Common use of LIABILITY, INDEMNITY AND INSURANCE Clause in Contracts

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 The Training Provider must, at its own expense: a) take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances; b) maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 The Training Provider must: a) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and b) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 The Training Provider must, at its own expense: a) take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances; b) maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 The Training Provider must: a) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and b) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) : the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) and it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 . To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 14 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 . The Training Provider's liability to indemnify the Department those indemnified under Clause 13.2 14.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 Loss. The Training Provider must, at its own expense: a) : take out (with reputable insurers) and maintain until seven years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurances; b) maintain each such insurance policy throughout property; ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Termand maintained with reputable insurers; and c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 The Training Provider must: a) ; provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and b) promptly notify cover to the Department via upon request; and promptly give the SVTS Department Notice if any insurance is cancelled, cancelled or any insurance details change. A Notice issued under this VET Funding Contract by a Party must be: in writing; signed by or on behalf of the Party giving it; and hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Department, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxx, 0000, or as varied by any Notice given by the Department from time to time; or for Notices to the Training Provider, the Head Office address listed in xxxxxxxx.xxx.xx from time to time. A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this VET Funding Contract are as follows: the Department’s representative is the Executive Director or the Deputy Secretary of the Department; and the Training Provider’s representative is the CEO.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 14.1 The Training Provider warrants and represents that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 14.2 To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 14 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 14.3 The Training Provider's liability to indemnify the Department those indemnified under Clause 13.2 14.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 14.4 The Training Provider must, at its own expense: a) take out (with reputable insurers) and maintain until seven years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,cover to the Department upon request; and be) promptly notify give the Department via the SVTS Notice if any insurance is cancelled, cancelled or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) : the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) and it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 . To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 14 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 . The Training Provider's liability to indemnify the Department those indemnified under Clause 13.2 14.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 Loss. The Training Provider must, at its own expense: a) : take out (with reputable insurers) and maintain until seven years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurances; b) maintain each such insurance policy throughout property; ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Termand maintained with reputable insurers; and c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 The Training Provider must: a) ; provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and b) promptly notify cover to the Department via upon request; and promptly give the SVTS Department Notice if any insurance is cancelled, cancelled or any insurance details change. A Notice issued under this VET Funding Contract by a Party must be: in writing; signed by or on behalf of the Party giving it; and hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Department, addressed to the Executive Director, Training Market Quality, 0 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxx, 0000, or as varied by any Notice given by the Department from time to time; or for Notices to the Training Provider, the Head Office address listed in xxxxxxxx.xxx.xx from time to time. A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this VET Funding Contract are as follows: the Department’s representative is the Executive Director or the Deputy Secretary of the Department; and the Training Provider’s representative is the CEO.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) : the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) and it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 . To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 . The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 . The Training Provider must, at its own expense: a) : take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances; b) ; maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) and comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 . The Training Provider must: a) : provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and b) and promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 The Training Provider must, at its own expense: a) take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances; b) maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 The Training Provider must: a) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, and any other evidence of insurances maintained; and b) promptly notify the Department via the SVTS if any insurance is cancelled, cancelled or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 14.1. The Training Provider warrants and represents RTO acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider RTO as a result of, or arising from, the Training ProviderRTO's rights and obligations under this VET Funding Contract or in relation to provision of the Training ServicesServices to Eligible Individuals; and b) it is the Training ProviderRTO's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider 14.2. The RTO indemnifies (and must at all times keep indemnified) the Department, the State and their its employees, servants and agents (referred to in this Clause 13 as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training ProviderRTO, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 14.3. The Training ProviderRTO's liability to indemnify the Department under Clause 13.2 14.