Common use of PPSA Clause in Contracts

PPSA. (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the PPSA. (b) The parties acknowledge that this Agreement may constitute a Security Interest in favour of DMF Engineering Pty Ltd. (c) If DMF Engineering Pty Ltd determines that this Agreement (or a transaction in connection with it) is or contains a Security Interest, the Supplier agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling DMF Engineering Pty Ltd to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; or (iii) enabling DMF Engineering Pty Ltd to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier must notify DMF Engineering Pty Ltd as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property becomes an Accession to DMF Engineering Pty Ltd’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltd’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, of the present location or situation of any of DMF Engineering Pty Ltd’s Personal Property; or (iii) if the Supplier parts with possession of DMF EngineeringPty Ltd’s Personal Property. (f) The Supplier must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltd); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd has an Security Interest in; (iii) give possession of the Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest or DMF Engineering Pty Ltd’s Personal Property to another person except where DMF Engineering Pty Ltd expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltd’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltd’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything the Supplier is required to do under this clause is at the Supplier’s expense. (h) Neither DMF Engineering Pty Ltd nor the Supplier will disclose information of the kind mentioned in section 275(1) of the PPSA and the Supplier will not authorise, and will ensure that no other party authorises, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA.’

PPSA. 13.1. For the purposes of this clause PPSA means the Personal Property Securities Act 2009 (Cth), including any amendments, replacement and successor legislation, and all terms used herein have the same meaning as set out in that Act unless otherwise defined. 13.2. The Client acknowledges and agrees that to the extent that this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted a Security Interest in the Equipment and the proceeds arising in respect of any dealing with the Equipment. 13.3. The Client further agrees that: (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ Equipment supplied FMS secures the payment of the Equipment and ‘Verification Statement’ have the meanings given to them in the PPSA.any other Equipment supplied by FMS; (b) The parties acknowledge that this Agreement may constitute it will not register a Financing Change Statement in respect of a Security Interest in favour of DMF Engineering Pty Ltd.contemplated or constituted by this Agreement without FMS’s prior written consent; (c) If DMF Engineering Pty Ltd determines that this Agreement (it will not register or permit to be registered a transaction in connection with it) is or contains a Security Interest, the Supplier agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling DMF Engineering Pty Ltd to apply for any registration, complete any Financing Statement or give any notification, Financing Change Statement in connection with relation to the Security Interest; or (iii) enabling DMF Engineering Pty Ltd to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier must notify DMF Engineering Pty Ltd as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property becomes an Accession to DMF Engineering Pty Ltd’s Personal Property and is subject to a Security Interest Equipment in favour of a third partyparty without FMS’s prior written consent; (iid) if any of DMF Engineering Pty Ltd’s Personal Property that the Equipment provided under this Agreement is located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, collateral for the purposes of the present location or situation of any of DMF Engineering Pty Ltd’s Personal Property; orPPSA; (iiie) if that this Agreement is a Security Agreement for the Supplier parts with possession purposes of DMF EngineeringPty Ltd’s Personal Property.the PPSA; (f) The Supplier must not:it will do all the things necessary including providing all information FMS requires to register a Financing Statement or Financing Change Statement (as defined under the PPSA) on the PPS Register (‘PPSR’) as a Security Interest pursuant to the PPSA; (g) it will not change its name, ACN or ABN or other details required on the PPSR, without first notifying FMS; (h) it waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of the Security Interest created pursuant to these terms and conditions; (i) create it must pay FMS’s costs of any Security Interest discharge or lien over necessary amendment of any Personal Property that DMF Engineering Pty Ltd has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltd)Financing Statement or Financing Change Statement; (iij) sell, lease or dispose of its interest unless otherwise agreed in Personal Property that DMF Engineering Pty Ltd has an Security Interest in; (iii) give possession of writing the Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest or DMF Engineering Pty Ltd’s Personal Property parties hereto agree not to another person except where DMF Engineering Pty Ltd expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltd’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltd’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything