16.09.2015 Views

NON-EXCLUSIVE LICENCE

Clean GP Berth (01177223).DOC - Port of Brisbane

Clean GP Berth (01177223).DOC - Port of Brisbane

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>LICENCE</strong><br />

Flower and Hart<br />

(q)<br />

(r)<br />

(s)<br />

(t)<br />

(u)<br />

(v)<br />

(w)<br />

(x)<br />

(y)<br />

(iii)<br />

the Insurance Council of Australia.<br />

“GST” means any applicable goods and services tax, value added tax and any tax of a similar<br />

nature that may be substituted for the same, or levied in addition thereto, now or at any time<br />

hereafter imposed including, but not limited to, the goods and services tax imposed by the GST<br />

Act.<br />

“GST Act” means A New Tax System (Goods and Services) Act 1999 (Cth), as amended from<br />

time to time, and includes any regulations thereunder and any other law of the Commonwealth of<br />

Australia or the State of Queensland, that imposes, deals with, or in any way relates to, or is<br />

incidental to, a GST.<br />

“GST Rate” means the GST rate from time to time prescribed by the GST Act (being at the date<br />

hereof ten per centum (10%)).<br />

“Input Tax Credit” means a credit allowed under the GST Act to the recipient of a Taxable Supply,<br />

for the GST paid or payable by that recipient in respect of that Taxable Supply.<br />

“Insured Risks” means:-<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

(vii)<br />

fire;<br />

lightning;<br />

explosion;<br />

aircraft (including articles dropped from aircraft);<br />

riot;<br />

civil commotion;<br />

malicious persons;<br />

(viii) earthquake;<br />

(ix)<br />

(x)<br />

(xi)<br />

(xii)<br />

storm;<br />

tempest;<br />

flood;<br />

bursting and overflowing of water Pipes, drains, gutters, tanks and other apparatus;<br />

(xiii) impact by vehicles; and<br />

(xiv) such other risks as PBPL from time to time reasonably requires to insure against<br />

subject always to the availability of insurance cover against such risks and to the extent that, and<br />

subject to the conditions on which, insurance cover against any such risks is generally available in<br />

Queensland.<br />

“Interest” means interest during the period from the date on which the payment is due to the date<br />

of payment, both before and after any judgment, at the Stipulated Rate.<br />

“Law” includes any requirement of any statute, rule, regulation, proclamation, ordinance, order, bylaw<br />

or Government Agency, present or future, and whether state, federal or otherwise.<br />

“Liabilities” includes all liabilities (whether actual, contingent or prospective), losses, damages,<br />

costs, fines, penalties, duties, expenses and fees of any description.<br />

“this Licence” means this licence together with any annexures and schedules to this Licence and<br />

any covenant or agreement expressed to be supplemental to this Licence and all amendments to<br />

those documents.<br />

(z) “Licence Fee” means that amount determined in accordance with clause 4.<br />

(aa) “the Licence Area” means the area shown hatched on the sketch plan contained in Schedule 1.<br />

(bb)<br />

(cc)<br />

“the Licensee” means the person named in Item 1(b) of the Reference Data and his or her<br />

successors.<br />

“Licensee’s Employees and Agents” means each of the employees, officers, agents,<br />

contractors, service suppliers, customers, sub-licensees and invitees and any other persons who<br />

at any time are under the control of the Licensee, or who are in or upon the Licence Area with the<br />

Page 4 of 22<br />

{301081 \ 01177223}

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!