2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   12 JUNE 2018




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           12 JUNE 2018

        directly or indirectly for the Council’s benefit in relation to the Council’s licensed use of
        such material; and
     c) Upon request, to provide the executed original of each such consent to the Council.
     d) In this clause, “Specified Acts” means any of the following classes or types of acts or
        omissions by or on behalf of the Council, excluding false attribution of authorship:
          i)    Using, reproducing, adapting or exploiting all or any part of the NBRF Program
                Material, with or without attribution of authorship, and
          ii)   Supplementing the NBRF Program Material with any other material; or
          iii)  Using the NBRF Program Material in a different context to that originally
                envisaged.

     9    INDEMNITY
     9.1  General indemnity
     NBRF indemnifies (and agrees to keep indemnified) the Council against any:
        a) Cost or liability incurred by the Council;
        b) Loss of or damage to property of the Council; or
        c)  Loss or expense incurred by the Council in‘dealing with any claim against it, including
            legal costs and expenses on_a,solicitor/own client basis and the cost of time spent,
            resources used, or disbursements paid by the Couneil;
        Arising from:
        d) Any act or omission by NBRF or‘NBRF’s_ officerspagents, employees, contractors or
            advisers (whethervoluntary or paid) where there 'was)fault on the part of the person
            whose conductgave rise‘to that costs, liability, loss, damage or expense;
        e) Any breach.of NBRF of the Deed; or
        f)  The use by Council of the material created for the purpose of this Deed, including
            any claims by‘third parties aboutsthe ownership or right to use intellectual property or
            Moral Rights.
     9.2  Reduction of scope
     NBRF’s liability to indemnify the Council under this clause will be reduced proportionally to
     the extentthat any act or omission involving fault on the part of the Council contributed to the
     relevant cost, liability, loss, damage or expense.
     9.3. Preservation of other rights
     The right of the.Council to be indemnified under this clause is in addition to, and not
     exclusive of, any other right, power or remedy provided by law, but the Council is not entitled
     to be compensated in excess of the amount of the relevant cost, liability, loss, damage or
     expense.
     9.4  Meaning of “fault”
     In clause 9, fault means any negligent or wrongful act or omission or wilful conduct.

     Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council               Page 11

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