the Supplier is required to do under this clause is at the Supplier’s expense. (h) Neither DMF Engineering Pty Ltd nor the Supplier will disclose information of the kind mentioned referred to in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Supplier will not authorise, and will ensure that no other party authorises, Client waives any right it may have but for this clause under section 275(7)(c) of the PPSA to authorise the disclosure of such the above information; and (k) in the event that an Agreement is not executed by the Client, the delivery and use of the Equipment by the Client, or the delivery and operation of the Equipment by FMS shall constitute adoption or acceptance by the Client of the terms and conditions set out in the proposed Agreement. 13.4. This clause does not prevent disclosure where such disclosure is The Client consents to FMS affecting and maintaining a registration on the Register (in any manner it considers appropriate) in relation to any Security Interest contemplated or constituted by this Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipment. 13.5. The Client agrees to sign any documents and provide all assistance and information to FMS required under section 275 to facilitate the registration and maintenance of any Security Interest. 13.6. Section 115(1) of the PSSA allows for the contracting out of provisions of the PPSA because and to the maximum extent permitted by law, the Client agrees that the following sections of the operation PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of section 275(7) (bthe PSSA allows for the contracting out of provisions of the PPSA and to the maximum extent permitted by law, you waive any rights you may have pursuant to, and hereby contract out of the following sections of the PPSA: Sections 127, 129(2), 132, 134(2), 135, 136(3), (d4) and (e5) of the PPSAand 137.’

PPSA. (a) In The Parties agree and acknowledge that where the Vehicle or Equipment is: (i) Commercial" type collateral for the purposes of the PPSA, then by virtue of this clauseAgreement: (A) for the purposes of the hire or bailment of the Vehicle and Equipment: (I) title to the Vehicle and the Equipment remains with the Company at all times, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘and (II) is not a PPS Lease Security Interest’ , unless and ‘Verification Statement’ have until the meanings given Hirer has held substantially uninterrupted possession of such Vehicle and/or Equipment for more than 2 years; and/or (B) for the purposes of the sale of any goods by the Company to them the Hirer: (I) title to such goods remains with the Company at all times, until all obligations (including payment of all monies owed on any account to the Company), are discharged in full; and (II) a Security Interest is granted by the Hirer to the Company under the PPSA in the goods; and (ii) Consumer" type collateral for the purposes of the PPSA, then the hire or bailment of the Vehicle and Equipment is not a PPS Lease Security Interest, unless and until the Hirer has held substantially uninterrupted possession of such Vehicle and/or Equipment for 2 years. (b) The parties acknowledge that this Agreement may constitute Hirer must not otherwise, grant a Security Interest or lien in, or otherwise encumber, the Vehicle, the Equipment or the goods in favour of DMF Engineering Pty Ltd.any way. (c) If DMF Engineering Pty Ltd determines that this Agreement (or the Hirer makes a transaction payment to the Company at any time whether in connection with it) is the supply of goods or contains otherwise, the Company may apply that payment to first satisfy obligations that are not secured, then obligations that are secured, but not by a Purchase Money Security Interest, in the Supplier agrees to order in which those obligations were incurred, and then obligations that are secured by a Purchase Money Security Interest in the order in which those obligations were incurred. (d) The Company may register its Security Interest on the PPSR. (e) The Hirer must do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd asks and considers necessary the Company requires for the purposes of: (i) ensuring that the Company's or any related or associated party's Security Interest is enforceable, perfected and otherwise effectiveeffective under the PPSA; (ii) enabling DMF Engineering Pty Ltd the Company or any related or associated party to apply gain priority for any registration, complete any Financing Statement or give any notification, in connection with the its Security Interest; orand (iii) enabling DMF Engineering Pty Ltd the Company or any related or associated party to exercise its rights in connection with the its Security Interest. (d) DMF Engineering Pty Ltd is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier must notify DMF Engineering Pty Ltd as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property becomes an Accession to DMF Engineering Pty Ltd’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltd’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, of the present location or situation of any of DMF Engineering Pty Ltd’s Personal Property; or (iii) if the Supplier parts with possession of DMF EngineeringPty Ltd’s Personal Property. (f) The Supplier must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd has an interest in (other than Security Interests granted in favour Company may recover from the Hirer the cost of DMF Engineering