Common use of Consultant to insure Clause in Contracts

Consultant to insure. The Consultant must hold and keep current throughout the Term, contracts of insurance with a reputable insurer lawfully carrying on insurance business in Australia, indemnifying: the Consultant's liability for: personal injury to, or death of, a third party; and either or both loss of, or damage to, the property of a third party; for at least $20,000,000 for each individual claim or series of claims arising out of a single occurrence, or for such other sum as the Delegate reasonably determines; the Consultant’s liability for workers' compensation; and the Consultant’s liability for professional negligence, for at least the sum stipulated in Schedule 3, for any one claim or series of claims arising out of a single occurrence, and for the term stipulated in clause 9.5 (Professional indemnity insurance). The liability to be insured against under paragraph (a) is liability arising from, or attributable to, the Consultant carrying out the Contracted Services, to the extent that the injury, death, damage or loss is caused by a wrongful (including negligent) act or omission of the Consultant or the Consultant's employees or agents. Crown to be named as principal An insurance contract required by 9.1(a) must name the Crown in the Right of Tasmania as a principal for the purpose of indemnifying the Crown for any vicarious or other legal liability (if any) it may have in respect of any injury, death, damage or loss caused by a negligent act or omission of the Consultant. Consultant to notify Delegate The Consultant must notify the Delegate in writing as soon as practicable: if an insurance contract referred to in clause 9.1 lapses, is cancelled or is materially altered; or if the Consultant claims, or becomes entitled to claim, under such an insurance contract for something related to delivering the Contracted Services. Evidence of insurance The Consultant must give the Delegate evidence of: the terms of; and payment of the premium for; each insurance contract referred to in clause 9.1, before the Consultant starts to carry out the Contracted Services; and before each due date for renewal of each such insurance contract. Professional indemnity insurance The Consultant must maintain the professional indemnity insurance required under clause 9.1 for 6 years after this Agreement terminates, to provide indemnity against claims: based on anything done, omitted, or that happened, while the Contracted Services were being provided; and made during those 6 years. This clause 9.5 survives any termination of this Agreement. Crown may insure If the Consultant fails to hold or renew each insurance contract required under clause 9.1, then without being obliged to do so, the Crown may: take out or renew an insurance contract that the Consultant does not hold or has not renewed; and pay any unpaid premium. The Consultant must pay to the Crown, on demand, all costs that the Crown incurs to do that, and interest on those costs, at the rate of ten percent per year, from the date of outlay to the date of payment. Consultant not to prejudice insurance The Consultant must not do anything that may result in insurance under clause 9.1, or any part of it, becoming invalid or unenforceable. Contract Material Title to, and property in, Contract Material The title to, and property (including all Intellectual Property) in, all Contract Material vests in the Crown upon its creation, but that material must remain readily available to the Consultant to the extent necessary to enable the Consultant to perform its duties under this Agreement. Consultant must return Contract Material On the expiration or earlier termination of this Agreement the Consultant must immediately deliver all Contract Material in its possession or control to the Delegate and if necessary, transfer any Intellectual Property forming part of that material to the Crown. Use of Contract Material restricted The Consultant must ensure that the Contract Material is used, copied supplied or reproduced only for the purposes of this Agreement. Pre-existing Intellectual Property rights The Crown agrees that any pre-existing Intellectual Property right owned by the Consultant in material used to produce Contract Material is not affected by this Agreement. No third party rights in Contract Material The Consultant warrants that the Crown’s use of the Contract Material will not infringe the Intellectual Property rights of any third party. The Crown indemnifies the Consultant from and against any claim for damages made against the Consultant arising directly or indirectly from the use of the Contract Material by the Crown or a third party, where that use was not authorised by the Consultant. Moral Rights consent from Consultant The Consultant unconditionally consents to any infringement of its Moral Rights resulting from any use, by or on behalf of the Crown, of the Contract Material described in Schedule 1 for the purposes of: the project described in Schedule 1; or any other project undertaken by the Crown. Moral Rights consent from third party authors To the extent that any third party has Moral Rights, the Consultant warrants that: for pre-existing materials that form part of the Contract Material described in Schedule 1, it has obtained; and for new materials coming into existence for the purpose of this Agreement and that form part of the Contract Material described in Schedule 1, it will obtain before or immediately on creation, the third party’s unconditional consent to any use of those Contract Materials by or on behalf of the Crown for: the project described in Schedule 1; or any other project undertaken by the Crown. Supply of documentary evidence If the Delegate so requests, the Consultant must promptly provide to the Crown all Moral Rights consents required by clause 10.8. Crown Material Crown Material remains property of the Crown Crown Material remains the property of the Crown and on the expiration or earlier termination of this Agreement the Consultant must immediately return all the Crown Material to the Delegate. The Consultant must pay the cost of delivery. Third party rights in Crown Material The Delegate must inform the Consultant of any Crown Material in which third parties hold the Intellectual Property and any conditions or limitations attaching to the use of that Crown Material as a result of the Intellectual Property. The Consultant must use Crown Material only under the conditions and limitations to which it is subject. Consultant must keep Crown Material safe The Consultant is responsible for the safe keeping and maintenance of Crown Material.

