19.1 LHM shall not be liable for any accident, loss or damage whatsoever or to whomsoever caused by any act, default or omission, or the Customer, its employees, including its personnel being trained and/or assessed, or agents, except to the extent that sub-para b. of this paragraph applies. The Customer shall indemnify LHM against any payments which LHM may be required to make in respect of any claim arising out of any such accident, loss and/or damage for which LHM is not liable in terms of this sub-paragraph.
19.2 LHM shall indemnify the Customer against any liability of the Customer to third parties arising from accidental death of or bodily injury to or illness or disease contracted by any person or accidental loss of or damage to any property, where such death, injury, illness, disease, loss or damage was caused or contributed to by the negligence of LHM, its employees or agents, provided that in a case where such death, injury, illness, disease, loss or damage was contributed to by the negligence of LHM, its employees or agents, the indemnity shall be limited to the extent of such contribution.
20. LHM shall not be liable for any direct or consequential loss caused by the delay or cancellation of training and/or assessment due to adverse weather conditions, industrial action, fire, explosions, illness of or accident to any person, or any other cause beyond the control of LHM, provided that in the event of such cancellations of training and/or assessment the agreed training fee shall be reduced on a proportionate basis.
21. Unless LHM notifies the Customer otherwise, all documents and information received by the Customer during or in connection with the performance of this Agreement from LHM, shall be held in confidence. Such documents and information shall not be disclosed by the Customer, his or her staff, or agents, to any other person without the prior written consent of LHM unless a duty to disclose to that person is imposed under stature or by court order.
22. The copyright, intellectual property and design rights in any materials produced in the performance of this Agreement, shall remain vested with LHM. Such materials shall not be copied or reproduced without prior written consent of LHM.
23. The Customer shall make available all facilities, materials, equipment and protective clothing necessary for the training and/or assessment, unless LHM has specifically agreed to provide them.
24. If the Customer loans any equipment to LHM for use on LHM premises, LHM shall safeguard and protect the equipment so far as is reasonably practicable while on loan, but shall not be responsible for insuring the equipment. While the equipment is on loan, LHM shall carry out day-to-day maintenance and minor repairs. The Customer shall be responsible for any repairs which are not minor. For this purpose, a repair shall be deemed to be minor if the cost of repair including necessary parts does not exceed £25 (excluding VAT).
25. The terms of this Agreement may only be varied by agreement in writing between persons duly authorised by the parties.