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 14.4. The Training Provider RTO must, at its own expense: a) take out (with reputable insurers) and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Department upon request; and be) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that it has not withheld from the Department any document, information or other fact material to the decision of the Department to issue the Contract Offer to the Training Provider. The Training Provider acknowledges that: a) : the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) and it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 To the maximum extent permitted by Law, the . The Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their its employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 . The Training Provider's ’s liability to indemnify the Department those indemnified under Clause 13.2 14.3 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 Loss. The Training Provider must, at its own expense: a) : take out (with reputable insurers) and maintain until seven years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurances; b) maintain each such insurance policy throughout property; ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Termand maintained with reputable insurers; and c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 The Training Provider must: a) ; provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Department upon request; and b) and promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 13.1. The Training Provider warrants and represents RTO acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider RTO as a result of, or arising from, the Training ProviderRTO's rights and obligations under this VET Funding Contract or in relation to provision of the Training ServicesServices to Eligible Individuals; and b) it is the Training ProviderRTO's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider 13.2. The RTO indemnifies (and must at all times keep indemnified) the Department, the State and their its employees, servants and agents (referred to in this Clause 13 as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training ProviderRTO, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 13.3. The Training ProviderRTO's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 13.4. The Training Provider RTO must, at its own expense: a) take out (with reputable insurers) and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Department upon request; and be) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 12.1. The Training Provider warrants and represents Board/Council acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider Board/Council as a result of, or arising from, the Training ProviderBoard/Council 's rights and obligations under this VET Funding Contract Agreement or in relation to provision of the Training ServicesServices to Eligible Individuals; and b) it is the Training ProviderBoard/Council's responsibility to carry out its obligations under this VET Funding ContractAgreement, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider 12.2. The Board/Council indemnifies (and must at all times keep indemnified) the DepartmentCommission, the State and their its employees, servants and agents (referred to in this Clause 13 as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training ProviderBoard/Council, its employees, servants, subcontractors or agents in connection with this VET Funding Contract Agreement or the Training Services. 13.3 12.3. The Training ProviderBoard/Council's liability to indemnify the Department those indemnified under Clause 13.2 12.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 12.4. The Training Provider Board/Council must, at its own expense: a) take out (with reputable insurers) and maintain until 7 years after the end of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Commission upon request; and be) promptly notify the Department via the SVTS Commission if any insurance is cancelled, cancelled or any insurance details change. 12.5. This Clause 12 continues despite any expiry or termination of the Agreement.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 13.1. The Training Provider warrants and represents RTO acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider RTO as a result of, or arising from, the Training ProviderRTO's rights and obligations under this VET Funding Contract Agreement or in relation to provision of the Training ServicesServices to Eligible Individuals; and b) it is the Training ProviderRTO's responsibility to carry out its obligations under this VET Funding ContractAgreement, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider 13.2. The RTO indemnifies (and must at all times keep indemnified) the DepartmentCommission, the State and their its employees, servants and agents (referred to in this Clause 13 as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training ProviderRTO, its employees, servants, subcontractors or agents in connection with this VET Funding Contract Agreement or the Training Services. 13.3 13.3. The Training Provider's RTO’s liability to indemnify the Department those indemnified under Clause 13.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 13.4. The Training Provider RTO must, at its own expense: a) take out (with reputable insurers) and maintain until 7 years after the end of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Commission upon request; and be) promptly notify the Department via the SVTS Commission if any insurance is cancelled, cancelled or any insurance details change. 13.5. This clause 13 continues despite any expiry or termination of the Agreement.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 14.1 The Training Provider warrants and represents that it has not withheld from the Department any document, information or other fact material to the decision of the Department to issue the Contract Offer to the Training Provider. 