(hereinafter called “the Indemnifier”)

to the CITY OF BRIMBANK
(hereinafter called “the Council”)

WHEREAS the Indemnifier has applied to the Council for authority to use portion of a road or other public area within the municipal district under the Council’s General Local Law 2018.

NOW THIS INDENTURE WITNESSETH that in consideration of the Council granting such authority to operate a sidewalk cafe:

In consideration of the Council granting such authority the applicant agrees to take out and keep current during the period of the authority a liability insurance policy insuring, for a minimum sum of ten million dollars ($10 million), the applicant against all actions, costs, claims, charges, expenses and damages which may arise under the indemnity set out below.

The applicant agrees to indemnify and keep indemnified the Council, its servants and agents and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them or any of them arising directly from the applicant’s negligent acts, errors or omissions.

The applicant’s liability to indemnify the Council shall be reduced proportionately to the extent that any act or omission of the Council, its servants or agents, contributed to the loss or liability.

Nothing in this Indemnity shall constitute an agreement by the parties to contact out of their respective liability as determined under the Wrongs Act 1958 (Vic).

OR