Document ID: chunk:federal_register_of_legislation:F2014L01684:reg:10:p27
Version: federal_register_of_legislation:F2014L01684
Segment Type: reg
Provision Reference: reg 10 (pt 27/32)
Character Range: 103075–105949

Interest arises, or appears likely to arise, during the course of this Deed, and must take any action directed by the ACMA to avoid or minimise such conflict.

      35. Survival of Clauses

       35.1 If this Deed is terminated for any reason, those clauses that are necessary for the Parties to effectively exercise their rights, and discharge their obligations and responsibilities to each other so as to comply with clauses 11, 16, 17, 19, 22, 23, 26, 30, 33, 36 and 38 (and any other provision which expressly or by implication from its nature is intended to continue) will survive the termination of this Deed.

      36. Insurance

       36.1 The Registrar must, for so long as any obligations remain in connection with this Deed, effect and maintain the following insurance with an insurance company approved by the ACMA:
          (a) a broad form public liability policy to the value of at least $20 million in respect of each claim;
          (b) professional indemnity insurance to the value of at least $10 million in respect of each claim; and
          (c) worker's compensation insurance in accordance with applicable legislation.

       36.2 On request, the Registrar must produce to the ACMA a certificate evidencing that the Registrar has effected and renewed a particular insurance policy, such as a certificate of currency.

      37. Severability

       37.1 Each provision of this Deed and each part of this Deed shall, unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision or part.

       37.2 If any provision or part thereof is void or otherwise unenforceable for any reason then that provision shall be read and construed as if the severed provision or part had never existed.

      38. Liability

       38.1 While the primary relationship under this Deed is between the Commonwealth as represented by the Chief Executive of the ACMA and the Registrar, it is acknowledged that the Registrar is controlled by the Controlling Entities that are Parties to this Deed, and the Controlling Entities agree that, despite any statement to the contrary in this Deed, they will each be jointly and severally liable with the Registrar for any breach of this Deed by the Registrar (including any breach of clauses 26.1(c) to (f) after the receipt or issue of a Termination Notice).

       38.2 Without limiting clause 38.1, the Controlling Entities' joint and several liability includes:
          (a)  all costs associated with transferring the Database to another accredited registrar if this is necessary as a result of a breach of this Deed by the Registrar; and
          (b)  losses, damages and expenses of the Commonwealth and the ACMA resulting from a breach of this Deed by the Registrar.

      39. Notices

       39.1 Any notice, advice, undertaking or agreement given under