Common use of Releases by Customer Clause in Contracts

Releases by Customer. The Customer releases Fitzroy River Water from all claims, actions, demands, proceedings and liability which it may have or claim to have or but for this release might have had against Fitzroy River Water connected with: (a) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of any action by Fitzroy River Water, including for example, the storing or releasing of water where such action is necessary for Fitzroy River Water to comply with the requirements of any Law binding on it; (b) death or personal injury, damage to the Customer’s Nominated Works, other property, livestock, crops or assets as a consequence of actions of Fitzroy River Water in remedying a breach of this Agreement by the Customer or a breach of an agreement for the delivery of water which Fitzroy River Water has with another customer in the Regulated Area for example, in the removal of unauthorised connections or outlets; (c) alterations to storage levels or stream and bank conditions however caused including, for example, as a consequence of releases of water by Fitzroy River Water causing the movement of water weeds to clog pumps, the washing away of pumping pools, slumping of riverbanks, and the impact of sudden losses or fluctuations of flow; (d) the circumstances in which the Customer bears the risk as stated in clause 4.1(f).