20.1To the extent permitted by Law, the operation of any legislative proportionate liability regime is excluded in relation to any claim against the Participant under or in connection with this Agreement.
20.2The Participant agrees to indemnify the Commonwealth, its officers, employees and agents from and against any:
- loss or liability incurred by the Commonwealth
- loss of or damage to property of the Commonwealth or
- loss or expense incurred by the Commonwealth in dealing with any claim against it including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Commonwealth
- any act or omission by the Participant or the Participant Personnel in connection with this Agreement, where there was fault (including, any negligent or otherwise tortious act or omission) on the part of the person whose conduct gave rise to that liability, loss, damage or expense or
- any breach by the Participant of its obligations or warranties under this Agreement.
20.3The Participant's liability to indemnify the Commonwealth under clause 20.2 will be reduced proportionately to the extent that any negligent or other tortious act or omission of the Commonwealth contributed to the relevant liability, loss, damage, or expense.
20.4The right of the Commonwealth to be indemnified under this clause:
- is in addition to, and not exclusive of, any other right, power or remedy provided by Law and
- does not entitle the Commonwealth to be compensated in excess of the amount of the relevant liability, loss, damage, or expense.
20.5The Participant agrees that the Commonwealth will be taken to be acting as agent or trustee for and on behalf of its officers, employees and agents from time to time.
20.6This clause survives the expiration or early termination of this Agreement.
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