Pty Ltd); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd has an Security Interest in; (iii) give possession of doing anything under this Clause 18 including but not limited to the Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest or DMF Engineering Pty Ltd’s Personal Property to another person except where DMF Engineering Pty Ltd expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltd’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltd’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place payment of registration or incorporationfees. (g) Everything the Supplier is required to do The Company's rights under this clause is at Agreement are in addition to and not in substitution for its rights under any other law and the Supplier’s expenseCompany may choose whether to exercise rights under this Agreement or under other law as it sees fit. (h) Neither DMF Engineering Pty Ltd nor The Hirer waives the Supplier right to receive a copy of any verification statement confirming registration of a Financing Statement or Financing Change Statement relating to the Security Interests under this Agreement. (i) The Hirer agrees that the Hirer and the Company expressly contract out of and nothing in the provisions of Sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA will apply to this Agreement. (j) The Hirer hereby consents and appoints the Company to be an Interested Person and the Hirer’s authorised representative for the purposes of Section 275(9) PPSA. (k) Both the Hirer and the Company agree not to disclose information of the kind mentioned that can be requested under Section 275(1) of the PPSA. The Hirer must do everything necessary on their part to ensure that Section 275(6)(a) of the PPSA continues to apply. The agreement by the parties in section 275(1this subclause is made solely for the purposes of allowing the Company the benefit of Section 275(6)(a) of the PPSA and the Supplier will Company shall not authorisebe liable to pay damages or any other compensation or be subject to injunction if it breaches this subclause. (l) The parties agree that in addition to any other means permitted by law, and will ensure that no other party authorisesany documents, notifications or Court proceedings may be given or served upon the Hirer, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required Hirer’s successors and permitted assignees in the same manner as any notice or document may be given under section 275 Part 8.5 of the PPSA because and will be deemed so given or served if done so in such manner. (m) The parties agree that the benefit of this Agreement and the operation Security Interest/s created hereunder may be assigned by the Company, but not by the Hirer. (n) The Hirer adopts these terms by taking or continuing possession of section 275(7any goods (including any Vehicle or Equipment) (b), (d) and (e) subsequent to receiving a copy of the PPSAthese terms.’

PPSA. (a) In This clause applies to the extent that the Personal Property Securities ▇▇▇ ▇▇▇▇ (“PPSA”) operates in relation to any “security interest” (as defined in PPSA) under this clause, Agreement. (b) This document constitutes a security agreement in writing covering the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have Equipment for the meanings given to them in purposes of the PPSA. (bc) The parties acknowledge Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that this Agreement may constitute a Security Interest in favour it can be under section 16 of DMF Engineering Pty Ltd.the PPSA. (cd) If DMF Engineering Pty Ltd determines The Hirer agrees, in addition, to the extent possible under PPSA, that all Equipment which is at any time subject to the Owner’s security interest, secures as a PMSI the interest of the Owner as either ▇▇▇▇▇▇ or Lessor (as the circumstances dictate) of all Equipment supplied to the Hirer. This does not limit what other amounts are secured under this Agreement Agreement. (or a transaction in connection with ite) is or contains a Security Interest, the Supplier The Hirer agrees to do anything (including such as obtaining consents, consents and signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd asks and considers necessary the Owner requires for the purposes of: (i) ensuring that the Security Interest Owner’s security interest is enforceable, perfected and otherwise effectiveeffective under the PPSA; (ii) enabling DMF Engineering Pty Ltd the Owner to apply gain first priority (or any other priority agreed to by the Owner in writing) for any registrationits security interest, complete any Financing Statement or give any notification, in connection with the Security Interest; orand (iii) enabling DMF Engineering Pty Ltd the Owner to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier must notify DMF Engineering Pty Ltd as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property becomes an Accession to DMF Engineering Pty Ltd’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltd’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, of the present location or situation of any of DMF Engineering Pty Ltd’s Personal Property; or (iii) if the Supplier parts with possession of DMF EngineeringPty Ltd’s Personal Propertysecurity interest. (f) The Supplier must notOwner’s rights under this Agreement are in addition to and not in substitution for the Owner’s rights under any other law (including PPSA) and the Owner may choose whether to exercise rights under this Agreement, or under such other law, as it