NON-EXCLUSIVE LICENCE

LICENCE
Flower and Hart
(b)
(c)
(i)
(ii)
11. COSTS
(iii)
“Breach” means any breach by PBPL of PBPL’s Obligations or any of them;
“Title” means the title of PBPL to the Licence Area;
“PBPL’s Obligations” means all Obligations of PBPL under any covenant or other term of
this Licence or any document expressed to be supplemental to this Licence and all implied
Obligations of PBPL under this Licence or any such document.
No liability shall attach to PBPL in respect of any Breach which occurs at any time after the Title
has ceased to be vested in PBPL.
PBPL or its successors or assigns may transfer or assign this Licence without the consent of the
Licensee.
11.1 Costs of Litigation
If without fault on its part, either Party is made a party to any litigation commenced by or against the other
(other than litigation between PBPL and the Licensee) in relation to the Licence Area, the Party not at
fault must be paid by the other Party, on demand, all legal fees and disbursements (as between solicitor
and own client) incurred in connection with the litigation.
11.2 Costs to be Borne by Licensee
The Licensee must pay (and if paid by PBPL reimburse PBPL on demand):-
(a) all Costs of testing or auditing of the Licence Area for any Environmental Harm, spillage and/or
contamination;
(b) all Costs charges and expenses (including, for example, legal Costs and fees payable to a
consultant, engineer or architect) incurred by PBPL arising from any breach of this Licence by the
Licensee;
(c) all Costs of and incidental to the grant or refusal of any Consent or Approval of PBPL which may be
requested by the Licensee under the terms of this Licence;
(d) all monies PBPL may reasonably expend or be put to in consequence of any default by the
Licensee in the performance of any provision of this Licence; and
(e) its own Costs and expenses (including legal Costs) of complying with its Obligations under this
Licence.
12. DEFAULT
12.2 Damages
If PBPL determines this Licence under Clause 3.5, PBPL may recover from the Licensee, in addition to
damages and amounts recoverable apart from this Clause:-
(a) any Licence Fee or other moneys under this Licence, which are due but unpaid at the date of the
determination;
(b) the amount by which the Licence Fee between the date of determination and the date of expiry of
this Licence by effluxion of time, exceeds the licence fee received or likely to be received from any
other licensee to whom the Licence Area is re-licensed, or may be re-licensed, during that period;
and
(c)
any other amount necessary to compensate PBPL as a result, directly or indirectly, of the
Licensee’s default and PBPL’s determination of the Licence including, for example:-
(i)
(ii)
Costs of recovering possession of the Licence Area; and
legal Costs (on a solicitor and own client basis);
12.3 Reservation of Rights
The rights and powers conferred on PBPL by Clauses 12.2 are in addition to any other right or power
which may be conferred upon PBPL at Law or in equity.
12.4 Non-waiver
No delay or omission to exercise any right, power or remedy accruing to PBPL upon any continuing
breach or default under this Licence:-
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