A Service Provider providing various services in relation to Customer on a regular, continuous or long term basis. Both parties intend for the services to continue indefinitely. This agreement is drafted in favour of the Customer.
Customer wishes Provider to provide various services to Customer and Provider is willing to supply the same on the terms and conditions of this Agreement.
Provider shall use all due care and skill in carrying out its services under this Agreement. If Provider shall fail to use such due care and skill or shall otherwise be in breach of its obligations in respect of the supply of services under this Agreement, the initial remedy of Customer shall be to require Provider to carry out as promptly as practicable such repeat or remedial services as shall be appropriate to ensure that the relevant services are carried out (save only as to the time of their performance) as originally planned.
Provider shall indemnify Customer against:
(a) any loss or liability arising from death or personal injury due to the negligence of Provider or its agents; and
(b) any loss or liability in respect of physical damage to property due to the negligence of Provider or its agents.
If either party is affected by Force Majeure it shall promptly notify the other party of the nature and extent of the circumstances in question.
Notwithstanding any other provision of this Agreement, neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or other non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
If at any time Provider claims Force Majeure in respect of its obligations under this Agreement with regard to the provision of its services or any of them, Customer shall be entitled to obtain from any other person the provision of such services as Provider is unable to provide.
supply of service,