sch.4-sec.3Indemnity

sch.4-sec.3 Indemnity

The sublessee of the sublease indemnifies, and agrees to keep indemnified, the State, the Minister 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— the granting of the sublease to the sublessee; or the sublessee’s use and occupation of the sublease land; or personal injury (including sickness and death), or property damage or loss, in connection with the following— the performance of the sublease by the sublessee; the attempted or purported performance of the sublease by the sublessee; the non-performance of the sublease by the sublessee; a breach of the sublease by the sublessee. The sublessee releases and discharges, to the maximum extent permitted by law, the indemnified parties— from all actions, claims, proceedings or demands; and in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the sublease land, whether or not— the damage is personal or property damage; and the loss is consequential loss. To the maximum extent permitted by law, the State, the Minister and their representatives are not liable to the sublessee for any consequential loss arising out of the use or occupation of the sublease land. In this section— consequential loss means the following— loss of revenue; loss of profit; loss of anticipated savings or business; loss of opportunity (including opportunity to enter into or complete arrangements with third parties); loss of data or goodwill; loss of reputation; 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. (sch.4-sec.3-ssec.1) The sublessee of the sublease indemnifies, and agrees to keep indemnified, the State, the Minister 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— the granting of the sublease to the sublessee; or the sublessee’s use and occupation of the sublease land; or personal injury (including sickness and death), or property damage or loss, in connection with the following— the performance of the sublease by the sublessee; the attempted or purported performance of the sublease by the sublessee; the non-performance of the sublease by the sublessee; a breach of the sublease by the sublessee. (sch.4-sec.3-ssec.2) The sublessee releases and discharges, to the maximum extent permitted by law, the indemnified parties— from all actions, claims, proceedings or demands; and in respect of any loss, death, injury, illness or damage arising out of the use and occupation of the sublease land, whether or not— the damage is personal or property damage; and the loss is consequential loss. (sch.4-sec.3-ssec.3) To the maximum extent permitted by law, the State, the Minister and their representatives are not liable to the sublessee for any consequential loss arising out of the use or occupation of the sublease land. (sch.4-sec.3-ssec.4) In this section— consequential loss means the following— loss of revenue; loss of profit; loss of anticipated savings or business; loss of opportunity (including opportunity to enter into or complete arrangements with third parties); loss of data or goodwill; loss of reputation; 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.