chooses. (g) The following provisions of the PPSA do not apply and, for the purposes of section 107 are “contracted out” of this Agreement in respect of the Equipment: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd has sections 125 (right not to have goods damaged when Owner removes accession), 126 (right not to be reimbursed for damaged caused when Owner removes accession), 127 (Hirer’s right to refuse permission to remove an interest in accession), 129 (other than Security Interests granted in favour notice of DMF Engineering Pty Ltdremoval of accession to the extent it requires the Owner to give a notice to the Hirer) ; section 114(a)(1) (notice of sale of collateral to the extent it requires the Owner to give a notice to the Hirer);; section 116 (Hirer’s right to receive a statement of account if collateral sold by the Owner); section 120(2) (notice of retention); and section 133 (re- instatement of security contract); and (ii) sellin relation to section 109 (secured party may take possession of and sell collateral), lease and section 120 (retention of collateral), the Hirer agrees that in addition to the Owner’s rights under PPSA, the Owner shall have the power to retain, deal with or dispose of its interest any Equipment in Personal Property that DMF Engineering Pty Ltd has an Security Interest in;the manner specified in those sections but also under this Agreement in any other manner it deems fit (subject to any rights of third parties). (iiih) give possession The Hirer waives its rights to receive a verification statement under section 148 of the Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest PPSA. Equipment or DMF Engineering Pty Ltd’s Personal Property the use of it and will observe all the provisions of any statute, regulation or by-law relating to another person except where DMF Engineering Pty Ltd expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltd’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltd’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporationEquipment. (g) Everything Not to use or operate or permit the Supplier Equipment to be used or operated when not in proper repair or (if the Equipment is required to do under this clause be registered, licensed, insured or the subject of a permit during its use or operation) when it is at unregistered, unlicensed, uninsured or not the Supplier’s expensesubject of a permit. (h) Neither DMF Engineering Pty Ltd nor To promptly give notice to the Supplier will disclose information Owner of the kind mentioned in section 275(1) occurrences of any event of default or any event which with the PPSA and passing of time or the Supplier will not authorisegiving of notice, and will ensure that no other party authorisesof both, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSAmight constitute an Event or Default.’

PPSA. (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the PPSA. (b) The parties acknowledge that this Agreement Contract may constitute a Security Interest in favour of DMF Engineering Pty Ltd.the Principal. (c) If DMF Engineering Pty Ltd the Principal determines that this Agreement Contract (or a transaction in connection with it) is or contains a Security Interest, the Supplier Contractor agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd the Principal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling DMF Engineering Pty Ltd the Principal to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; or; (iii) enabling DMF Engineering Pty Ltd the Principal to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd the Principal is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier Contractor must notify DMF Engineering Pty Ltd the Principal as soon as the Supplier Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltdthe Principal’s Personal Property becomes an Accession to DMF Engineering Pty Ltdthe Principal’s Personal Property and is andis subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltdthe Principal’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltdbythe Principal, of the present location or situation of any of DMF Engineering Pty Ltdthe Principal’s Personal Property; or (iii) if the Supplier Contractor parts with possession of DMF EngineeringPty Ltdthe Principal’s Personal Property. (f) The Supplier Contractor must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd the Principal has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltdthe Principal); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd the Principal has an a Security Interest in; (iii) give possession of the SupplierContractor’s Personal Property that DMF Engineering Pty Ltd the Principal has a Security Interest or DMF Engineering Pty Ltdthe Principal’s Personal Property to another person except where DMF Engineering Pty Ltd the Principal expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltdthe Principal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltdthe Principal’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd the Principal 15 Business Days Days’ notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything the Supplier Contractor is required to do under this clause is at the SupplierContractor’s expense. (h) Neither DMF Engineering Pty Ltd the Principal nor the Supplier Contractor will disclose information of the kind mentioned in section 275(1) of the PPSA and the Supplier Contractor will not authorise, and will ensure that no other party authorises, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA.’’ 