27. Liability
27.1
Neither the Council nor the Contractor may limit its liability for the following:
27.1.1 Death or personal injury caused by its negligence, or that of its employees, agents or sub-contractors;
27.1.2 bribery, fraud or fraudulent misrepresentation by it or its employees;
27.1.3 breach or any obligation as to title implied by section 12 of the Sale of Goods Act or section 2 of the Supply of Goods and Services Act 1982, where applicable;
27.1.4 any liability to the extend that it cannot be limited or excluded by Law.
27.2
The Contractor's liability in respect of the indemnities in clauses 39.5 ( TUPE) and 34.3 (IPR) shall be unlimited.
27.3
The Contractor's liability in respect of loss of or damage under a Data Loss Event shall in no event exceed the maximum fees which can be awarded by the Information Commissioner.
27.4
The Contractor's liability in respect of all other losses incurred by the Council under or in connection with this Contract as a results of default by the Contractor, its subcontractors, employees or agents shall in no event exceed £5million (unless a different amount is stated within the ITT/ITQ for this Contract).
27.5
Subject to clauses 27.1- 27.4 above, the Contractor shall not be liable to the Council for:
27.5.1 any indirect losses; and/or
27.5.2 loss of profits, turnover, savings, business opportunities or damage to goodwill (in each case whether direct or indirect).
27.6
Each Party shall use all reasonable endeavours to mitigate any loss or damage suffered arising out of or in connection with this Contract, including any Losses for which the relevant Party is entitled to bring a claim against the other Party pursuant to the indemnities in this contract.
