any negligent, fraudulent, reckless, wilfully wrongful, unlawful or wrongful act or omission of the RTO, its officers, employees, agents, or subcontractors; the loss of, or damage to, any property (including property of the Department) or data; the death of, disease or injury to any person; and any infringement, or alleged infringement, of an Intellectual Property right by the RTO, its officers, employees, agents or subcontractors where the infringement or alleged infringement occurs directly or indirectly as a result of the provision of the Training Services or otherwise in connection with this VET Funding Contract. The RTO's liability to indemnify the Department Clause 13.3 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission of the Department has directly caused the relevant liability. The Department will not have any liability to the RTO for any indirect, special or consequential Loss arising out of breach of this VET Funding Contract. The RTO must, at its own expense: take out and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services, including insurance for workers compensation, public liability, professional liability, professional indemnity and property. The insurance policies must include public liability insurance of not less than $20 million per event; ensure that the insurances are taken out and maintained with reputable insurers; comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes and not do any thing to jeopardise indemnity under an insurance policy; provide copies of insurance certificates of currency, including details of limits on cover, and any other evidence of insurances maintained to the Department upon request; and immediately notify the Department if any insurance is cancelled, any insurance details change or an insurer refuses to indemnify it. NOTICES AND REPRESENTATIVES A notice issued under this VET Funding Contract by a Party (Notice) must be: in writing; signed by or on behalf of the Party giving it; and
any negligent, fraudulent, reckless, wilfully wrongful, unlawful or wrongful act or omission of the RTO, its officers, employees, agents, or subcontractors; the loss of, or damage to, any property (including property of the Department) or data; the death of, disease or injury to any person; and any infringement, or alleged infringement, of an Intellectual Property right by the RTO, its officers, employees, agents or subcontractors where the infringement or alleged infringement occurs directly or indirectly as a result of the provision of the Training Services or otherwise in connection with this VET Funding Contract. The RTO's liability to indemnify the Department Clause 13.3 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission of the Department has directly caused the relevant liability. The Department will not have any liability to the RTO for any indirect, special or consequential Loss arising out of breach of this VET Funding Contract. The RTO must, at its own expense: take out and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services, including insurance for workers compensation, public liability, professional liability, professional indemnity and property. The insurance policies must include public liability insurance of not less than $20 million per event; ensure that the insurances are taken out and maintained with reputable insurers; comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes and not do any thing to jeopardise indemnity under an insurance policy; provide copies of insurance certificates of currency, including details of limits on cover, and any other evidence of insurances maintained to the Department upon request; and immediately notify the Department if any insurance is cancelled, any insurance details change or an insurer refuses to indemnify it. NOTICES AND REPRESENTATIVES A notice issued under this VET Funding Contract by a Party (Notice) must be: in writing; signed by or on behalf of the Party giving it; and
2015%20VET%20Funding%20Contract%20%28Non%20Victorian-based%20RTO%20delivering%20to%20a%20National%20Enterprise%29.docx