Indemnities for Clause Samples

Indemnities for personal injury and property damage‌ (a) Subject to clause 13 (and without limitation to clause 12.2), the Operator indemnifies and will keep indemnified each other Party and that other Party’s Associates against all Losses suffered or incurred by, or Claims brought against or made upon, that other Party or its Associates (as applicable) in respect of: (i) any loss of, damage to or destruction of real or personal property (including property of any Party); or (ii) personal injury to or death of any person, in each case to the extent caused or contributed to by: (iii) a breach of this agreement by the Operator; or (iv) any negligent act or omission of the Operator or the Operator’s Associates in the performance of obligations, or in the exercise of rights, under this agreement. (b) Subject to clause 13 (and without limitation to clause 12.2), Queensland Rail indemnifies and will keep indemnified each other Party and that other Party’s Associates against all Losses suffered or incurred by, or Claims brought against or made upon, that other Party or its Associates (as applicable) in respect of: (i) any loss of, damage to or destruction of real or personal property (including property of any Party); or (ii) personal injury to or death of any person, in each case to the extent caused or contributed to by: (iii) a breach of this agreement by Queensland Rail; or (iv) any negligent act or omission of Queensland Rail or Queensland Rail’s Associates in the performance of obligations, or in the exercise of rights under this agreement. (c) Subject to clause 13, the Access Holder indemnifies and will keep indemnified each other Party and that other Party’s Associates against all Losses suffered or incurred by, or Claims brought against or made upon, that other Party or its Associates (as applicable) in respect of: (i) any loss of, damage to or destruction of real or personal property (including property of any Party); or (ii) personal injury to or death of any person, in each case to the extent caused or contributed to by: (iii) a breach of this agreement by the Access Holder; or (iv) any negligent act or omission of the Access Holder or the Access Holder’s Associates in the performance of obligations, or in the exercise of rights under this agreement.