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a) where the other has committed a material breach of the terms of this contract which is incapable
of remedy
b) where the other has committed a material breach of the terms of this contract which is capable of
remedy and fails to remedy such breach within 30 days after receipt of a written notice by the
other party giving full particulars of the breach and requiring it to be remedied
c) where the other is unable to pay its debts as and when they fall due within the meaning of Section
123 of the Insolvency Act 1986
d) where an order is made or a petition is presented or an effective resolution is passed for
the winding-up of the other party otherwise than for the purpose of a solvent amalgamation
or reconstruction
e) where the other convenes a meeting or proposes or enters into any arrangement or composition
with its creditors

f) where an event of force majeure delays a scheduled Inspection for more than 30 days.

2. Contract Price
You agree that we will adjust the Contract Price at the end of the period of contract to take
into account:
a) any Plant added to or deleted from the schedule

b) any changes to the Inspection Interval.

3. Force Majeure
We will not be liable for any delay or for the consequences of any delay in performing our obligations
under this contract if such delay is due to any cause beyond our reasonable control and will be entitled
to a reasonable extension of time for performance of such obligations.

4. Liability of you and us
a) We have and accept no responsibility for damage sustained by the Plant as a result of the failure
of the Plant to withstand a test applied as part of the Inspection Service.
b) Subject to condition 4a) we will indemnify you and keep you indemnified against any loss of or
damage to any property or injury to or death of any person caused by any negligent act or
omission or breach of this contract by us, our employees, agents or subcontractors.
c) You will indemnify us and keep us indemnified against any loss or damage to any property or
injury to or death of any person caused by any negligent act or omission or breach of this contract
by you, your employees, agents or subcontractors.
d) Except in respect of injury to or death of any person or any other liability which cannot be limited
or excluded by law the respective liability of you and us under conditions 4b) and 4c) in respect of
each event or series of connected events or in the aggregate will not exceed £10,000,000 during
the period of contract.
e) Notwithstanding anything else contained in this contract neither you nor we will be liable to the
other party for loss of profits or contracts, loss of goodwill or other special, indirect or
consequential loss howsoever arising.

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