NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

8.2 Transpower will comply with all reasonable rules and procedures that the Landowner gives to Transpower regarding the health and safety of persons on the Land and the identification and mitigation of hazards.

9. Indemnity and Liability

9.1 Transpower indemnifies the Landowner against:

a. any physical damage to the Land or anything located on the Land (other than damage resulting from or caused by interruptions to the supply of electricity or variations in the quality of electricity); and

b. any damage to a third party for which a claim is successfully brought against the Landowner;

where that damage is caused by Transpower’s act or omission in breach of this Easement or caused by Transpower’s negligence.

9.2 The indemnity in clause 9.1(b) will only apply if the Landowner advises Transpower of the claim by the third party immediately when the Landowner becomes aware of the claim. In respect of the claim by the third party, the Landowner agrees that:

a. Transpower has the sole right to act in the Landowner’s name in respect of the claim, at Transpower’s expense; and

b. Transpower may defend the claim, negotiate with the claimant or settle the claim (or any of these) in the Landowner’s name, at Transpower’s expense.

9.3 The maximum amount payable by the Landowner to Transpower in respect of any liability associated with this Easement arising:

a. for breach of any provision of this Easement; or

b. otherwise at law;

is, in the absence of the Landowner’s wilful, deliberate or intentional acts or omissions, limited to an aggregate of $\$1,000,000.00 per event or series of related events ("Limitation Amount"), provided that the Limitation Amount will be adjusted annually in accordance with movement in the Consumer Price Index (All Groups) or any replacement comparable index from the date of this Easement.

10. Consents

10.1 The Landowner is hereby deemed to:

a. consent to any application by Transpower for any consent or authority required to give effect to the easements created by this Easement, including any building consent, resource consent or authority under the Heritage New Zealand Pouhere Taonga Act 2014; and

b. appoint Transpower as the Landowner’s agent to sign and deliver any forms evidencing the Landowner’s consent to those applications.

11. General Provisions

11.1 The Line and the Equipment and Vehicles will not, for any reason, become the Landowner’s property.

11.2 If any provision of this Easement requires one party to this Easement to obtain the other party’s consent then:

a. consent must not be unreasonably or arbitrarily withheld or delayed;

b. consent may be given subject to reasonable conditions; and

c. the party giving consent must not require a payment as a condition of giving consent.

11.3 This Easement will continue forever unless surrendered by Transpower. Accordingly, the Landowner has no power to terminate the Easement or any of Transpower’s rights under this Easement for any reason.

11.4 Transpower will surrender the Easement when the Easement is no longer required by Transpower. Transpower will prepare, sign and register all documents necessary to surrender the Easement and the Landowner will promptly sign and deliver the documents when called upon to do so by Transpower.

11.5 The Landowner must at all times comply with all the Landowner’s legal requirements relating to the Line.

11.6 Transpower must at all times comply with all Transpower’s legal requirements relating to the Line.

11.7 If any part of this Easement is held to be illegal, void or unenforceable, such determination will not affect the