2015-04-28 Attachment 1 to Item 7 Planning and Organisation Committee Agenda - Green Army Project Agreement

13.4     Subcontractors
         The Project Sponsor must ensure that any subcontract entered into by it in relation
         to this Agreement places the same obligations about Personal Information on the
         subcontractor as this clause 13 places on the Project Sponsor.
14.      Proportionate liability
         The provisions of Part 7A of the Civil Law (Wrongs) Act 2002 (ACT) (and its
         equivalents in other states and territories) apply to a claim in any way connected
         with the Project or this Agreement, whether arising in contract, tort (including
         negligence), bailment or otherwise.
15.      Insurance
15.1     Obligation to take out and maintain insurance
         (a)  Subject to clause 15.1(b), the Project Sponsor must take out or have taken
              out for the period specified in clause 15.1(c) or clause 15.1(d) (as the case
              may be) as at the Commencement Date:
              (i) | workers’ compensation insurance to the extent required by Law;
              (ii) | general and products liability insurance; and
              (iii) | professional indemnity or errors and omissions insurance,
              as specified in Item 7 of the Agreement Details.
         (b)  Where the property owners or property managers have or will take out
              general and products liability insurance in respect of the Site, the Project
              Sponsor must ensure that:
              (i) | the insurance complies with the requirements of this clause 15; and
              (ii) | the Project Sponsor is able to obtain copies of the current insurance
                    policies and certificates of currency.
         (c)   If the Project Sponsor takes out a ‘claims made’ policy, which requires all
              claims and any fact situation or circumstance that might result in a claim to be
              notified within the period of insurance, the Project Sponsor must maintain the
              policy (or a policy in like terms) during the Agreement Period and for a period
              of seven years on and from the expiry or the early termination of this
              Agreement.
         (d)   If the Project Sponsor takes out an ‘occurrence’ policy, which requires the
              circumstances to which a claim relates to occur during the period of insurance
              whilst the notification of event can occur at any time subsequently, the Project
              Sponsor must maintain the policy during the Agreement Period.
         (e)  The Project Sponsor must ensure that any subcontract entered into by the
              Project Sponsor in relation to this Agreement places on the subcontractor, in
              respect of the subcontractor’s activities, the same or similar obligations about
              insurances, as this clause 15 places on the Project Sponsor.
15.2     Copies of insurance
         The Project Sponsor must, on request, promptly provide to the Service Provider any
         relevant insurance policies and certificates of currency for inspection.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                     page 24