✨ Legal Agreement Clauses
5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2681
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(g) not attempt to exercise, or prevent the other party from exercising, those rights properly belonging solely to the other party (having regard to the purpose of that Tripartite Agreement); and
(h) indemnify the other party ("indemnified party") against any claims, liabilities, and expenses incurred by the indemnified party arising out of or in connection to a breach of a Tripartite Agreement by the first party.
13. THIRD PARTY CLAIMS
13.1 High flow claims:
If any person makes a Third Party Claim against either Meridian or Genesis Energy, or both of them, in respect of damage caused by high flows in the Waitaki Catchment which occurred at a time when:
(a) either Lake Tekapo or Lake Pukaki was in a High Flow Planning Zone; and
(b) both Meridian and Genesis Energy were complying with their respective High Flow Plans,
any compensation paid by either or both of Meridian or Genesis Energy shall be borne by Meridian and Genesis Energy jointly in the proportions of 77.8% for Meridian and 22.2% for Genesis Energy, and the parties shall make the necessary payments between them to achieve that result.
13.2 Other Third Party Claims:
If either party ("claimee party") becomes aware of any Third Party Claim not governed by clause 13.1, and the claimee party believes that the other party contributed, through its breach of this agreement, to such Third Party Claim in any manner, the claimee party may:
(a) notify the other party of all information available to it about the Third Party Claim; and
(b) require the WMC to meet in accordance with Schedule 4 to discuss in good faith the parties’ respective liability for that Third Party Claim and the proportion in which the parties consider the cost of that Third Party Claim should be shared.
13.3 No admission of liability:
The claimee party shall not compromise or admit liability to any third party in relation to a Third Party Claim unless the parties so agree. If the parties are unable to agree on that matter, either party may require it to be determined by an expert under section 15, but on the basis that the reference in clause 15.1 to the president or the vice president for the time being of the Institute of Professional Engineers New Zealand is deemed to be a reference to the president or vice president of the New Zealand Law Society.
13.4 Management of Third Party Claim:
Subject to clause 13.3, and unless a discussion of the WMC results in an agreement between the parties to the contrary, the claimee party shall manage all Third Party Claims as it sees fit.
14. FORCE MAJEURE
14.1 Events:
Subject to clause 14.3, neither party shall be liable for any failure or delay in complying with any obligation imposed on that party under this agreement if:
(a) the failure or delay arises directly from an event or circumstance reasonably beyond that party’s control (Event). The following are included as, but not limited to, events or circumstances reasonably beyond a party’s control:
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NZ Gazette 2011, No 93
✨ LLM interpretation of page content
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Derogation Approvals for Resource Consents
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🌾 Primary Industries & ResourcesDerogation, Resource Consents, Costs, Compensation, Agreement Terms, Expert Determination