MINISTER FOR POLICE and PILATUS AUSTRALIA AGREEMENT(10)

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15.4  Failure by the Customer to grant an extension of time, or delay by the Customer in granting an extension of time shall not cause the date for the performance of the Supplier’s obligations to be set at large, except where any event, act or delay has been caused by the Customer.
15.5  In the event of any extension of time being granted pursuant to this clause, the Supplier’s obligations as regards time shall be amended accordingly.
16.  INTELLECTUAL PROPERTY RIGHTS
16.1  The Supplier must not infringe the Intellectual Property Rights of any person in performing its obligations under this Agreement.
16.2  The Supplier must indemnify and keep indemnified the Customer against all costs, expenses and liabilities whatsoever arising out, of or in connection with, any claim that the provision of the Products by the Supplier infringes the Intellectual Property Rights of any person.
16.3  If it is determined by any independent tribunal of fact or law, or if it is agreed between the parties to a dispute, that an infringement of Intellectual Property Rights has occurred, and this infringement has any effect on the right of the Customer to use the Products, the Supplier must at its own expense:
16.3.1 obtain for the Customer the right to continue using the Products;
16.3.2 modify or replace the Products (without detracting from their overall performance) so as to avoid the infringement, and compensate the Customer for the amount of any direct loss or damage sustained or incurred by the Customer during or as a result of such modification or replacement); or
16.3.3 if the solutions in either of the two preceding paragraphs cannot be achieved on reasonable terms:
(a)  
remove the Products from the Customer’s premises;

(b)  
refund the moneys paid for the Products; and

(c)  
pay to the Customer the amount of any direct loss or damage sustained as a result of the unavailability of the Products, provided that

the Customer, in its sole discretion, may determine that it is necessary to retain and continue to use the Products and any payments required to be made to a third party as a consequence of this action shall be reimbursed by the Supplier to the Customer.
16.4  For the purposes of this clause, “infringement” includes unauthorised acts which would, but for the operation of the Section 163 of the Patents Act 1990 (Cth), Section 40A of the Designs Act 1906 (Cth) and Section 183 of the Copyright Act 1968 (Cth) constitute an infringement.
17.  REPORTS The Supplier must provide to the Customer by the end of each Quarter a report including the categories of  information set out in  the Schedules. 
18.  
RECORDS

18.1  The Supplier must maintain and retain, for a period of  ten (10) years, full and proper records of all Aircraft Design and Production Services provided under this Agreement.
　
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