17 INDEMNITY

17.1 The WCAs shall, subject to Clause 17.2 be responsible for, and shall release and indemnify the WDA, its employees, agents and contractors on demand from and against all liability for:

17.1.1 death or personal injury;

17.1.2 environmental impairment, damage or contamination of water, air or ground;

17.1.3 loss of or damage to property (including property belonging to the WDA for which it is responsible);

17.1.4 breach of statutory duty; or

17.1.5 actions, claims, demands, costs, charges and expenses (including legal expenses on an indemnity basis),

which may arise out of or in consequence of performance or non-performance by any WCA of its obligations under this Agreement or in the presence on the Facility of the WCA and/or any WCA collection contractor.

17.2 The WCAs shall not be responsible for or be obliged to indemnify the WDA for any injury, loss, damage, cost and expense caused by negligence or wilful misconduct of the WDA or by the breach of the WDA of its obligations under this Agreement.