RSS Feeds10. Liability, Indemnity and Insurance
10.1 The Host Institution shall be wholly responsible for the conduct of the Grant Funded Activities and the HRB shall have no obligation, responsibility or any liability financial or otherwise of any kind to the Host Institution, the Principal Investigator or any member of the Team or any third party arising directly or indirectly from the Grant or the Grant Funded Activities or payment of the Grant or any part thereof or any representation or other act or omission connected with the Grant save and except the payment of the Grant in accordance with the Grant Conditions.
10.2 The Host Institution shall fully indemnify and keep indemnified and hold harmless the HRB its officers, members, servants and agents against all liabilities, losses, damages, costs (including legal and/or professional costs) and claims of any kind arising from any act or omission of the Host Institution, the Principal Investigator or any member of the Team in connection with the Grant Funded Activities or the use of the Grant or from the provision of any funds, advices or assistance of any kind given by the HRB pursuant to the Grant Conditions or otherwise howsoever and without prejudice to the generality of foregoing shall indemnify and keep indemnified and hold harmlessly the HRB against all such claims or demands in relation to:-
10.2.1 The management monitoring and control (including the requirements of all regulatory authorities governing the use of radio active isotopes, animals, pathogenic organisms, genetically manipulated organisms, toxic and hazardous substances and research on human or animals subjects) of any research funded by the Grant;
10.2.2 Any claims by any member of the Team whether during or after the termination of the Grant and whether under contract, tort, common law or statute including but not limited to claims relating to the European Communities (Safeguarding of Employee Rights on Transfer of Undertakings) Regulations, 2003.
10.3 Without limiting clauses 10.1 and 10.2 above, the Host Institution shall fully indemnify, keep indemnified and hold harmless the HRB its officers, members, servants and agents from and against all proceedings, actions, costs (including legal and/or professional costs), charges, claims, expenses, damages, liabilities, losses and damages in respect of any injury, sickness, disease, personal injury to or the death of any person whatsoever or in respect of any loss of, destruction or damage to any property or any part of both, caused by or howsoever arising from any act, negligence, error, default, omission, breach of contract or breach of statutory duty of the Host Institution, the Principal Investigator or any member of the Team in connection with the performance of the Grant Funded Activities.
10.4 The Host Institution shall maintain the following insurances at all times during the Term with a well established and reputable insurer or underwriter authorised to provide insurance in Ireland and shall furnish to the HRB details of such insurance on request:-
10.4.1 A public liability policy insuring against liability for any claims, losses, damages and expenses (including legal and/or professional costs) due to damage or destruction of property or death or personal injury of any person arising as a result of or in connection with the Grant Funded Activities for an amount of not less than €6.5 million any one occurrence. The Host Institution’s policy shall provide for indemnity to the HRB.
10.4.2 An employers liability policy insuring against liability for any claims, losses, damages and expenses (including legal and/or professional costs) due to the injury to or disease or death of any person employed or otherwise engaged by the Host Institution arising as a result of or in connection with the Grant Funded Activities for an amount of not less than €13 million any one occurrence. The Host Institution’s policy shall provide for indemnity to the HRB.
10.4.3 The Host Institution shall increase the insurance limits set out above and/or obtain additional cover at its own expense when reasonably required so to do by the HRB.
10.5 The insurances required to be obtained by the Host Institution pursuant to clause 10.4 shall not limit the obligations, liabilities or responsibilities of the Host Institution under the Grant Conditions or otherwise and the Host Institution shall discharge all of its obligations which are insurable under the Grant Conditions whether or not it has the requisite insurance or has received payment in respect of the insured obligations from its insurers.
10.6 The Host Institution shall take out and maintain such medical malpractice insurance as it may consider necessary against liability for any claims, losses, damages and expenses (including legal and/or professional costs) due to the death or personal injury of any person arising as a result of or in connection with the Grant Funded Activities and shall furnish to the HRB details of such policy on request. This insurance shall be maintained at all times by the Host Institution for the Term and thereafter for a six year period.
10.7 The Host Institution shall be liable to pay the full amount of any deductable or excess amounts arising under the insurance policies in respect of each and every claim.
10.8 The Host Institution shall notify the HRB of any claims made under such policies.
10.9 The Host Institution shall as soon as possible furnish to the HRB full details in writing of any event, occurrence or non-occurrence which is material to the indemnities and insurances provided for in this Clause 10.
