14. Indemnity

14. Indemnity

14.1. Release

Each Person who enters and each Market Business operating on Market Land:

(a) enters and occupies Market Land at their own risk; and

(b) releases the MMA, the MMA Associates and Authorised Representatives against any Claim by or on behalf of that Person arising from any loss, damage, death or injury to that Person or any property of that Person due to that Person’s use of or presence on the Market Land.

 

14.2. Indemnity

Each Market Business operating on Market Land:

(a) indemnifies the MMA, the MMA Associates and Authorised Representatives against any Claim arising from any:

i) loss, damage, death or injury to any property or Person in or about Market Land caused or contributed to by any act or omission of the Market Business or the Market Business’ Associate or use of or presence on the Market Land by the Market Business or the Market Business’ Associate;

ii) negligence of the Market Business or the Market Business’ Associate;

iii) breach of these Operating Rules by the Market Business or the Market Business’ Associate; or

iv) any combination of Rules 14.2(a)i) to 14.2(a)iii);

(b) must pay to the MMA any insurance excess, deductible or shortfall payable by the MMA for any insurance Claim made concerning Market Land, if the Claim arises because of any act, omission, neglect or default of the Market Business or the Market Business’ Associate; and

(c) acknowledges that the terms of the indemnity in this Rule 14 do not in any manner limit or vary any indemnities given by a Tenant or Licensee under the terms of its Lease or a Licensee under the terms of its Licence.