3 Representations, Insurance and Indemnities
3.1 THERAPIST warrants and represents that he/she is fully qualified and registered as set out in the Therapists Form and that there are no restrictions on such registration. THERAPIST will provide ETH with evidence of qualification and registration not later than 7 days of signature of this Agreement, failing which ETH may choose to terminate this Agreement without notice and without any payment to THERAPIST.
3.2 If the THERAPIST has professional liability insurance in force, the THERAPIST will provide evidence of such insurance to ETH within 7 days of signature of this Agreement and immediately upon each renewal of THERAPIST’s professional liability insurance policies.
3.3 THERAPIST will indemnify and hold ETH harmless against any and all claims, liabilities, damages and all costs (including legal fees and costs) arising out of actual or alleged malpractice in connection with Clients being assessed for or receiving therapy pursuant to this Agreement or any other assessment or treatment performed by THERAPIST.
3.4 Indemnification pursuant to Clause 4.3 shall be subject to the following conditions:
3.4.1 the Indemnified Party as soon as reasonably practicable gives written notice to the Indemnifying Party of each and every claim of which it becomes aware;
3.4.2 the Indemnified Party makes no admission of liability, agreement or compromise in relation to the relevant claim without Indemnifying Party's prior written consent and in no other way compromises Indemnifying Party's settlement or defense of any such claim;
3.4.3 the Indemnified Party gives Indemnifying Party complete control of the defense or settlement of each claim at Indemnifying Party’s written request and the Indemnified Party gives the Indemnifying Party all reasonable assistance with the defense or settlement of such claim;
3.4.4 the Indemnified Party takes all reasonable steps to mitigate its losses and the damages and costs which a court may award against it or Indemnifying Party in relation to the Indemnified Party's claim following the Indemnified Party’s receipt of notice of such a claim.