(Release and Indemnity) The Customer shall not make a Claim against the Handling Company and shall indemnify the Handling Company against all Loss suffered or incurred by the Handling Company in respect of:
delay, injury or death of persons carried or to be carried by the Customer;
damage to or delay or loss of baggage, cargo or mail carried or to be carried by the Customer; and
damage to or loss of property owned or operated by or on behalf of the Customer (including aircraft) and any consequential loss or damage arising from any act or omission of the Handling Company in the performance of the Ground Handling Services, except to the extent caused by the negligence of the Handling Company.
(Risk) The Customer will access the Facility and the Airport at its own risk and releases the Handling Company and APAM from all Loss in connection with the Facility or the Airport except where the same arises as a result of the negligence of the Handling Company.
(Limitation of Handling Company’s Liability) to the extent permitted by law, liability of the Handling Company in connection with the provision of Ground Handling Services is exclusive of (and the Customer expressly waives to the fullest extent permitted by law) any claim by the Customer for financial or economic or indirect or consequential loss and, in relation to physical loss of or damage to aircraft, any claim lower than AUD5,000 and higher than AUD1,500,000.00.
(Compliance with Directions) All employees, contractors, agents and customers of the Customer will, at all times when at the Facility, comply with the directions of the Handling Company.
(Insurances) The Customer warrants that it has in place appropriate insurance including aviation liability insurance (if applicable) (for an amount no less than AUD$100 million for any one event of loss, damage or destruction of the Facility, the contents of the Facility (including any aircraft in or at the Facility) or the Handling Company’s assets), public liability (for an amount no less than AUD$20 million for any one event and any other insurance which is usual for operators of business similar to the Customer’s operations. On request of the Ground Handling Company, the Customer must produce satisfactory evidence, including a current certificate of currency, to the Ground Handling company that the Customer has complied with and continues to comply with its obligations under this clause.
(Definitions) The following words have the following meanings:
Airport means the land and improvements on the land known as Melbourne Airport;
APAM means Australia Pacific Airports (Melbourne) Pty Ltd ACN 076 999 114;
Claim means any action, claim, demand or proceeding;
Facility means the facility at Gate 24 Operations Road, Melbourne Airport including all improvements, plant equipment and other property belonging to the Facility operator or APAM;
Ground Handling Services means the services provided by the Handling Company to the customer;
Handling Company means Melbourne Aviation Precinct Pty Ltd ACN 168499563 as trustee for the Melbourne Aviation Precinct Trust or any successor in title; and
Loss means any loss (including loss of profit and loss of expected profit), claim, action, liability, proceeding summons, demand, notice, damage, death, personal injury, suit, judgement, injunction, order, decree, cost, charge, expense, outgoing, payment, damages diminution in value or deficiency of any kind or character which a party pays, suffers or incurs or is liable for.