2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA   3 MARCH 2015




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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                          3 MARCH 2015

                      i)       Using, reproducing, adapting or exploiting all or any part of the material, with or
                               without attribution of authorship, and
                       ii)     Supplementing the material with any other material; or
                       iii)    Using the 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/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 om 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   Reduction of Scope
               NBRP’s liability to,indemnify the Council under this clause will be reduced proportionally to the
               extent that any act or omission involving fault onthe 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.

               9     TERMINATION FOR FAULT

               9.1   Right to Terminate for Default
               In addition to the right to terminate provided for elsewhere in this Deed, the Council may terminate
               this Deed with immediate effect by giving notice to NBRF if:

               Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                     Page 10

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