Civil Liability Act. (a) To the extent permitted by law, Part 4 of the Civil Liability Act 2002 (NSW) (and any other equivalent statutory provisions in any other state or territory) is excluded from applying to any right, obligation or liability of either Party under this Agreement whether such a right, obligation or liability is sought to be enforced as a breach of contract, a claim in tort or otherwise in an action for damages.
(b) All other rights, obligations and liabilities (including those relating to proportionate liability) of each Party are preserved and are as specified in or by this Agreement whether in contract, tort or otherwise in an action for damages.
Civil Liability Act. (a) The operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to any rights, obligations and liabilities arising under or in relation to this Agreement regardless of how such rights, obligations or liabilities are sought to be enforced.
(b) We will use our best endeavours to ensure that a clause equivalent to clause 14.2(a) is included in:
(i) each Subcontract; and
(ii) any further contract that any Subcontractor enters into with others for the carrying out of works.
Civil Liability Act. 2003 (Qld) Ch 2, Pt 2;
Civil Liability Act. To the extent permitted by law, Part 1F of the Civil Liability Act 2002 (WA) is excluded from the Contract.
Civil Liability Act. 22.1 All rights, obligations and liabilities under or in connection with this Agreement are to apply, even where the relevant circumstances involve a failure to take reasonable care and the existence of concurrent wrongdoers (as that term is defined in section 34(2) of the Civil Liability Act 2002 (NSW)), unlimited and otherwise unaffected by anything that, but for this clause, may by virtue of the provisions of the Civil Liability Act 2002 (NSW) have limited or otherwise affected those rights, obligations and liabilities.
Civil Liability Act. The Parties agree that Part 1F of the Civil Liability Act 2002 does not apply to this Contract.
Civil Liability Act. The operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to any rights, obligations and liabilities arising under or in relation to the Contract regardless of how such rights, obligations or liabilities are sought to be enforced.
Civil Liability Act. 14.1 To the maximum extent permitted by law:
(a) the parties agree that the Proportionate Liability Act will not have any application to this Purchase Order, or any of the obligations of the Supplier under this Purchase Order or at law;
(b) the Supplier's agreement of sole responsibility and the indemnities contained in this Purchase Order shall apply despite the provisions of the Proportionate Liability Act; and
(c) the parties agree that their rights, obligations and liabilities will be those which would exist if the Proportionate Liability Act did not apply.
14.2 If, despite the previous clause, the Proportionate Liability Act does apply, then:
(a) the Supplier acknowledges and agrees that, for the purposes of the Proportionate Liability Act, the Supplier is entirely and solely responsible for any failure to take reasonable care on the part of any of its subcontractors, employees or agents; and
(b) the Supplier undertakes to the Council, as a separate and independent absolute obligation not subject to any duty to take reasonable skill and care:
(i) which is defective or incomplete or which is not in conformance with the requirements of this Purchase Order; and
(ii) which would otherwise be a breach of the Supplier's obligations under this Purchase Order; or
(iii) to compensate the Council for any cost, loss or expense incurred by the Council as a result of having such work rectified or completed.
Civil Liability Act. Part 1F of the Civil Liability Act 2002 (WA) is hereby excluded from application to this Purchase Order.
Civil Liability Act. All rights, obligations and liabilities under or in connection with this Licence are to apply, even where the relevant circumstances involve a failure to take reasonable care and the existence of current wrongdoers (as defined in section 34(2) of the Civil Liability Act 2002 (NSW)), unlimited and unaffected by anything that, but for this clause, may by virtue of the provisions of the Civil Liability Act 2002 (NSW) have limited or otherwise affected those rights, obligations and liabilities.
