The Contractor is liable for and must indemnify the Owner against any liability; loss, claim or proceeding whatsoever arising under any legislation, at common law or court decisions in respect of personal injury to or death of any person arising out of the course of or caused by the execution of the Works if due to the negligence, act, omission or default of the Contractor or the Contractor’s servants or agents or of any subcontractor or that subcontractor’s servants or agents.