Releases by Customer. The Customer releases the Scheme Owner from all claims, actions, demands, proceedings and liability which it may have or claim to have (or but for this release might have had) against the Scheme Owner connected with:
(a) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of any action by the Scheme Owner other than actions that would constitute a breach of this Agreement or negligence by the Scheme Owner, including for example, channel overflows however caused, pipeline breaks where such action is necessary for the Scheme Owner to comply with the requirements of any Law binding on it;
(b) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of flooding or inundation caused by:
(i) overflows from the Distribution Network; or
(ii) the Distribution Network acting as a barrier, in either case, as a consequence of a circumstance referred to in paragraphs (a), (e), (f) and (h) of the definition of “Event of Force Majeure”;
(c) alterations to the Distribution Network or conditions within the Distribution Network however caused including, for example, the movement of water weeds to clog pumps and the impact of sudden losses or fluctuations of flow or pressure surges within the Distribution Network; or
(d) the circumstances in which the Customer bears the risk as stated in clause 24.5.
Releases by Customer. The Customer releases SunWater from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against SunWater connected with:
(a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action by SunWater, including for example, the storing or releasing of water where such action is necessary for SunWater to comply with the requirements of any Law binding on it;
(b) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of actions of SunWater in remedying a breach of this Agreement by the Customer or a breach of an agreement for the delivery of water which SunWater has with another customer in the Regulated Area for example, in the removal of unauthorised connections or outlets;
(c) alterations to storage levels or stream and bank conditions however caused including, for example, as a consequence of releases of water by SunWater causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow;
(d) the circumstances in which the Customer bears the risk as stated in clause 4(g).
Releases by Customer. The Customer releases Fitzroy River Water from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against Fitzroy River Water connected with:
(a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action by Fitzroy River Water, including for example, the storing or releasing of water where such action is necessary for Fitzroy River Water to comply with the requirements of any Law binding on it;
(b) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of actions of Fitzroy River Water in remedying a breach of this Agreement by the Customer or a breach of an agreement for the delivery of water which Fitzroy River Water has with another customer in the Regulated Area for example, in the removal of unauthorised connections or outlets;
(c) alterations to storage levels or stream and bank conditions however caused including, for example, as a consequence of releases of water by Fitzroy River Water causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow;
(d) the circumstances in which the Customer bears the risk as stated in clause 4.1(f).
Releases by Customer. The Customer releases ROL Holder from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against ROL Holder connected with:
(a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action by ROL Holder, including for example, the storing or releasing of water where such action is necessary for ROL Holder to comply with the requirements of any Law binding on it;
(b) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of actions of ROL Holder in remedying a breach of this Agreement by the Customer or a breach of an agreement for the delivery of water which ROL Holder has with another customer in the Regulated Area for example, in the removal of unauthorised connections or outlets;
(c) alterations to storage levels or stream and bank conditions however caused including, for example, as a consequence of releases of water by ROL Holder causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow;
(d) the circumstances in which the Customer bears the risk as stated in clause 6(h).
Releases by Customer. The Customer releases Seqwater from all actions, suits, claims, demands, causes of action, costs and expenses (including any existing unsatisfied costs orders), legal, equitable, under statute and otherwise, and all other liabilities of any nature (whether or not the parties were or could have been aware of them) which it now has, at any time had, may have or claim to have, or but for this release could or might have had against Seqwater in any way related to:
(a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action or inaction by Seqwater in relation to the Services, including , the storing or releasing of water;
(b) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of actions or inactions of Seqwater in relation to this Agreement, including remedying or failure to remedy a breach of this Agreement by the Customer or a breach of an agreement by another customer in the Regulated Area;
(c) alterations to storage levels or stream and bank conditions however caused including as a consequence of releases of water by Seqwater causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow;
(d) the circumstances in which the Customer bears the risk as stated in clause 4(k).
