Page 24 - Pharmacy Appeals 1/4/04 to 31/3/05

NHS Indemnity 4.1 to the extent that such personal injury (including death) is caused by the negligent
or wrongful acts or omissions or breach of statutory duty
of the Authority, its employees or agents;

4.2 to the extent that such personal injury (including death) is caused by the failure of
the Authority, its employees, or agents to conduct the
Study in accordance with the Protocol;

4.3 unless as soon as reasonably practicable following receipt of notice of such claim
or proceeding, the Authority shall have notified the Sponsor in writing of it and
shall, upon the Sponsor’s request, and at the Sponsor’s cost, have permitted the
Sponsor to have full care and control of the claim or proceeding using legal
representation of its own choosing;

4.4 if the Authority, its employees, or agents shall have made any admission in
respect of such claim or proceeding or taken any action relating to such claim or
proceeding prejudicial to the defence of it without the written consent of the
Sponsor such consent not to be unreasonably withheld provided that this
condition shall not be treated as breached by any statement properly made by the
Authority, its employees or agents in connection with the operation of the
Authority’s internal complaint procedures, accident reporting procedures or
disciplinary procedures or where such statement is required by law.

5. The Sponsor shall keep the Authority and its legal advisers fully informed of the progress
of any such claim or proceeding, will consult fully with the Authority on the nature of
any defence to be advanced and will not settle any such claim or proceeding without the
written approval of the Authority (such approval not to be unreasonably withheld).

6. Without prejudice to the provisions of paragraph 4.3 above, the Authority will use its
reasonable endeavours to inform the Sponsor promptly of any circumstances reasonably
thought likely to give rise to any such claim or proceeding of which it is directly aware
and shall keep the Sponsor reasonably informed of developments in relation to any such
claim or proceeding even where the Authority decides not to make a claim under this
indemnity. Likewise, the Sponsor shall use its reasonable endeavours to inform the
Authority of any such circumstances and shall keep the Authority reasonably informed of
developments in relation to any such claim or proceeding made or brought against the
Sponsor alone.

7. The Authority and the Sponsor will each give to the other such help as may reasonably be
required for the efficient conduct and prompt handling of any claim or proceeding by or
on behalf of Subjects (or their dependants) or concerning such a declaration as is referred
to in paragraph 3(b) above.

NHS Indemnity