Consultant to insure. The Consultant must hold and keep current throughout the Term, contracts of insurance with a reputable insurer lawfully carrying on insurance business in Australia, indemnifying: the Consultant's liability for: personal injury to, or death of, a third party; and either or both loss of, or damage to, the property of a third party; for at least $20,000,000 for each individual claim or series of claims arising out of a single occurrence, or for such other sum as the Delegate reasonably determines; the Consultant’s liability for workers' compensation; and the Consultant’s liability for professional negligence, for at least the sum stipulated in Schedule 3, for any one claim or series of claims arising out of a single occurrence, and for the term stipulated in clause 9.5 (Professional indemnity insurance). The liability to be insured against under paragraph (a) is liability arising from, or attributable to, the Consultant carrying out the Contracted Services, to the extent that the injury, death, damage or loss is caused by a wrongful (including negligent) act or omission of the Consultant or the Consultant's employees or agents. Crown to be named as principal An insurance contract required by clause 9.1(a) must name the Crown in the Right of Tasmania as a principal for the purpose of indemnifying the Crown for any vicarious or other legal liability (if any) it may have in respect of any injury, death, damage or loss caused by a negligent act or omission of the Consultant. Consultant to notify Delegate The Consultant must notify the Delegate in writing as soon as practicable: if an insurance contract referred to in clause 9.1 lapses, is cancelled or is materially altered; or if the Consultant claims, or becomes entitled to claim, under such an insurance contract for something related to delivering the Contracted Services. Evidence of insurance The Consultant must give the Delegate evidence of: the terms of; and payment of the premium for; each insurance contract referred to in clause 9.1, before the Consultant starts to carry out the Contracted Services; and before each due date for renewal of each such insurance contract. Professional indemnity insurance The Consultant must maintain the professional indemnity insurance required under clause 9.1 for 6 years after this Agreement terminates, to provide indemnity against claims: based on anything done, omitted, or that happened, while the Contracted Services were being provided; and made during those 6 years. This clause 9.5 survives any termination of this Agreement. Crown may insure If the Consultant fails to hold or renew each insurance contract required under clause 9.1, then without being obliged to do so, the Crown may: take out or renew an insurance contract that the Consultant does not hold or has not renewed; and pay any unpaid premium. The Consultant must pay to the Crown, on demand, all costs that the Crown incurs to do that, and interest on those costs, at the rate of ten percent per year, from the date of outlay to the date of payment. Consultant not to prejudice insurance The Consultant must not do anything that may result in insurance under clause 9.1, or any part of it, becoming invalid or unenforceable. Contract Material Title to, and property in, Contract Material The title to, and property (including all Intellectual Property) in, all Contract Material vests in the Crown upon its creation, but that material must remain readily available to the Consultant to the extent necessary to enable the Consultant to perform its duties under this Agreement. Consultant must return Contract Material On the expiration or earlier termination of this Agreement the Consultant must immediately deliver all Contract Material in its possession or control to the Delegate and if necessary, transfer any Intellectual Property forming part of that material to the Crown. Use of Contract Material restricted The Consultant must ensure that the Contract Material is used, copied supplied or reproduced only for the purposes of this Agreement. Pre-existing Intellectual Property rights The Crown agrees that any pre-existing Intellectual Property right owned by the Consultant in material used to produce Contract Material is not affected by this Agreement. No third party rights in Contract Material The Consultant warrants that the Crown’s use of the Contract Material will not infringe the Intellectual Property rights