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<strong>LICENCE</strong> Flower and Hart 7. MAINTENANCE AND REPAIR 7.1 Repair The Licensee must promptly:- (a) report to PBPL immediately upon becoming aware of any Damage; and (b) at its Cost, rectify any Damage. 7.2 Cleaning of Licence Area The Licensee must at its Cost :- (a) keep the Licence Area in a thorough state of cleanliness and not allow any accumulation of useless property or rubbish and must immediately clean the Licence Area at the conclusion of the Term; (b) immediately cause to be removed from the Licence Area all garbage, refuse, packing materials, waste water, cartons, and other waste material upon the expiry of the Term and dispose of those items legally; and (c) use reasonable endeavours to keep the Licence Area free and clear of rodents, termites, cockroaches and other vermin. 7.3 Infectious Diseases If any infectious disease happens upon the Licence Area which may require notification by virtue of any Law, the Licensee must:- (a) (b) (c) 7.4 PBPL not liable give all the necessary notices and any other information which may be required to the proper authorities; and give a copy of the notification to PBPL; and at its own Cost thoroughly fumigate and disinfect the Licence Area. PBPL is under no Obligation to maintain the Licence Area. PBPL will not be liable for any damage or loss (including consequential losses and loss of profits) the Licensee may suffer by reason of the neglect or omission of PBPL to maintain the Licence Area. 7.5 PBPL’s right to clean and/or repair on default by Licensee If the Licensee at any time defaults in the performance or observance of any express or implied covenants in this Licence relating to the cleaning and/or repair of the Licence Area, PBPL may, but is not obliged to (but without prejudice to any other rights of PBPL hereunder), enter upon the Licence Area and carry out the relevant cleaning and/or repairs at the Cost of the Licensee. 8. ACCESS 8.1 PBPL and others to have free and unrestricted access (a) (b) This Licence is not an exclusive licence and PBPL at its sole discretion, has the right itself, and the right to permit any third party or parties (including but not limited to any Government Agencies) to use the Licence Area, or any part or parts thereof at any time and the Licensee must not restrict or inhibit their access to the Licence Area. Any fees payable in respect of the use of the Licence Area belong to and are the sole property of PBPL. 9. INDEMNITY, RISK, INSURANCE, LIABILITY 9.1 Indemnities The Licensee indemnifies PBPL against all Liabilities and Claims which PBPL may sustain or incur, or for which PBPL may become liable, whether during or after the Term, in respect of or arising from: (a) (b) loss, damage or injury from any cause to any property or person on the Licence Area during the Term; or loss, damage or injury from any cause to property or person off the Licence Area which is occasioned or contributed to by the neglect or default of the Licensee or any of the Licensee’s Employees and Agents; or Page 12 of 22 {301081 \ 01177223}
<strong>LICENCE</strong> Flower and Hart (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) the failure or delay by the Licensee or the Licensee’s Employees or Agents to observe or perform any of the covenants, conditions, regulations, Obligations or restrictions on the part of the Licensee in this Licence or under any Law, whether positive or negative, expressed or implied; or any environmental damage or Environmental Harm or any escape of a contaminant or pollution caused by or arising in any manner whatsoever or howsoever from the operations or business of the Licensee, or in connection with, or from the use of the Licence Area, erections, works, vehicles, plant, machinery or equipment by the Licensee, or any of the Licensee’s Employees and Agents; or any contamination of the Licence Area which is caused or contributed to by the Licensee, or any of the Licensee’s Employees and Agents whether during or prior to the Term; or the Costs incurred by PBPL in removing any hazardous substance or contamination from the Licence Area or any adjacent land or waters, where the presence of the hazardous substance or contamination is caused or contributed to by the Licensee or any of the Licensee’s Employees and Agents, whether during or prior to the Term; or the negligent use, misuse, waste or abuse by the Licensee, or any of the Licensee’s Employees and Agents, of any water, electricity, plumbing or other services to the Licence Area; or the overflow, leakage or escape of water, fire, electricity or any other harmful agent in or from the Licence Area, caused or contributed to by any act or omission on the part of the Licensee, or any of the Licensee’s Employees and Agents; or the failure of the Licensee to notify PBPL of any defect in any of the fire equipment or any other appurtenances on the Licence Area, of which the Licensee is aware or ought to be aware; or loss, damage or injury from any cause to property or person caused or contributed to by the use of the Licence Area by the Licensee, or any of the Licensee’s Employees and Agents, or arising out of the neglect or default of the Licensee, or any of the Licensee’s Employees and Agents; or the improper or faulty erection, construction or operation of the Licensee’s Equipment, supply of electricity or light installed or used on the Licence Area by the Licensee or any of the Licensee’s Employees an Agents; or any personal injury or death sustained by any person in or about the Licence Area during the Term however caused. The indemnity by the Licensee of PBPL in the circumstances and events above will extend to indemnifying PBPL against any and all loss suffered by PBPL by reason of any loss of capital value of the Licence Area. 9.2 Insurances (a) Prior to the Licensee being provided entry to or use of the Licence Area, the Licensee must at its Cost, take out and keep in full force and effect during the Term and ensure that any contractor engaged in relation to the Licensee’s use and occupation of the Licence Area also takes out and maintains during the Term, the following policies of insurance:- (i) (ii) Public Risk Liability Insurance in the names of both PBPL and the Licensee for their respective rights and interests, covering liability in respect of bodily injury, property damage, product liability and contractual liability for and in respect of the following:- (A) (B) the occupation and use of the Licence Area by the Licensee, the Licensee’s Employees and Agents and persons acting with its authority and permission, and suitably arranged to afford protection for the operation of vehicles and equipment which are not registered under the Transport Infrastructure (Roads) Act 1991 (Q) and hoists, and similar plant and equipment; and the business, operations or functions carried on by the Licensee upon, on, or from, the Licence Area, in a sum of not less than Twenty million dollars ($20million) in respect of any single event or accident, with full automatic reinstatement, or such higher amount as PBPL, acting reasonably, may require.; Property Insurance covering fire, fusion, theft, explosion, storm and tempest, lightning, subsidence or collapse, riots, strikes, impact by vehicles or aircraft, articles dropped from aircraft, sprinkler leakage, water damage and malicious damage and all other perils as are Page 13 of 22 {301081 \ 01177223}
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NON-EXCLUSIVE LICENCE

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