Duty of Care
QinetiQ has a duty of care to everybody who comes onto an LTPA site to ensure that the environment in which they are working or visiting is safe and free from risk or danger.
The subject of Indemnities is covered within the LTPA - that is to say, where the responsibilities lie if there is an act or omission that is outside the remit of the duty of care.’ Although not a contractual phrase, ‘invitees’ will sit in one of two ‘families’ – QinetiQ or MOD.
QinetiQ ‘invitees’ (family) are defined as: ‘ … an employee, agent, sub-contractor or invitee of the Contractor …’
Any of the following behaviours by the invitee will constitute a Contractor Default and QinetiQ will indemnify MOD against any claims:
- a breach of the Contract or any Task by the Contractor
- a tortious or unlawful act or omission or breach of statutory duty on the part of the Contractor.
MOD ‘invitees’ (family) are defined as: ‘… an employee, agent or sub-contractor of the Authority or a tenant, licensee or invitee of the Authority.’ Members of HM Armed Forces (including Special and Other Reservists) and military personnel and any associated personnel and support staff of any government other than that of the United Kingdom, whatever their military status and irrespective of their function at any particular time, shall be deemed to be invitees of the Authority.’
Any of the following behaviours by the invitee will constitute an Authority Default and MOD will indemnify QinetiQ against any claims:
- a breach of the Contract or any Task by the Authority.
- a tortious or unlawful act or omission or breach of statutory duty on the part of the Authority