Common use of PPS Law Clause in Contracts

PPS Law. 11.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law”). References to PPS Law in this Agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (a) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and (c) enabling the Owner to exercise rights in connection with the security interest. 11.3 The rights of the Owner under this document are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 To the extent that Chapter 4 of PPSA applies to any security interest under this Agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreement). 11.5 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner. The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 5.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided this Contract provides for in this Agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner 5.2 Kennards may register any actual impending or likely its security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer Customer must do anything (such as obtaining consents and signing documents) which the Owner ▇▇▇▇▇▇▇▇ requires for the purposes of: (a) ensuring that the Owner’s ▇▇▇▇▇▇▇▇’ security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner ▇▇▇▇▇▇▇▇ to gain first priority (or any other priority agreed to by the Owner ▇▇▇▇▇▇▇▇ in writing) for its security interest; and (c) enabling the Owner ▇▇▇▇▇▇▇▇ to exercise rights in connection with the security interest. 11.3 5.3 The rights of the Owner ▇▇▇▇▇▇▇▇ under this document are in addition to and not in substitution for the Owner’s Kennards’ rights under other law (including the PPS Law) and the Owner Kennards may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s ▇▇▇▇▇▇▇▇ security interest will attach to proceeds. 11.4 5.4 To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagree- ment, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner Kennards to give a notice to the HirerCustomer); section 96 (retention of accession); section 121(4section121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreement).Kennards to 11.5 5.5 The following provisions of the PPS Law; : section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the OwnerKennards. The Hirer Customer agrees that in addition to those rights, the Owner ▇▇▇▇▇▇▇▇ shall, if there is default by the HirerCustomer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer Customer agrees that the Owner ▇▇▇▇▇▇▇▇ may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 5.6 The Hirer Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 The Owner 5.7 Kennards and the Hirer Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner Kennards the benefit of section 275(6)(a275 (6)(a) and the Owner Kennards shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 The Hirer 5.8 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer Kennards. 5.9 Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner Kennards (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner ▇▇▇▇▇▇▇▇ and must be expressed to be subject to the rights of the Owner ▇▇▇▇▇▇▇▇ under this Agreementagreement. The Hirer Customer may not vary a sub-hire without the prior written consent of the Owner Kennards (which may be withheld in its absolute discretion). 11.9 The Hirer 5.10 Customer must ensure that the Owner Kennards is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer 5.11 Customer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceableenforce- able, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer Customer to gain (subject always to the rights of the Owner▇▇▇▇▇▇▇▇) first priority (or any other priority agreed to by the Owner ▇▇▇▇▇▇▇▇ in writing) for the security interest; and (c) enabling the Owner ▇▇▇▇▇▇▇▇ and the Hirer Customer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law”). References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (a) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and (c) enabling the Owner to exercise rights in connection with the security interest. 11.3 The rights of the Owner under this document are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreementagreement). 11.5 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner. The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements agreements prior to the date of this Agreementagreement. 11.7 The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreementagreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreementagreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreementagreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided this Contract provides for in this Agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner . • Eastern Diggers may register any actual impending or likely its security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer Customer must do anything (such as obtaining consents and signing documents) which the Owner Eastern Diggers requires for the purposes of: (a) : • ensuring that the Owner’s Eastern Diggers’ security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) ; • enabling the Owner Eastern Diggers to gain first priority (or any other priority agreed to by the Owner Eastern Diggers in writing) for its security interest; and (c) and • enabling the Owner Eastern Diggers to exercise rights in connection with the security interest. 11.3 . • The rights of the Owner Eastern Diggers under this document are in addition to and not in substitution for the Owner’s Eastern Diggers’ rights under other law (including the PPS Law) and the Owner Eastern Diggers may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s Eastern Diggers security interest will attach to proceeds. 11.4 . • To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner Eastern Diggers to give a notice to the HirerCustomer); section 96 (retention of accession); section 121(4section121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner Eastern Diggers to give a notice to the HirerCustomer); section 129(2) and 129(3); section 132(3)(d)(contents 132(3)(d) (contents of statement of account after disposal); section 132(4)(statement 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 section 143 (re-instatement of security Agreementagreement). 