Indemnity

In force

(1)

The trustee lessee of the trustee lease indemnifies and agrees to keep indemnified the State, the Minister, the trustee and their representatives (all the indemnified parties) against all liability, costs, loss, charges and expenses including claims in negligence (including any actions, claims, proceedings or demands brought by any third party, and any legal fees, costs and disbursements on an indemnity basis) arising from, or incurred in connection with—

(a)

the granting of the trustee lease to the trustee lessee; or

(b)

the trustee lessee’s use and occupation of the trustee lease land; or

(c)

personal injury (including sickness and death), or property damage or loss, in connection with the following—

(i)

the performance of the trustee lease by the trustee lessee;

(ii)

the attempted or purported performance of the trustee lease by the trustee lessee;

(iii)

the non-performance of the trustee lease by the trustee lessee;

(iv)

a breach of the trustee lease by the trustee lessee.

(2)

The trustee lessee releases and discharges, to the maximum extent permitted by law, the indemnified parties—

(a)

from all actions, claims, proceedings or demands; and

(b)

in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the trustee lease land, whether or not—

(i)

the damage is personal or property damage; or

(ii)

the loss is consequential loss.

(3)

To the maximum extent permitted by law, the State, the Minister, the trustee and their representatives are not liable to the trustee lessee for any consequential loss arising out of the use and occupation of the trustee lease land.

(4)

If the trustee lessee has granted a trustee sublease, the trustee lessee is liable for the trustee sublessee’s use and occupation of the trustee sublease land.

(5)

In this section—

consequential loss means the following—

(a)

loss of revenue;

(b)

loss of profit;

(c)

loss of anticipated savings or business;

(d)

loss of opportunity (including opportunity to enter into or complete arrangements with third parties);

(e)

loss of data or goodwill;

(f)

loss of reputation;

(g)

any special, indirect or consequential loss whether arising in contract, tort (including negligence) or otherwise.

representative, of a party, means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of the party.

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4 Indemnity