Common use of Discharge of payment obligations Clause in Contracts

Discharge of payment obligations. (a) Any amount deposited by the State and cleared by a Trust Account under this Agreement will be deemed to: (i) have been paid to and received by the Native Title Party for and on behalf of the members of the Native Title Claim Group; and (ii) be a valid discharge of the obligations of the State to make payment of that amount under this Agreement. (b) Any amount deposited by the State and cleared by a Trust Account under the Regional Benefits Agreement will be deemed to: (i) have been paid to and received by the body under the Regional Benefits Agreement; and (ii) be a valid discharge of the obligations of the State to make payment of that amount under this Agreement. (c) The State makes the payments to the Native Title Party for and on behalf of the Native Title Claim Group as a whole. However, and notwithstanding anything else in this Agreement: (i) the State will not be bound to enquire as to the manner in which any payments made under this Agreement are applied or as to the members or beneficiaries of the body in receipt of the payments; and (ii) if the State: (A) makes enquiries as contemplated by subparagraph (i); or (B) exercises any power as contemplated by clauses 24, 25 and 26, then paragraph (d) applies. (d) The State will not be responsible for any act, omission, neglect or breach of trust by the Native Title Party, Administrative Body, Corporate Trustee or otherwise under the Regional Benefits Agreement, or otherwise including without limitation any misuse or wrongful application of payments unless: (i) the act, omission, neglect or breach of trust is attributable to an independent director nominated by the State (as contemplated by clause 22.9(a)(ii)) or a Replacement Trustee appointed by the State (as contemplated by clause 26.1); and (ii) at the time of the appointment of the independent director or Replacement Trustee (as the case may be) referred to in paragraph (i), the State failed to procure that person to obtain professional indemnity insurance in relation to the matters contemplated under this paragraph (d).

Discharge of payment obligations. (a) Any amount deposited by the State or a Proponent and cleared as available for withdrawal by a the relevant Regional Trust Account under this Agreement will be deemed to: (i) have been paid to and received by the Native Title Party for and on behalf of the members of the Native Title Claim GroupRegional Beneficiaries; and (ii) be a valid discharge of the obligations of the State or a Proponent (as the case may be) to make payment of that amount under this Agreement or the Project Agreement. (b) Any amount deposited by the State and cleared by a Trust Account under the Regional Benefits Agreement will be deemed to: (i) have been paid to and received by the body under the Regional Benefits Agreement; and (ii) be a valid discharge of the obligations of the State to make payment of that amount under this Agreement. (c) The State makes the payments to the Native Title Party for and on behalf of the Native Title Claim Group Regional Beneficiaries as a whole. However, and notwithstanding anything else in this Agreement: (i) the State will not be bound to enquire as to the manner in which any payments made under this Agreement are applied or as to the members or beneficiaries of the body in receipt of the payments; and (ii) if the State: (A) makes enquiries as contemplated by subparagraph (i); or (B) exercises any power as contemplated by clauses 24, 25 and 2624 or 25, then paragraph (dc) applies. (dc) The State or any Proponent will not in any manner be responsible for any act, omission, neglect or breach of trust by the Native Title PartyKLC, Administrative the Regional Body, Corporate Regional Trustee or otherwise under the Regional Benefits Agreement, their representatives or otherwise including without limitation any misuse or wrongful application of payments unless: (i) the act, omission, neglect or breach of trust is attributable to an independent director nominated by the State (as contemplated by clause 22.9(a)(ii)) or a Replacement Trustee appointed by the State (as contemplated by clause 26.125.1); and (ii) at the time of the appointment of the independent director or Replacement Trustee (as the case may be) referred to in paragraph (i), the State failed to procure that person to obtain professional indemnity insurance in relation to the matters contemplated under this paragraph (dc).