11.5 . • The following provisions of the PPS Law; : section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the OwnerEastern Diggers. The Hirer Customer agrees that in addition to those rights, the Owner Eastern Diggers shall, if there is default by the HirerCustomer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer Customer agrees that the Owner Eastern Diggers may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 . • The Hirer Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 The Owner • Eastern Diggers and the Hirer Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner Eastern Diggers the benefit of section 275(6)(a275 (6)(a) and the Owner Eastern Diggers shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 The Hirer . • Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the OwnerEastern Diggers. The Hirer • Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner Eastern Diggers (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner Eastern Diggers and must be expressed to be subject to the rights of the Owner Eastern Diggers under this Agreementagreement. The Hirer Customer may not vary a sub-hire subhire without the prior written consent of the Owner Eastern Diggers (which may be withheld in its absolute discretion). 11.9 The Hirer . • Customer must ensure that the Owner Eastern Diggers is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer . • Customer must take all steps including registration under PPS Law as may be required to: (a) : • ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) ; • enabling the Hirer Customer to gain (subject always to the rights of the OwnerEastern Diggers) first priority (or any other priority agreed to by the Owner Eastern Diggers in writing) for the security interest; and (c) and • enabling the Owner Eastern Diggers and the Hirer Customer to exercise their respective rights in connection with the security interest. 11.11 To assure performance . • where the Equipment is lost or stolen; • where the operator is not suitably licensed; • where the operator is affected by drugs and/or alcohol; • where the equipment has been wilfully damaged by the Customer or its employees or agents; • where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance; • where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road; or • where the damage is caused in any way by overloading. • Where damage is caused to a truck pantech or truck crane. • The Customer may pay an additional Vehicle Waiver Plus Fee (Excluding Customers driving with “P” plate licences) in relation to the hire of its obligations under this AgreementMotor Vehicles, which will; • reduce the Hirer hereby gives Damage Waiver Excess in relation to Motor Vehicles; cover damage to a pantech or van body above cab height; and • add a Theft Waiver component for Motor Vehicles. Theft Waiver is not insurance, but is an agreement by Eastern Diggers that the Owner Customer’s liability for theft or loss of the Motor Vehicle can be limited in some circumstances only to an irrevocable power amount called the Theft Waiver Excess. Eastern Diggers may ask the Customer to pay the Vehicle Waiver Plus Fee on the hire of attorney Motor Vehicles, but the Customer may decide to do anything opt out of that payment. Credit account customers will have the Owner considers Vehicle Waiver Plus applied to all relevant hires unless the Hirer should do under this AgreementCustomer has declined the Waiver on the credit application or opted out by providing notice to Eastern Diggers in writing. The Owner reduced Damage Waiver Excess and the Theft Waiver Excess apply to Motor Vehicles when the Vehicle Waiver Plus Fee is paid this will be shown on the Hire Contract and will vary for different classes of vehicles. • The Customer may recover from pay an additional Equipment Waiver Plus Fee in relation to the Hirer hire of medium and large equipment (being such Equipment as determined by Eastern Diggers at the cost time of doing anything under this clausehire), including registration feeswhich will; • reduce the Damage Waiver Excess in relation to medium and large equipment; and • add a Theft Waiver component for medium and large machinery. Theft Waiver is not insurance, but is an agreement by Eastern Diggers that the Customer’s liability for theft or loss of the Equipment can be limited in some circumstances only to an amount called the Theft Waiver Excess. Eastern Diggers may ask the Customer to pay the Equipment Waiver Plus Fee on the hire of medium and large equipment, but the Customer may decide to opt out of that payment. Credit account customers will have the Equipment Waiver Plus applied to all relevant hires unless the Customer has declined the Waiver on the credit application form or have opted out by providing notice to Eastern Diggers in writing. • The reduced Damage Waiver Excess and the Theft Waiver Excess which apply to medium and large equipment when the Equipment Waiver Plus Fee is paid will be shown on the Hire Contract and will vary for different types of machinery. THEFT WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY FOR THEFT in the following circumstances; • where the Customer has failed to keep the Equipment in a securely locked enclosed area, or in the case of a Motor Vehicle, has failed to properly secure or lock the Motor Vehicle; or • where the Customer has failed to submit to Eastern Diggers a Police Report on the theft within 7 days of the theft allegedly occurring. In the event of Theft Waiver applying, hire fees will be charged to the Customer until the Police Report is provided to Eastern Diggers. Damage Waiver or Theft Waiver will NOT apply where Eastern Diggers determines that any of the applicable circumstances in clauses 6.2(a)-(h) or 6.5(a)-(b) respectively have occurred, unless the Customer is able to establish otherwise to the reasonable satisfaction of Eastern Diggers.

