Appendix 5


The Indemnity

In consideration of the provision of information in accordance with this Protocol, the parties hereby undertake to indemnify and keep indemnified each other against all loss damages or liability (whether criminal or civil) costs charges and expenses including legal fees and costs at any time incurred or suffered by a party to this Protocol arising on or out of the use of information provided in accordance with this Protocol, provided that such indemnity may only be invoked in the circumstances set out in sub-clauses b to c below.

  1. By signing up to this Protocol each partner shall be fully indemnified by the other partners.
  2. The parties hereto are working in partnership in exercise of their functions under the Crime and Disorder Act 1998 ("the Act").
  3. In particular the parties have agreed this Protocol to facilitate the exchange of information as a means of meeting the requirements of the Act.
  4. This Protocol provides guidance on the exchange and use of personal and de-personalised information.
  5. Further, the parties have agreed to indemnify one another in the manner described below, in circumstances where a person who is the subject of information exchanged between any of the parties in accordance with this Protocol suffers loss as a result of the misuse or inaccuracy of the information and brings an action claim or demand as a consequence thereof.
  6. Provision of Information
    1. The party seeking the indemnity may only seek to enforce it against the party that supplied information (in accordance with this Protocol) or misused that information. In the event of there being a joint responsibility or liability it will be shared accordingly, dependent upon the contributory elements involved. In the event of a dispute as to the proportion of liability this will be decided by agreement between the insurers/parties concerned. Each party must therefore obtain the agreement of their individual insurers to the wording of this indemnity.
    2. The party claiming the benefit of the indemnity must notify the party against whom it intends to invoke the indemnity within 14 days of any third party action claim or demand ("the claim") and thereafter the parties shall consult as to how the party against whom the claim has been made ("the defendant") should proceed in respect of such claim.
    3. In the absence of contrary agreement between the parties the defendant shall resist the claim as far as final judgement. In the event of any claim being paid or compromised or in the event of final judgement being given against the defendant, the party against whom the indemnity is being invoked will within 14 days of being so notified by the defendant, reimburse the defendant with the full amount of such payment or final judgement payment, such payment to cover those costs and expenses identified in clause a) above. Provided always that where any claim is paid or compromised the party against whom the indemnity is being invoked shall have the right to be consulted as to the extent of any payment.
  7. The party seeking to invoke the indemnity may not do so if it has made or makes any admission which may be prejudicial to the defence of the action claim or demand.

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Gwent Information Exchange Protocol