NON-EXCLUSIVE LICENCE
Clean GP Berth (01177223).DOC - Port of Brisbane
Clean GP Berth (01177223).DOC - Port of Brisbane
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<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 />
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