PPS Law. 11.1 9.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided this Hire Agreement provides for in this Agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) (“PPS Law”). References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner 9.2 If Swiftlift does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: (1) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or (2) a year in any other case. 9.3 Swiftlift may register any actual impending or likely its security interestinterest in the Equipment. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer Customer must do anything (such as obtaining consents and signing documents) which the Owner Swiftlift requires for the purposes of: : (a1) ensuring that the OwnerSwiftlift’s security interest is enforceable, perfected and otherwise effective under the PPS Law; ; (b2) enabling the Owner Swiftlift to gain first priority (or any other priority agreed to by the Owner Swiftlift in writing) for its security interest; and and (c3) enabling the Owner Swiftlift to exercise rights in connection with the security interest. 11.3 9.4 The rights of the Owner Swiftlift under this document are in addition to and not in substitution for the OwnerSwiftlift’s rights under other law (including the PPS Law) and the Owner Swiftlift may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s Swiftlift security interest will attach to proceeds. 11.4 9.5 To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreement). 11.5 9.6 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the OwnerSwiftlift. The Hirer Customer agrees that in addition to those rights, the Owner Swiftlift shall, if there is default by the HirerCustomer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document Hire Agreement and the Hirer Customer agrees that the Owner Swiftlift may do so in any manner it sees fit including (in respect of dealing and an disposal) by private or public sale, lease or licencelicense. 11.6 9.7 The Hirer Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 The Owner 9.8 Swiftlift and the Hirer Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner Swiftlift the benefit of section 275(6)(a) and the Owner Swiftlift shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 The Hirer 9.9 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer Swiftlift. 9.10 Customer must not lease, hire, bail or give possession (‘sub-hire’) of , or sub- hire the Equipment to anyone else unless the Owner Swiftlift (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner Swiftlift and must be expressed to be subject to the rights of the Owner Swiftlift under this Agreementagreement. The Hirer Customer may not vary a sub-hire without the prior written consent of the Owner Swiftlift (which may be withheld in its absolute discretion). 11.9 The Hirer 9.11 Customer must ensure that the Owner Swiftlift is provided at all times with up-to-up to date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer 9.12 Customer must take all steps including registration under PPS Law as may be required to: : (a1) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; ; (b) enabling 2)enabling the Hirer Customer to gain (subject always to the rights of the OwnerSwiftlift) first priority (or any other priority agreed to by the Owner Swiftlift in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) (PPS Law”). References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (a) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and (c) enabling the Owner to exercise rights in connection with the security interest. 11.3 The rights of the Owner under this document are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreementagreement). 11.5 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner. The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements agreements prior to the date of this Agreementagreement. 11.7 The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-sub- clause. 11.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreementagreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreementagreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreementagreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees. 11.12 The Hirer must give the Owner at least 30 days’ prior notice of any change in business structure of the Hirer or if it becomes trustee of a trust or a partner in a partnership, together with details of the proposed new structure including any ABN issued to the trust or partnership.

PPS Law. 11.1 5.1. This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement is Contract creates a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPS Law”). 5.2. References to PPS Law in this Agreement include references to amended, replacement and successor provisions or legislationprovisions. 11.2 The Owner 5.3. Mansfield Hire may register any actual impending or likely its security interestinterest as a PMSI. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer Customer must do anything (such as obtaining consents and signing documents) which the Owner Which Mansfield Hire requires for the purposes of: (a) ensuring Ensuring that the OwnerMansfield Hire’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner Enabling Mansfield Hire to gain first priority (or any other priority agreed to by the Owner Mansfield Hire in writing) for its security interest; and (c) enabling the Owner Enabling Mansfield Hire to exercise rights in connection with the security interest. 11.3 5.4. ▇▇▇▇▇▇▇▇▇ Hire may recover from the Customer the cost of doing anything under this clause, including but not limited to registration fees. 5.5. The rights of the Owner Mansfield Hire under this document are in addition to and not in substitution for the OwnerMansfield Hire’s rights under other law (including the PPS Law) and the Owner Mansfield Hire may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 5.6. To the extent that Chapter 4 of PPSA the PPS applies to any the security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner Mansfield Hire to give a notice to the HirerCustomer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner Mansfield Hire to give a notice to the HirerCustomer); section 129(2) and 129(3); section 132(3)(d)(contents 132(3)(d) (contents of statement of account after disposal); section 132(4)(statement 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 section 143 (re-instatement of security Agreementagreement). 11.5 5.7. The following provisions of the PPS Law; Law confer rights to Mansfield Hire: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner). The Hirer Customer agrees that in addition to those rights, the Owner Mansfield Hire shall, if there is default by the HirerCustomer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer Customer agrees that the Owner Mansfield Hire may do so in any manner it sees fit fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 5.8. The Hirer Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 The Owner 5.9. Mansfield Hire and the Hirer Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement in this sub-clause is made solely for the purpose purposes of allowing to the Owner Mansfield Hire the benefit of section 275(6)(a) and the Owner R shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of if Mansfield Hire breaches this sub-clause. 11.