of any third party. The Crown indemnifies the Consultant from and against any claim for damages made against the Consultant arising directly or indirectly from the use of the Contract Material by the Crown or a third party, where that use was not authorised by the Consultant. Moral Rights consent from Consultant The Consultant unconditionally consents to any infringement of its Moral Rights resulting from any use, by or on behalf of the Crown, of the Contract Material described in Schedule 1 for the purposes of: the project described in Schedule 1; or any other project undertaken by the Crown. Moral Rights consent from third party authors To the extent that any third party has Moral Rights, the Consultant warrants that: for pre-existing materials that form part of the Contract Material described in Schedule 1, it has obtained; and for new materials coming into existence for the purpose of this Agreement and that form part of the Contract Material described in Schedule 1, it will obtain before or immediately on creation, the third party’s unconditional consent to any use of those Contract Materials by or on behalf of the Crown forfor the purposes of: the project described in Schedule 1; or any other project undertaken by the Crown. Supply of documentary evidence If the Delegate so requests, the Consultant must promptly provide to the Crown all Moral Rights consents required by clause 10.810.7. Crown Material Crown Material remains property of the Crown Crown Material remains the property of the Crown and on the expiration or earlier termination of this Agreement the Consultant must immediately return all the Crown Material to the Delegate. The Consultant must pay the cost of delivery. Third party rights in Crown Material The Delegate must inform the Consultant of any Crown Material in which third parties hold the Intellectual Property and any conditions or limitations attaching to the use of that Crown Material as a result of the Intellectual Property. The Consultant must use Crown Material only under the conditions and limitations to which it is subject. Consultant must keep Crown Material safe The Consultant is responsible for the safe keeping and maintenance of Crown Material.

Consultant to insure. The Consultant must hold and keep current throughout the Term, contracts of insurance with a reputable insurer lawfully carrying on insurance business in Australia, indemnifying: the Consultant's liability for: personal injury to, or death of, a third party; and either or both loss of, or damage to, the property of a third party; for at least $20,000,000 for each individual claim or series of claims arising out of a single occurrence, or for such other sum as the Delegate reasonably determines; the Consultant’s liability for workers' compensation; and the Consultant’s liability for professional negligence, for at least the sum stipulated in Schedule 3, for any one claim or series of claims arising out of a single occurrence, and for the term stipulated in clause 9.5 (Professional indemnity insurance). The liability to be insured against under paragraph (a) is liability arising from, or attributable to, the Consultant carrying out the Contracted Services, to the extent that the injury, death, damage or loss is caused by a wrongful (including negligent) act or omission of the Consultant or the Consultant's employees or agents. Crown to be named as principal An insurance contract required by clause 9.1(a) must name the Crown in the Right of Tasmania as a principal for the purpose of indemnifying the Crown for any vicarious or other legal liability (if any) it may have in respect of any injury, death, damage or loss caused by a negligent act or omission of the ConsultantContractor. Consultant to notify Delegate The Consultant must notify the Delegate in writing as soon as practicable: if an insurance contract referred to in clause 9.1 lapses, is cancelled or is materially altered; or if the Consultant claims, or becomes entitled to claim, under such an insurance contract for something related to delivering the Contracted Services. Evidence of insurance The Consultant must give the Delegate evidence of: the terms of; and payment of the premium for; each insurance contract referred to in clause 9.1, before the Consultant starts to carry out the Contracted Services; and before each due date for renewal of each such insurance contract. Professional indemnity insurance The