, agents or subcontractors during the performance of the Contract;
    2. any claim, demand, or liability made against or incurred by AGPLUS or any of AGPLUS’s employees or agents in respect of any loss of, or damage to, any property of the Contractor’s employees, agents or subcontractors or injury (including injury resulting in death) sustained by the Contractor’s employees, agents or subcontractors as a result of any negligent act or omission of the Contractor’s employees, agents or subcontractors during the performance of the Contract; and
    3. any claim, demand or liability made against or incurred by AGPLUS or any of AGPLUS’s employees or agents in respect of any loss, damage or injury (including injury resulting in death) sustained by any other third party as a result of any negligent act or omission (or any other breach of professional duty of care) of the Contractor’s employees, agents or subcontractors during the performance of the Contract.
  3. The Contractor shall effect with a reputable insurance company a policy or policies of insurance covering all liabilities of the Contractor under the Contract in the sum of at least five hundred thousand pounds (or such larger sum as may be specified in the Contract) in respect of any one incident and unlimited in the total number of incidents. The Contractor shall, on request by AGPLUS, produce the relevant policy or policies of insurance, together with a receipt or other evidence of payment of the latest premium due under each such policy.
  4. The Contractor shall reimburse AGPLUS for all reasonable payments or additional payments by AGPLUS to third parties which have become necessary as a direct consequence of delay in the performance of the Contract which the Contractor had failed to remedy after being given reasonable notice thereof by AGPLUS in writing, provided always that AGPLUS shall take all reasonable steps to minimise the need to make such payments and shall not claim for any payments arising as a result of AGPLUS’s failure to take such reasonable steps.
  5. Nothing in the Contract shall impose any liability on any employees or agents of AGPLUS in their personal capacities.