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 (a) This clause applies to the extent that the Owner’s interest in respect of a hire Hire as provided for in this Agreement agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law”). . (b) References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 (c) The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (ai) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the underthe PPS Law; (bii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and (ciii) enabling the Owner to exercise rights in connection with the security interest. 11.3 (d) The rights of the Owner under this document agreement are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 (e) To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents 132(3)(d) (contents of statement of account after disposal); section 132(4)(statement 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 section 143 (re-re- instatement of security Agreementagreement). 11.5 (f) The following provisions of the PPS Law; Law being section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner. The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document agreement and the Hirer agrees that the Owner may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 (g) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements agreements prior to the date of this Agreementagreement. 11.7 (h) The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of 275(6)(a)of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 (i) The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of consentof the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreementagreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 (j) The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including hireincluding the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 (k) The Hirer must take all steps including registration under PPS Law as may be required to: (ai) ensure that any security interest arising under or in respect of the sub-sub- hire is enforceable, perfected and otherwise effective under the PPS Law; (bii) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority otherpriority agreed to by the Owner in writing) for the security interest; and (ciii) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 22.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement is provides for a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) (“PPS Law”). References to PPS Law in this Agreement include references to amended, replacement and successor provisions or legislation. 11.2 22.2 The Owner may register any actual impending or likely its security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered interest as a security interestPMSI. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (a) ensuring Ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling Enabling the Owner to gain first priority (or any other priority agreed to by be the Owner in writing) for its security interest; and (c) enabling Enabling the Owner to exercise rights in connection with the security interest. The Owner may recover from the Hirer the cost of doing anything under this clause, including by not limited to registration fees. 11.3 22.3 The rights of the Owner under this document are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 22.4 To the extent that Chapter 4 of PPSA the PPS applies to any the security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4121 (4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3129 (3); section 132(3)(d)(contents 132(3)(d) (contents of statement of account after disposal); section 132(4)(statement 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 section 143 (re-instatement of security Agreementagreement). 11.5 22.5 The following provisions of the PPS Law; Law confer rights on the Owner: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner). The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 22.6 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 57 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 22.7 The Owner and the Hirer agree not to disclose information of the kind that can be requested required under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.this

PPS Law. 11.1 (a) This clause applies to the extent that the Owner’s interest in respect of a hire Hire as provided for in this Agreement agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law”). . (b) References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 (c) The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (ai) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the underthe PPS Law; (bii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and (ciii) enabling the Owner to exercise rights in connection with the security interest. 11.3 (d) The rights of the Owner under this document agreement are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 (e) To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accessionofaccession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents 132(3)(d) (contents of statement of account after disposal); section 132(4)(statement 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 section 143 (re-instatement of security Agreementagreement). 11.5 (f) The following provisions of the PPS Law; Law being section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner. The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document agreement and the Hirer agrees that the Owner may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 (g) The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements agreements prior to the date of this Agreementagreement. 11.7 (h) The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of 275(6)(a)of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 11.8 (i) The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of consentof the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else anyoneelse unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreementagreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 (j) The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including hireincluding the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 (k) The Hirer must take all steps including registration under PPS Law as may be required to: (ai) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (bii) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority otherpriority agreed to by the Owner in writing) for the security interest; and (ciii) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 19.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided this Rental Agreement provides for in this Agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth) (PPS Law”). . 19.2 References to PPS Law in this Rental Agreement include references to amended, replacement and successor provisions or legislationprovisions. 11.2 The Owner 19.3 Nexxis may register any actual impending or likely its security interestinterest as a PMSI. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer Customer must do anything (such as obtaining consents and signing documents) which the Owner Nexxis requires for the purposes of: (a) ensuring that the Owner’s Nexxis’ security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner Nexxis to gain first priority (or any other priority agreed to by the Owner Nexxis in writing) for its security interest; and (c) enabling the Owner Nexxis to exercise rights in connection with the security interest. 