Consultant must maintain the professional indemnity insurance required under clause 9.1 for 6 years after this Agreement terminates, to provide indemnity against claims: based on anything done, omitted, or that happened, while the Contracted Services were being provided; and made during those 6 years. This clause 9.5 survives any termination of this Agreement. Crown may insure If the Consultant fails to hold or renew each insurance contract required under clause 9.1, then without being obliged to do so, the Crown may: take out or renew an insurance contract that the Consultant does not hold or has not renewed; and pay any unpaid premium. The Consultant must pay to the Crown, on demand, all costs that the Crown incurs to do that, and interest on those costs, at the rate of ten percent per year, from the date of outlay to the date of payment. Consultant not to prejudice insurance The Consultant must not do anything that may result in insurance under clause 9.1, or any part of it, becoming invalid or unenforceable. Contract Material Title to, and property in, Contract Material The title to, and property (including all Intellectual Property) in, all Contract Material vests in the Crown upon its creation, but that material must remain readily available to the Consultant to the extent necessary to enable the Consultant to perform its duties under this Agreement. Consultant must return Contract Material On the expiration or earlier termination of this Agreement the Consultant must immediately deliver all Contract Material in its possession or control to the Delegate and if necessary, transfer any Intellectual Property forming part of that material to the Crown. Use of Contract Material restricted The Consultant must ensure that the Contract Material is used, copied supplied or reproduced only for the purposes of this Agreement. Pre-existing Intellectual Property rights The Crown agrees that any pre-existing Intellectual Property right owned by the Consultant in material used to produce Contract Material is not affected by this Agreement. No third party rights in Contract Material The Consultant warrants that the Crown’s use of the Contract Material will not infringe the Intellectual Property rights of any third party. The Crown indemnifies the Consultant from and against any claim for damages made against the Consultant arising directly or indirectly from the use of the Contract Material by the Crown or a third party, where that use was not authorised by the Consultant. Moral Rights consent from Consultant The Consultant unconditionally consents to any infringement of its Moral Rights resulting from any use, by or on behalf of the Crown, of the Contract Material described in Schedule 1 for the purposes of: the project described in Schedule 1; or any other project undertaken by the Crown. Moral Rights consent from third party authors To the extent that any third party has Moral Rights, the Consultant warrants that: for pre-existing materials that form part of the Contract Material described in Schedule 1, it has obtained; and for new materials coming into existence for the purpose of this Agreement and that form part of the Contract Material described in Schedule 1, it will obtain before or immediately on creation, the third party’s unconditional consent to any use of those Contract Materials by or on behalf of the Crown forfor the purposes of: the project described in Schedule 1; or any other project undertaken by the Crown. Supply of documentary evidence If the Delegate so requests, the Consultant must promptly provide to the Crown all Moral Rights consents required by clause 10.810.7. Crown Material Crown Material remains property of the Crown Crown Material remains the property of the Crown and on the expiration or earlier termination of this Agreement the Consultant must immediately return all the Crown Material to the Delegate. The Consultant must pay the cost of delivery. Third party rights in Crown Material The Delegate must inform the Consultant of any Crown Material in which third parties hold the Intellectual Property and any conditions or limitations attaching to the use of that Crown Material as a result of the Intellectual Property. The Consultant must use Crown Material only under the conditions and limitations to which it is subject. Consultant must keep Crown Material safe The Consultant is responsible for the safe keeping and maintenance of Crown Material.

