obligations under this clause 15, or an Individual Irrigator or Subcontractor under the subcontract provisions referred to in subclause 15.3. 16. INDEMNITY 16.1 The Organisation indemnifies (and keeps indemnified) the Commonwealth against any: (a) loss or liability incurred by the Commonwealth; (b) loss of or damage to the property; or Commonwealth’s (c) loss or expense incurred by the Commonwealth in dealing with any claim against the Commonwealth (whether or not successful), including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used, or disbursements paid by the Commonwealth; arising from: (d) any act or omission by the Organisation, its employees, agents, volunteers, Advisers, Subcontractors and Individual Irrigators in connection with this Agreement, where there was fault on the part of the person whose conduct gave rise to that liability, loss, damage, or expense; (e) any breach by the Organisation of its obligations or warranties under this Agreement, or any breach by an Individual Irrigator of its contract with the Organisation; (f) the use of the Assets by the Organisation or an Individual Irrigator; or (g) the use by the Commonwealth of the Activity Material or Existing Material, including any claims by third parties (including an Individual Irrigator or Subcontractor) about the ownership or right to use Intellectual Property Rights in Activity Material or Existing Material. 16.2 The liability to indemnify the Commonwealth under this Organisation’s clause 16 will be reduced proportionally to the extent that any fault on the part contributed to the relevant loss, damage, expense, or Commonwealth’s liability. 16.3 The right to be indemnified under this clause 16 is in Commonwealth’s addition to, and not exclusive of, any other right, power, or remedy provided by law, but the Commonwealth is not entitled to be compensated in excess of the amount of the relevant liability, damage, loss, or expense. 16.4 In this clause means any negligent or unlawful act or omission or 16, “fault” wilful misconduct.
obligations under this clause 15, or an Individual Irrigator or Subcontractor under the subcontract provisions referred to in subclause 15.3. 16. INDEMNITY 16.1 The Organisation indemnifies (and keeps indemnified) the Commonwealth against any: (a) loss or liability incurred by the Commonwealth; (b) loss of or damage to the Commonwealth’s property; or (c) loss or expense incurred by the Commonwealth in dealing with any claim against the Commonwealth (whether or not successful), including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used, or disbursements paid by the Commonwealth; arising from: (d) any act or omission by the Organisation, its employees, agents, volunteers, Advisers, Subcontractors and Individual Irrigators in connection with this Agreement, where there was fault on the part of the person whose conduct gave rise to that liability, loss, damage, or expense; (e) any breach by the Organisation of its obligations or warranties under this Agreement, or any breach by an Individual Irrigator of its contract with the Organisation; (f) the use of the Assets by the Organisation or an Individual Irrigator; or (g) the use by the Commonwealth of the Activity Material or Existing Material, including any claims by third parties (including an Individual Irrigator or Subcontractor) about the ownership or right to use Intellectual Property Rights in Activity Material or Existing Material. 16.2 The Organisation’s liability to indemnify the Commonwealth under this clause 16 will be reduced proportionally to the extent that any fault on the Commonwealth’s part contributed to the relevant loss, damage, expense, or liability. 16.3 The Commonwealth’s right to be indemnified under this clause 16 is in addition to, and not exclusive of, any other right, power, or remedy provided by law, but the Commonwealth is not entitled to be compensated in excess of the amount of the relevant liability, damage, loss, or expense. 16.4 In this clause 16, “fault” means any negligent or unlawful act or omission or wilful misconduct.
piiop-r3-sample-funding-agreement.docx