Common use of Releases by Customer Clause in Contracts

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 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 diversion 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 or diversions of water by SunWater causing for example, 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) alterations to the attributes of the aquifer including hydrogeological features, strata yield and water quality caused or contributed to by any act or omission or SunWater in either providing the Release Services or in carrying out its obligations under the Resource Operations Licence; (e) the circumstances in which the Customer bears the risk as stated in clause 4(g).