the Provider with the provisions of this clause 49 does not limit its liability under any other provision of this Agreement. Subcontractors The Provider must ensure that all Subcontractors retained by it to perform work in connection with this Agreement are covered by insurance of the types specified in this clause 49, as is appropriate given the nature of the work to be performed by each such Subcontractor. Liability The Parties agree that, to the extent permitted by law: the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations and liabilities under, or in connection with, this Agreement, whether such rights, obligations or liabilities are sought to be enforced as a breach of contract, a claim in tort or otherwise; and in accordance with clause 74 [Applicable law and jurisdiction], this clause 50.1 applies to all and any rights, obligations and liabilities under, or in connection with, this Agreement, whether such rights, obligations or liabilities arise in the State of New South Wales or elsewhere in Australia. Special rules about trustees Trustee’s warranties If the Provider acts as trustee for a trust (the 'Trust') in relation to this Agreement, the Provider warrants to the Department that: the Provider is the only trustee of the Trust; the Provider has not been removed from, or ceased to act, or resigned or retired from the office of trustee of the Trial, nor has any decision or action been taken or proposed in respect of the removal, resignation or retirement of the Provider as trustee of the Trust, or to appoint an additional trustee of the Trust; the Provider is not in default the Trust deed; the Provider has power under the Trust deed to enter into and observe the Provider's obligations under this Agreement; the Provider has entered in this Agreement in its capacity as trustee of the Trust and for the benefit of the beneficiaries of the Trust; the Provider has a right, and will at all times have a right, to be fully indemnified out of the assets of the Trust in respect of the obligations incurred by it under this Agreement; the assets of the Trust are sufficient to satisfy that right of indemnity and all other obligations in respect of which the Provider has a right to be indemnified out of the trust fund; and to the extent that the assets of the Trust are insufficient to satisfy any right of indemnity, the Provider holds professional indemnity insurance as required by clause 49 of this Agreement.
the Provider with the provisions of this clause 49 does not limit its liability under any other provision of this Agreement. Subcontractors The Provider must ensure that all Subcontractors retained by it to perform work in connection with this Agreement are covered by insurance of the types specified in this clause 49, as is appropriate given the nature of the work to be performed by each such Subcontractor. Liability The Parties agree that, to the extent permitted by law: the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations and liabilities under, or in connection with, this Agreement, whether such rights, obligations or liabilities are sought to be enforced as a breach of contract, a claim in tort or otherwise; and in accordance with clause 74 [Applicable law and jurisdiction], this clause 50.1 applies to all and any rights, obligations and liabilities under, or in connection with, this Agreement, whether such rights, obligations or liabilities arise in the State of New South Wales or elsewhere in Australia. Special rules about trustees Trustee’s warranties If the Provider acts as trustee for a trust (the 'Trust') in relation to this Agreement, the Provider warrants to the Department that: the Provider is the only trustee of the Trust; the Provider has not been removed from, or ceased to act, or resigned or retired from the office of trustee of the nor has any decision or action been taken or proposed in respect of the removal, resignation or retirement of the Provider as trustee of the Trust, or to appoint an additional trustee of the Trust; the Provider is not in default the Trust deed; the Provider has power under the Trust deed to enter into and observe the Provider's obligations under this Agreement; the Provider has entered in this Agreement in its capacity as trustee of the Trust and for the benefit of the beneficiaries of the Trust; the Provider has a right, and will at all times have a right, to be fully indemnified out of the assets of the Trust in respect of the obligations incurred by it under this Agreement; the assets of the Trust are sufficient to satisfy that right of indemnity and all other obligations in respect of which the Provider has a right to be indemnified out of the trust fund; and to the extent that the assets of the Trust are insufficient to satisfy any right of indemnity, the Provider holds professional indemnity insurance as required by clause 49 of this Agreement. Trial,
dss-des-grant-agreement.docx