Common use of Use of Reports Clause in Contracts

Use of Reports. DA grants the Commonwealth a permanent, irrevocable, royalty-free worldwide non-exclusive licence to use, reproduce, modify, adapt, distribute, communicate and publish all or part of any report or plan provided to the Commonwealth under this Agreement, excluding: any Confidential Information (except to the extent permitted by clause 4.4); and any material, including any image or text, identified by DA as being material in which a third party owns all or part of the copyright. If DA includes any material in which a third party owns all or part of the copyright in any report or plan provided to the Commonwealth under this Agreement, DA must use its best endeavours to obtain from that third party, at DA’s own cost, a licence of such material for the Commonwealth on terms equivalent to those set out in clause 4.7. DA is not required to incur unreasonable costs in doing this. Where DA is unable to obtain a licence as required in clause 4.8 for the Commonwealth, DA must: notify the Commonwealth where third party copyright is included in any report or plan provided to the Commonwealth under this Agreement; and clearly identify third party copyright in any report or plan provided to the Commonwealth under this Agreement. INDEMNITY DA indemnifies the Commonwealth, its officers and agents against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against the person claiming the indemnity) sustained or incurred as a result, whether directly or indirectly, of: any breach of this Agreement by DA; or any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of DA or its officers, employees or agents; or a claim, action or proceeding that the use by the Commonwealth of material for which the Commonwealth has a licence under this Agreement infringes the copyright of a third-party. The amount payable under an indemnity under clause 5.1 is reduced to the extent that the expenses, losses, damages and costs concerned were caused or contributed to by a breach of a licence under this Agreement by, or a negligent act or omission of the Commonwealth, or a negligent act or omission or wilful misconduct of an officer or agent of the Commonwealth. DA agrees that a person indemnified under clause 5.1 may recover a payment under an indemnity in this Agreement before the person makes the payment in respect of which the indemnity is given. The indemnities in this Agreement are irrevocable and survive the termination of this Agreement. DA agrees that the Commonwealth holds the benefit of an indemnity under clause 5 in favour of an officer or agent of the Commonwealth in trust for the officer or agent.

Use of Reports. DA FWPA grants the Commonwealth a permanent, irrevocable, royalty-free worldwide non-exclusive licence to use, reproduce, modify, adapt, distribute, communicate and publish all or part of any report or plan provided to the Commonwealth under this Agreement, excluding: any Confidential Information (except to the extent permitted by clause 4.4); and any material, including any image or text, identified by DA FWPA as being material in which a third party owns all or part of the copyright. If DA FWPA includes any material in which a third party owns all or part of the copyright in any report or plan provided to the Commonwealth under this Agreement, DA FWPA must use its best endeavours to obtain from that third party, at DAFWPA’s own cost, a licence of such material for the Commonwealth on terms equivalent to those set out in clause 4.7. DA is not required to incur unreasonable costs in doing this. Where DA FWPA is unable to obtain a licence as required in clause 4.8 for the Commonwealth, DA FWPA must: notify the Commonwealth where third party copyright is included in any report or plan provided to the Commonwealth under this Agreement; and clearly identify third party copyright in any report or plan provided to the Commonwealth under this Agreement. INDEMNITY DA FWPA indemnifies the Commonwealth, its officers and agents against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against the person claiming the indemnity) sustained or incurred as a result, whether directly or indirectly, of: any breach of this Agreement by DAFWPA; or any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of DA FWPA or its officers, employees or agents; or a claim, action or proceeding that the use by the Commonwealth of material for which the Commonwealth it has a licence under this Agreement infringes the copyright rights (including any Intellectual Property Rights) of a third-partyany person. The amount payable under an indemnity under clause 5.1 is reduced to the extent that the expenses, losses, damages and costs concerned were caused or contributed to by a breach of a licence under this Agreement by, or a negligent act or omission of the Commonwealth, or a negligent act or omission or wilful misconduct of an officer or agent of the Commonwealth. DA FWPA agrees that a person indemnified under clause 5.1 may recover a payment under an indemnity in this Agreement before the person makes the payment in respect of which the indemnity is given. The indemnities in this Agreement are irrevocable and survive the termination of this Agreement. DA FWPA agrees that the Commonwealth holds the benefit of an indemnity under clause 5 in favour of an officer or agent of the Commonwealth in trust for the officer or agent. RELATIONSHIP This Agreement does not create a relationship of employment, agency or partnership between the parties.

Use of Reports. DA SRA grants the Commonwealth a permanent, irrevocable, royalty-free worldwide non-exclusive licence to use, reproduce, modify, adapt, distribute, communicate and publish all or part of any report or plan provided to the Commonwealth under this Agreement, excluding: any Confidential Information (except to the extent permitted by clause 4.4); and any material, including any image or text, identified by DA SRA as being material in which a third party owns all or part of the copyright. If DA SRA includes any material in which a third party owns all or part of the copyright in any report or plan provided to the Commonwealth under this Agreement, DA SRA must use its best endeavours to obtain from that third party, at DASRA’s own cost, a licence of such material for the Commonwealth on terms equivalent to those set out in clause 4.7. DA is not required to incur unreasonable costs in doing this. Where DA SRA is unable to obtain such a licence as required in clause 4.8 for the Commonwealth, DA SRA must: notify the Commonwealth where third party copyright is included in any report or plan provided to the Commonwealth under this Agreement; and clearly identify third party copyright in any report or plan provided to the Commonwealth under this Agreement. INDEMNITY DA SRA indemnifies the Commonwealth, its officers and agents against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against the person claiming the indemnity) sustained or incurred as a result, whether directly or indirectly, of: any breach of this Agreement by DASRA; or any loss of or damage to any property or injury to or death of any person caused by any negligent act or omission or wilful misconduct of DA SRA or its officers, officers employees or agents; or a claim, action or proceeding that the use by the Commonwealth of material for which the Commonwealth it has a licence under this Agreement agreement infringes the copyright rights (including any Intellectual Property Rights) of a third-partyany person. The amount payable under an indemnity under clause 5.1 is reduced to the extent that the expenses, losses, damages and costs concerned were caused or contributed to by a breach of a licence under this Agreement by, or a negligent act or omission of the Commonwealth, or a negligent act or omission or wilful misconduct of an officer or agent of the Commonwealth. DA XXX agrees that a person indemnified under clause 5.1 may recover a payment under an indemnity in this Agreement before the person makes the payment in respect of which the indemnity is given. The indemnities in this Agreement are irrevocable and survive the termination of this Agreement. DA XXX agrees that the Commonwealth holds the benefit of an indemnity under clause 5 in favour of an officer or agent of the Commonwealth in trust for the officer or agent. AUTHORISATION OF PERSONS TO ACT The rights, functions and powers of the Commonwealth under this Agreement may be exercised and performed on behalf of the Commonwealth by the Minister or a delegate of the Minister or the Department. Performance of an obligation of the Commonwealth under this Agreement by the Minister or a delegate of the Minister or the Department is taken to be performance of the obligation by the Commonwealth. RELATIONSHIP This Agreement does not create a relationship of employment, agency or partnership between the parties. ASSIGNMENT SRA must not assign or novate this Agreement or any right or obligation under this Agreement unless SRA: is not in breach of this Agreement; and obtains the prior written consent of the Commonwealth; and ensures that the assignee agrees to be bound by all of SRA’s obligations under this Agreement. WAIVER Waiver of any provision of or right under this Agreement: must be in writing signed by the party entitled to the benefit of that provision or right; and is effective only to the extent set out in any written waiver.