11.3 19.4 Nexxis may recover from the Customer the cost of doing anything under this clause, including but not limited to registration fees. 19.5 The rights of the Owner Nexxis under this document are in addition to and not in substitution for the Owner’s Nexxis’ rights under other law (including the PPS Law) and the Owner Nexxis may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 19.6 To the extent that Chapter 4 of PPSA the PPS applies to any the security interest under this Agreementagreement, the following provisions of the PPS Law do not apply andapply, and for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreement).of 11.5 19.7 The following provisions of the PPS Law; Law confer rights on Nexxis: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner). The Hirer Customer agrees that in addition to those rights, the Owner Nexxis shall, if there is default by the HirerCustomer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer Customer agrees that the Owner Nexxis may do so in any manner it sees fit fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 19.8 The Hirer Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements prior to the date of this Agreement. 11.7 The Owner 19.9 Nexxis and the Hirer Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Rental Agreement in this sub-clause is made solely for the purpose purposes of allowing to the Owner Nexxis the benefit of section 275(6)(a) and the Owner Nexxis shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of if Nexxis breaches this sub-clause.. 20. SECURITY INTERESTS AND SUB-HIRE 11.8 20.1 The Hirer Customer must not dispose or purport to dispose ofcreate, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. Nexxis. 20.2 The Hirer Customer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner Nexxis (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner Nexxis and must be expressed to be subject to the rights of the Owner Nexxis under this Rental Agreement. . 20.3 The Hirer Customer may not vary a sub-hire without the prior written consent of the Owner Nexxis (which may be withheld in its absolute discretion). 11.9 20.4 The Hirer Customer must ensure that the Owner Nexxis is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipmentequipment. 11.10 20.5 The Hirer Customer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer Customer to gain (subject always to the rights of the OwnerNexxis) first priority (or any other priority agreed to by the Owner Nexxis in writing) for the security interest; and (c) enabling the Owner Nexxis and the Hirer Customer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreement. The Owner 20.6 Nexxis may recover from the Hirer Customer the cost of doing anything under this clause, including registration fees.

PPS Law. 11.1 This clause applies to the extent that the Owner’s interest in respect of a hire provided for in this Agreement agreement is a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law”). References to PPS Law in this Agreement agreement include references to amended, replacement and successor provisions or legislation. 11.2 The Owner may register any actual impending or likely security interest. The Hirer may not make any Claim against the Owner in respect of any registration even if it is determined that the Owner should not have registered a security interest. The Hirer must do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of: (a) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest; and (c) enabling the Owner to exercise rights in connection with the security interest. 11.3 The rights of the Owner under this document are in addition to and not in substitution for the Owner’s rights under other law (including the PPS Law) and the Owner may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it the Owner’s security interest will attach to proceeds. 11.4 To the extent that Chapter 4 of PPSA applies to any security interest under this Agreementagreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this Agreement agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires the Owner to give a notice to the Hirer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 121(4) (notice of grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires the Owner to give a notice to the Hirer); section 129(2) and 129(3); section 132(3)(d)(contents of statement of account after disposal); section 132(4)(statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section143 (re-instatement of security Agreementagreement). 11.5 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) may, if applicable, confer rights on the Owner. The Hirer agrees that in addition to those rights, the Owner shall, if there is default by the Hirer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document and the Hirer agrees that the Owner may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence. 11.6 The Hirer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. This waiver also extends to any verification statement in respect of security interests arising or provided for under security Agreements agreements prior to the date of this Agreementagreement. 11.7 The Owner and the Hirer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Hirer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The Agreement agreement in this sub-clause is made solely for the purpose of allowing to the Owner the benefit of section 275(6)(a) and the Owner shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-sub- clause. 11.8 The Hirer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of the Owner. The Hirer must not lease, hire, bail or give possession (‘sub-hire’) of the Equipment to anyone else unless the Owner (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to the Owner and must be expressed to be subject to the rights of the Owner under this Agreementagreement. The Hirer may not vary a sub-hire without the prior written consent of the Owner (which may be withheld in its absolute discretion). 11.9 The Hirer must ensure that the Owner is provided at all times with up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 11.10 The Hirer must take all steps including registration under PPS Law as may be required to: (a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (b) enabling the Hirer to gain (subject always to the rights of the Owner) first priority (or any other priority agreed to by the Owner in writing) for the security interest; and (c) enabling the Owner and the Hirer to exercise their respective rights in connection with the security interest. 11.11 To assure performance of its obligations under this Agreementagreement, the Hirer hereby gives the Owner an irrevocable power of attorney to do anything the Owner considers the Hirer should do under this Agreementagreement. The Owner may recover from the Hirer the cost of doing anything under this clause, including registration fees. 11.12 The Hirer must give the Owner at least 30 days’ prior notice of any change in business structure of the Hirer or if it becomes trustee of a trust or a partner in a partnership, together with details of the proposed new structure including any ABN issued to the trust or partnership.