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Standard Terms and Conditions
RELEASE, INDEMNITY AND INSURANCE PROVISIONS
Barwon Coast Committee of Management Inc has granted a lease/license/permit or entered an agreement which is the subject of the provisions of this release and indemnity.
In this document the Crown is: The State of Victoria and includes the Secretary as body corporate to the Department of Environment , Land, Water & Planning and the Committee of Management and their respective employees, servants, agents, contractors and invitees and the indemnity and release shall apply to these parties collectively and individually.
- Indemnifies the Crown in respect of any claim or liability and releases and discharges the Crown from any loss or liability for property damage and/or injury or death of any person which arises directly or indirectly out of negligence, tort, contract, or breach of a statutory duty, by the lessee/licensee/permit holder or any associated party (other than the act, default or negligence of the Department of Environment, Land, Water and Planning & the Committee of Management and their respective servants, agents, employees, contractors or invitees) consequential to the use or occupation of the land or premises, including pollution or contamination thereof, any costs, charges and expenses incurred in connection with these and,
- Agrees to maintain a public liability insurance policy which notes the Crown, as defined in this document in respect to providing indemnity for personal injury and/or property damage caused by an occurrence, and/or breach of Professional duty arising out of the negligent acts, errors or omissions of the lessee/licensee/permit holder/party to the agreement and/or its servants, agents and employees. The endorsement and extension to the policy does not extend to negligent acts, errors or omissions of the Crown (and others above mentioned), and is limited to $10M for any one occurrence during the policy period.
- The lessee/licensee/permit holder/party to the agreement agrees to provide a Certificate of Currency (so endorsed) for the above mentioned liability policy to the Committee of Management.