Application of Extension Project Agreement. The limitations and provisions contained in clause [7] of the Extension Project Agreement apply to this Agreement mutatis mutandis. 10 Contamination (a) Without limiting clause [25A] of the Construction Agreement, the Landholder: (i) indemnifies the Trustee: (A) against any Claim by any person who is not “a Party” (as defined under the Extension Project Agreement); or (B) from any Losses incurred by the Trustee to any person who is not “a Party” (as defined under the Extension Project Agreement); and (ii) releases the Trustee from any Claim by the Landholder, arising out of, in relation to or in connection with, whether directly or indirectly: (iii) the discharge or escape of any pollutant or waste material from, or Contamination originating from the Extension Land; or (iv) any Contamination on or in the Extension Land, to the extent that the matters set out above are not caused, or contributed to, by: (v) the Trustee's failure to comply with clause 3.5(a); or (vi) any act or omission of the Trustee or any officer, employee, agent or contractor of the Trustee (other than Aurizon Network). (b) For the purpose of clause 10(a)(vi), the matters set out in clauses 10(a)(iii) and 10(a)(iv) will not be taken to be caused, or contributed to, by the Trustee or any officer, employee, agent or contractor of the Trustee merely because the Trustee has: (i) procured the design, construction and commissioning of the Extension Infrastructure under the Construction Agreement; and (ii) permitted the use of the Extension Infrastructure for permitted purposes under the Extension Infrastructure Sub-Lease.
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Samples: User Funding Agreement, User Funding – Rail Corridor Agreement
