Provision Language
4. Employment of staff
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4.4 The Host Institution must comply with current national employment legislation and issue a contract of employment to all those employed to work on the Project, in accordance with the provisions of such legislation, stating that the Host Institution is the employer. GOSH Charity will not be responsible for any claims against the Host Institution or Grant Holders under any statute or at common law, nor is it liable for the payment of any taxes associated with such employment, and nor will it indemnify the Host Institution or Grant Holders against any claim for compensation, or against other claims for which the Host Institution or Grant Holders may be liable as an employer or otherwise.
4.5 In the event that this Agreement shall terminate or expire, the Host Institution shall indemnify GOSH Charity and keep it indemnified on a continuing basis from and against all losses, costs, claims, demands, actions, fines, penalties, expenses, awards and all other liabilities (including without limitation any claim for a redundancy payment, unfair dismissal compensation or notice monies) and expenses (including legal expenses on an indemnity basis) in connection with or as a result of any claim or demand by or on behalf of any employee, independent contractor or agency worker, trade union, staff association or employee representative in respect of the employment or engagement of such employee, independent contractor or agency worker or its termination.
10. Liability
10.1 The Host Institution agrees to indemnify and hold harmless GOSH Charity for all liabilities, costs, damages or expenses incurred by GOSH Charity for its, or its agents or its officers (including Grant Holders) or subcontractors breach of this Agreement, or in defending or settling claims which have resulted by reason of the Host Institution, or its agents or its
officers (including Grant Holders) or subcontractors actions/inaction or use of the GOSH Charity Trade Marks.
10.2 In addition, where the Project involves human participants, it is recognised that there is the risk of these participants suffering non-negligent harm and provision should be made for this by the Host Institution.
10.3 To the extent that the Project involves human participants, the Host Institution specifically agrees to indemnify and keep indemnified GOSH Charity from and against any potential liabilities, costs, damages or expenses arising from and out of any claims made against GOSH Charity by such Project participants as a result of any negligent or non-negligent harm. Such indemnity shall apply only to the extent that GOSH Charity itself is not responsible for such harm, and only to the extent that GOSH Charity (a) promptly notifies the Host Institution of details of the claim; and (b) does not make any admission in relation to the claim; and (c) allows the Host Institution to have the conduct of the defence or settlement of the claim; and (d) gives the Host Institution all reasonable assistance in dealing with the claim.
10.4 The Grant Holder and the Host Institution must make it clear to Project participants that, whilst the Project has been funded by GOSH Charity, GOSH Charity can accept no responsibility for either negligent or non-negligent harm and that it is the Grant Holder and the Host Institution that are jointly responsible for the Project undertaken.