14.2 The Training Provider acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 To the maximum extent permitted by Law, the 14.3 The Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their its employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 14.4 The Training Provider's ’s liability to indemnify the Department those indemnified under Clause 13.2 14.3 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 14.5 The Training Provider must, at its own expense: a) take out (with reputable insurers) and maintain until seven years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Department upon request; and be) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) : the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) and it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 . To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 . The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 . The Training Provider must, at its own expense: a) : take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances; b) ; maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) and comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 . The Training Provider must: a) : provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, and any other evidence of insurances maintained; and b) and promptly notify the Department via the SVTS if any insurance is cancelled, cancelled or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 14.1. The Training Provider warrants and represents RTO acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider RTO as a result of, or arising from, the Training ProviderRTO's rights and obligations under this VET Funding Contract Agreement or in relation to provision of the Training ServicesServices to Eligible Individuals; and b) it is the Training ProviderRTO's responsibility to carry out its obligations under this VET Funding ContractAgreement, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider 14.2. The RTO indemnifies (and must at all times keep indemnified) the DepartmentCommission, the State and their its employees, servants and agents (referred to in this Clause 13 as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training ProviderRTO, its employees, servants, subcontractors or agents in connection with this VET Funding Contract Agreement or the Training Services. 13.3 14.3. The Training Provider's RTO’s liability to indemnify the Department those indemnified under Clause 13.2 14.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 14.4. The Training Provider RTO must, at its own expense: a) take out (with reputable insurers) and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Commission upon request; and be) promptly notify the Department via the SVTS Commission if any insurance is cancelled, or any insurance details change. 14.5. This Clause 14 continues despite any expiry or termination of the Agreement.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 13.1. The Training Provider warrants and represents RTO acknowledges that: a) the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider RTO as a result of, or arising from, the Training ProviderRTO's rights and obligations under this VET Funding Contract or in relation to provision of the Training ServicesServices to Eligible Individuals; and b) it is the Training ProviderRTO's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services to Eligible Individuals at its own risk. 13.2 To the maximum extent permitted by Law, the Training Provider 13.2. The RTO indemnifies (and must at all times keep indemnified) the Department, the State and their its employees, servants and agents (referred to in this Clause 13 as 'those indemnified') from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training ProviderRTO, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 13.3. The Training Provider's RTO’s liability to indemnify the Department those indemnified under Clause 13.2 will be reduced proportionally to the extent that a any negligent, wilfully reckless, wilful or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or ClaimLoss. 13.4 13.4. The Training Provider RTO must, at its own expense: a) take out (with reputable insurers) and maintain until 7 years after expiry of the Term all appropriate insurances at an adequate level to cover the provision of the Training Services to Eligible Individuals and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include , including insurance for workers compensation insurance as required by Law and compensation, public liability, professional liability liability, professional indemnity and indemnity, and property insurancesproperty; b) maintain each such insurance policy throughout ensure that the Term and (in the case of insurances are taken out on a claims made basis) for seven years after the expiry of the Term; andand maintained with reputable insurers; c) comply with all relevant insurance requirements, including conducting and improving relevant risk management practices and incident notification processes.; 13.5 The Training Provider must: ad) provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,, to the Department upon request; and be) promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.

LIABILITY, INDEMNITY AND INSURANCE. 13.1 The Training Provider warrants and represents that: a) : the State, its servants and agents are not responsible at any time for any liabilities incurred or entered into by the Training Provider as a result of, or arising from, the Training Provider's rights and obligations under this VET Funding Contract or in relation to provision of the Training Services; and b) and it is the Training Provider's responsibility to carry out its obligations under this VET Funding Contract, receive Funds and to provide the Training Services at its own risk. 13.2 . To the maximum extent permitted by Law, the Training Provider indemnifies (and must at all times keep indemnified) the Department, the State and their employees, servants and agents (referred to in this Clause 13 as those indemnified) from and against all Losses sustained or incurred by those indemnified and arising out of or relating to any death or injury to a person, damage to property or other loss caused (or to the extent contributed) by any act or omission of the Training Provider, its employees, servants, subcontractors or agents in connection with this VET Funding Contract or the Training Services. 13.3 . The Training Provider's liability to indemnify the Department under Clause 13.2 will be reduced proportionally to the extent that a negligent, wilfully reckless, or unlawful act or omission on the part of those indemnified has directly caused the relevant Loss or Claim. 13.4 Loss. The Training Provider must, at its own expense: a) : take out (with reputable insurers) all appropriate insurances at an adequate level to cover the provision of the Training Services and any risk, loss or damage arising out of or caused by the performance of those Training Services. This must include workers compensation insurance as required by Law and public liability, professional liability and indemnity, and property insurances; b) ; maintain each such insurance policy throughout the Term and (in the case of insurances taken out on a claims made basis) for seven years after the expiry of the Term; and c) and comply with insurance requirements, including conducting and improving relevant risk management practices and incident notification processes. 13.5 . The Training Provider must: a) : provide the Department upon request copies of insurance certificates of currency, including details of limits on cover,; and b) and promptly notify the Department via the SVTS if any insurance is cancelled, or any insurance details change.