Releases by Customer. The Customer releases ROL Holder from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against ROL Holder connected with:
(a) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of any action by ROL Holder, including for example, channel overflows however caused, pipeline breaks where such action is necessary for ROL Holder to comply with the requirements of any Law binding on it;
(b) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of flooding or inundation caused by overflows from the Distribution Network or the Distribution Network acting as a barrier as a consequence of a circumstance referred to in paragraphs (a), (e), (f) and (h) of the definition of “Event of Force Majeure”;
(c) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of actions of ROL Holder in remedying a breach of this Agreement by the Customer or a breach of an agreement for the diversion of water which ROL Holder has with another customer in the Distribution Network for example, in the removal of unauthorised connections or outlets;
(d) alterations to the Distribution Network or conditions within the Distribution Network however caused including, for example, the movement of water weeds to clog pumps and the impact of sudden losses or fluctuations of flow or pressure surges within the Distribution Network;
(e) the circumstances in which the Customer bears the risk as stated in clause 4(i).
Releases by Customer. The Customer releases the Scheme Owner from all claims, actions, demands, proceedings and liability which it may have or claim to have (or but for this release might have had) against the Scheme Owner connected with:
(a) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of any action by the Scheme Owner other than actions that would constitute a breach of this Agreement or negligence by the Scheme Owner, including for example, channel overflows however caused, pipeline breaks where such action is necessary for the Scheme Owner to comply with the requirements of any Law binding on it; and
(b) the circumstances in which the Customer bears the risk as stated in clause 23.5.
Releases by Customer. The Customer releases Seqwater from all actions, suits, claims, demands, causes of action, costs and expenses (including any existing unsatisfied costs orders), legal, equitable, under statute and otherwise, and all other liabilities of any nature (whether or not the parties were or could have been aware of them) which it now has, at any time had, may have or claim to have, or but for this release could or might have had against Seqwater in any way related to:
(a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action or inaction by Seqwater in relation to the Services, including , the storing, diversion or releasing of water;
(b) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of actions or inactions of Seqwater in relation to this Agreement, including remedying or failure to remedy a breach of this Agreement by the Customer or a breach of an agreement by another customer in the Regulated Area;
(c) alterations to storage levels or stream and bank conditions however caused including as a consequence of releases or diversions of water by Seqwater causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow;
(d) alternations to the attributes of the aquifer including hydrogeological features, strata yield and water quality caused or contributed to by any act or omission of Seqwater in either providing the Release Services or in carrying out its obligations under the Resource Operation Licence;
(e) the circumstances in which the Customer bears the risk as stated in clause 4(k).
Releases by Customer. The Customer releases SunWater from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against SunWater connected with:
(a) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of any action by SunWater, including for example, channel overflows however caused, pipeline breaks where such action is necessary for SunWater to comply with the requirements of any Law binding on it;
(b) death or personal injury, damages to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of flooding or inundation caused by overflows from the Distribution Network or the Distribution Network acting as a barrier as a consequence of a circumstance referred to in paragraphs (a), (e), (f) and (h) of the definition “Event of Force Majeure”;
(c) death or personal injury, damage to the Customer’s Offtake Works, other property, livestock, crops or assets as a consequence of actions of SunWater in remedying a breach of this Agreement by the Customer or a breach of an agreement for the diversion of water which SunWater has with another customer in the Distribution Network for example, in the removal of unauthorised connections or outlets;
(d) alterations to the Distribution Network or conditions within the Distribution Network however caused, for example, the movement of water weeds to clog pumps and the impact of sudden losses or fluctuations of flow or pressure surges within the Distribution Network;
(e) the circumstances in which the Customer bears the risk as stated in clause 2(g).
Releases by Customer. The Customer releases SunWater from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against SunWater connected with:
(a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action by SunWater other than actions that would constitute a breach of this Agreement or negligence by SunWater, including for example, the storing or releasing of water where such action is necessary for SunWater to comply with the requirements of any Law binding on it;
(b) alterations to storage levels or stream and bank conditions however caused including, for example, as a consequence of releases of water by SunWater causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow;
(c) the circumstances in which the Customer bears the risk as stated in clause 4(i).