2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      8 JUNE 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               8 JUNE 2021

      8.5  Consent to specified acts
      NBRF agrees:
      a)   To obtain from each author of any NBRF Program Material a written consent to the
           Specified Acts (whether occurring before or afterthe consent is given) whichextends
           directly or indirectly to the performance of the Specified Acts by the Council or any
           person claiming under or through the Council;
      b)   To obtain from each author of any NBRF Program Material a written consent to the Specified
           Acts (whether occurring before or after the consent is given) which extends directly or
           indirectly for the Council's benefit in relation to the Council's licensed use of such material;
           and
      Cc)  Upon request, to provide the executed original of each such consent to the Council.
      d)   Inthis clause, Specified
5	1	1	7	1	5	887	978	94	28	95	Acts means any ofthe following classes ortypes ofacts or
           omissions by or on behalf of the Council, excluding false attribution of authorship:
          i)     Using, reproducing, adapting or exploiting all or any part ofthe 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 Council;
      Arising from:
      d)   Any act or omission by NBRF or NBRF's officers, agents, employees, contractors or
           advisers (whether voluntary or paid) where there was fault on the part of the person
           whose conduct gave rise to that costs, liability, loss, damage or expense;
      e)   Any breach by NBRF of this Agreement; or
     f)    The use by Council of the material created for the purpose of this Agreement, including any
           claims by third parties about the ownership or right to use intellectual property or Moral
           Rights.
      9.2   Reductionofscope
      NBRF's liability to indemnify the Council under this clause will be reduced proportionally to the extent
      that 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 ofthe 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.

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