2015-04-28 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA    28 APRIL 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                            28 APRIL 2015

                       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.

                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.

               8      INDEMNITY

               8.1    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/ownclient 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 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 about the ownership or right to use intellectual property or Moral Rights.

               8.2    Reductionof Scope
                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.

               8.3.   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.

               8.4    Meaning of “fault”
                In clause 8, fault means any negligent or wrongful act or omission or wilful conduct.

               Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                      Page 13

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