Consultant to insure. The Consultant must hold and keep current throughout the Term, contracts of insurance with a reputable insurer lawfully carrying on insurance business in Australia, indemnifying: the Consultant's liability for: personal injury to, or death of, a third party; and either or both loss of, or damage to, the property of a third party; for at least $20,000,000 for each individual claim or series of claims arising out of a single occurrence, or for such other sum as the Delegate reasonably determines; the Consultant’s liability for workers' compensation; and the Consultant’s liability for professional negligence, for at least the sum stipulated in Schedule 3, for any one claim or series of claims arising out of a single occurrence, and for the term stipulated in clause 9.5 (Professional indemnity insurance). The liability to be insured against under paragraph (a) is liability arising from, or attributable to, the Consultant carrying out the Contracted Services, to the extent that the injury, death, damage or loss is caused by a wrongful (including negligent) act or omission of the Consultant or the Consultant's employees or agents. Crown to be named as principal An insurance contract required by 9.1(a) must name the Crown in the Right of Tasmania as a principal for the purpose of indemnifying the Crown for any vicarious or other legal liability (if any) it may have in respect of any injury, death, damage or loss caused by a negligent act or omission of the ConsultantContractor. Consultant to notify Delegate The Consultant must notify the Delegate in writing as soon as practicable: if an insurance contract referred to in clause 9.1 lapses, is cancelled or is materially altered; or if the Consultant claims, or becomes entitled to claim, under such an insurance contract for something related to delivering the Contracted Services. Evidence of insurance The Consultant must give the Delegate evidence of: the terms of; and payment of the premium for; each insurance contract referred to in clause 9.1, before the Consultant starts to carry out the Contracted Services; and before each due date for renewal of each such insurance contract. Professional indemnity insurance The Consultant must maintain the professional indemnity insurance required under clause 9.1 for 6 years after this Agreement terminates, to provide indemnity against claims: based on anything done, omitted, or that happened, while the Contracted Services were being provided; and made during those 6 years. This clause 9.5 survives any termination of this Agreement. Crown may insure If the Consultant fails to hold or renew each insurance contract required under clause 9.1, then without being obliged to do so, the Crown may: take out or renew an insurance contract that the Consultant does not hold or has not renewed; and pay any unpaid premium. The Consultant must pay to the Crown, on demand, all costs that the Crown incurs to do that, and interest on those costs, at the rate of ten percent per year, from the date of outlay to the date of payment. Consultant not to prejudice insurance The Consultant must not do anything that may result in insurance under clause 9.1, or any part of it, becoming invalid or unenforceable. Contract Material Title to, and property in, Contract Material The title to, and property (including all Intellectual Property) in, all Contract Material vests in the Crown upon its creation, but that material must remain readily available to the Consultant to the extent necessary to enable the Consultant to perform its duties under this Agreement. Consultant must return Contract Material On the expiration or earlier termination of this Agreement the Consultant must immediately deliver all Contract Material in its possession or control to the Delegate and if necessary, transfer any Intellectual Property forming part of that material to the Crown. Use of Contract Material restricted The Consultant must ensure that the Contract Material is used, copied supplied or reproduced only for the purposes of this Agreement. Pre-existing Intellectual Property rights The Crown agrees that any pre-existing Intellectual Property right owned by the Consultant in material used to produce Contract Material is not affected by this Agreement. No third party rights in Contract Material The Consultant warrants that the Crown’s use of the Contract Material will not infringe the Intellectual Property rights of any third party. The Crown indemnifies the Consultant from and against any claim for damages made against the Consultant arising directly or indirectly from the use of the Contract Material by the Crown or a third party, where that use was not authorised by the Consultant. Moral Rights consent from Consultant The Consultant unconditionally consents to any infringement of its Moral Rights resulting from any use, by or on behalf of the Crown, of the Contract Material described in Schedule 1 for the purposes of: the project described in Schedule 1; or any other project undertaken by the Crown. Moral Rights consent from third party authors To the extent that any third party has Moral Rights, the Consultant warrants that: for pre-existing materials that form part of the Contract Material described in Schedule 1, it has obtained; and for new materials coming into existence for the purpose of this Agreement and that form part of the Contract Material described in Schedule 1, it will obtain before or immediately on creation, the third party’s unconditional consent to any use of those Contract Materials by or on behalf of the Crown for: the project described in Schedule 1; or any other project undertaken by the Crown. Supply of documentary evidence If the Delegate so requests, the Consultant must promptly provide to the Crown all Moral Rights consents required by clause 10.8. Crown Material Crown Material remains property of the Crown Crown Material remains the property of the Crown and on the expiration or earlier termination of this Agreement the Consultant must immediately return all the Crown Material to the Delegate. The Consultant must pay the cost of delivery. Third party rights in Crown Material The Delegate must inform the Consultant of any Crown Material in which third parties hold the Intellectual Property and any conditions or limitations attaching to the use of that Crown Material as a result of the Intellectual Property. The Consultant must use Crown Material only under the conditions and limitations to which it is subject. Consultant must keep Crown Material safe The Consultant is responsible for the safe keeping and maintenance of Crown Material.