Common use of The User Clause in Contracts

The User. (a) agrees to occupy, use and keep the Designated Facility at the risk of the User; and FOR INFORMATION ONLY (b) releases to the full extent permitted by law DevelopmentWA or its officers, employees or agents including the Manager from any liability, claims, demands, costs, expenses and losses of any kind including caused by, arising from, or relating to: (i) any accident or damage to property or death or injury to, or illness of any person, of any nature in or near the Designated Facility, including from carrying out the Permitted Use; (ii) any loss of profits or business of the User; (iii) any act or default by any person accessing the Designated Facility; (iv) loss of or damage to fixtures or personal property of the User or the User’s Agents, except to the extent it may be caused by the wilful misconduct of DevelopmentWA, its officers, employees or agents.