Common use of Proportionate Liability Clause in Contracts

Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise. (b) (Rights, obligations and liabilities): Without limiting clause 17.12(a), the rights, obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

Appears in 4 contracts

Samples: O&m Direct Deed, D&c Direct Deed, D&c Direct Deed

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Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise. (b) (Rights, obligations and liabilities): Without limiting clause 17.12(a7.12(a), the rights, rights obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

Appears in 2 contracts

Samples: Financiers' Certifier Direct Deed, Financiers' Certifier Direct Deed

Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed Construction Licence whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise. (b) (Rights, obligations and liabilities): Without limiting clause 17.12(a14.12(a), the rights, obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed Construction Licence and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

Appears in 1 contract

Samples: Construction Licence

Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise. (b) (Rights, obligations and liabilities): Without limiting clause 17.12(a19.12(a), the rights, obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

Appears in 1 contract

Samples: Release Execution Version

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Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise. (b) (Rights, obligations and liabilities): Without limiting clause 17.12(a9.8(a), the rights, obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

Appears in 1 contract

Samples: Utility Agreement

Proportionate Liability. (a) (Excluded operation of Wrongs Act): The operation of Part IVAA of the Wrongs Act 1958 (Vic) is excluded in relation to all and any rights, obligations or liabilities of either party under this Deed whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise. (b) (Rights, obligations and liabilities): Without limiting clause 17.12(a20.12(a), the rights, obligations and liabilities of the parties (including those relating to proportionate liability) are as specified in this Deed and not otherwise, whether such rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

Appears in 1 contract

Samples: Finance Direct Deed

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