Common use of Agent Obligations Clause in Contracts

Agent Obligations. The holder accepts concurrent liability for all conduct by its servants or agents infringing the Fisheries Management Act 1991 (or the Regulations, Management Plans or concession conditions made by virtue of that Act) who may be engaged by the holder to conduct on the holder’s behalf activity under this concession. Liability for the conduct of the holder’s servants or agents arises, even if the conduct may be, or actually is, beyond the scope of the servant or agent’s actual or apparent authority where it is a breach that occurs during the conduct of activity authorised by this concession. The holder may avoid concurrent liability for conduct whilst conducting activity under this concession if, but only if, the holder can establish that the infringing conduct could not possibly have been prevented by any action or precaution that the holder might have reasonably taken. The giving of an indemnity by the servant or agent to the holder for any penalties incurred by the holder, for infringing conduct by the servant or agent is not, of itself, a reasonable precaution to prevent infringing conduct.