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ATTCH 5 - IR Response - Covenants (Anderssen Lawyers) (1)
Attached to the e-mail RAL17/0501 IR Response (email 5).
QUEENSLAND TITLES REGISTRY SCHEDULE FORM 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 6 of 8
Title Reference [Title Reference]
9. INSURANCE
The grantor will effect and keep current a public risk liability insurance policy for an amount which the Grantor
considers appropriate to its public liability risk but in any event, for an amount not less than $20,000,000 per
claim or such higher limits as agreed with the grantee from time to time. The Grantor will provide the Grantee
with a Certificate of Currency for the public liability policy as required by the Grantee.
10. RISK
10.1 The exercise of the Grantee's powers, rights and liberties herein and the use of the easement and entry
upon the Land shall be at the risk of the Grantee except to the extent of the Grantor's or Grantor's
Authorised Users negligent or willful acts or omissions.
10.2 The Grantee indemnifies the Grantor and the Grantors Authorised Users against all actions, suits,
proceedings, claims, demands, costs, losses, damages and expenses arising out of or in respect of any
act or omission of the Grantee and the Grantee's Authorised Users in the use or attempted use of the
easement by the Grantee and the Grantee's Authorised Users, except where such actions, suits,
proceedings, claims, demands, costs, losses, damages or expenses arise as a result of any negligent act
or omissions, an illegal act or a breach of a condition of the easement by the Grantor or the Grantors
Authorised Users from any such actions, suits, proceedings, claims, demands, costs, losses, damages and
expenses which but for the provisions hereof might be brought against or made upon them.
11. PASSING OF OBLIGATIONS
The burden and benefit of the covenants and obligations in this easement pass with the burdened land and
benefited land respectively so that:
(a) any person who becomes the owner of the burdened land or the benefited land must observe the
covenants in the easement; and
(b) any obligation to observe this easement only applies whilst that person is the registered owner of either
the burdened land or the benefited land.
12. GENERAL
12.1 Notice
A document, notice, consent or approval:
(a) must be in writing; and
(b) may be left at or posted to the address or sent to the facsimile number of the party in Queensland last
known to the other party.
12.2 A notice, consent or approval may be executed by that party's solicitor or by a duly authorised officer of that
party where the party is a corporation.
12.3 A notice, consent or approval is taken to be given:
(a) on the day of delivery (if left at the address of the party in Queensland last known to the other party);
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