9 Safety and environment (a) The Contractor must perform its obligations with due regard for the health and safety of all persons and the protection of environment and must take all precautions necessary to protect the health and safety of all persons and the environment. (b) While carrying out Services or performing Delivery at the Site, the Contractor must, and must ensure that its employees, agents and the Contractors: (i) attend any inductions the Principal requires before they enter the Site or before they use any plant or equipment at the Site, as determined by the Principal; (ii) comply with all applicable policies and procedures of the Principal and the Site in relation to health, safety and the environment, as well any plans the Principal may require the Contractor to prepare; (iii) comply with all directions issued by the Principal or any other authorised Site supervisor; and (iv) cooperate with others carrying out work at the Site and coordinate its work with the work of others so as to avoid disruption to others. (c) The Contractor must immediately advise the Principal, and provide it with a written report, if: (i) the Contractor reasonably believes that any part of the Site or any plant or equipment at the Site is unsafe; (ii) any person engages in work practices that are likely to put safety, health or the environment at risk; or (iii) an incident or accident occurs. (d) Entry to the Site by the Contractor and the Contractor’s employees, agents and the Contractors is at their own risk and the Principal is not responsible for any loss or damage suffered by the Contractor and the Contractor’s employees, agents and the Contractors while on the Site or any other place provided by the Principal in connection with the Goods or the Services. (e) The Contractor must, at its cost, immediately and permanently remove from the Site any person the Principal considers (in its absolute discretion) is behaving in an unsafe or offensive manner.

PPSA. (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the PPSA. (b) The parties acknowledge that this Agreement Contract may constitute a Security Interest in favour of DMF Engineering Pty Ltd.the Principal. (c) If DMF Engineering Pty Ltd the Principal determines that this Agreement Contract (or a transaction in connection with it) is or contains a Security Interest, the Supplier Contractor agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd the Principal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling DMF Engineering Pty Ltd the Principal to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; or; (iii) enabling DMF Engineering Pty Ltd the Principal to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd the Principal is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier Contractor must notify DMF Engineering Pty Ltd the Principal as soon as the Supplier Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltdthe Principal’s Personal Property becomes an Accession to DMF Engineering Pty Ltdthe Principal’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltdthe Principal’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltdthe Principal, of the present location or situation of any of DMF Engineering Pty Ltdthe Principal’s Personal Property; or (iii) if the Supplier Contractor parts with possession of DMF EngineeringPty Ltdthe Principal’s Personal Property. (f) The Supplier Contractor must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd the Principal has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltdthe Principal); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd the Principal has an a Security Interest in; (iii) give possession of the SupplierContractor’s Personal Property that DMF Engineering Pty Ltd the Principal has a Security Interest or DMF Engineering Pty Ltdthe Principal’s Personal Property to another person except where DMF Engineering Pty Ltd the Principal expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltdthe Principal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltdthe Principal’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd the Principal 15 Business Days Days’ notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything the Supplier Contractor is required to do under this clause is at the SupplierContractor’s expense. (h) Neither DMF Engineering Pty Ltd the Principal nor the Supplier Contractor will disclose information of the kind mentioned in section 275(1) of the PPSA and the Supplier Contractor will not authorise, and will ensure that no other party authorises, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA.’

PPSA. (13.1 For the purposes of this clause: a) In this clause, the following words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings meaning given to them in the Personal Property Securities Act 2009 (Cth) (PPSA): Accession, Commingled, Financing Statement, Fixture, Personal Property, Proceeds, Purchase Money Security Interest, Security Interest, Serial Number and Verification Statement; b) ‘PPSA Information’ means any information or documents (including copies of such documents), which are in existence or may be entered into in the future, of the kind mentioned in section 275(1) PPSA; and c) ‘Hired Equipment’ means any Equipment, goods or equipment hired by the Customer from the Owner under the terms of this Hire Agreement. (b) 13.2 The parties acknowledge that the supply of the Hired Equipment under this Hire Agreement may constitute constitutes a Security Interest (which may be a Purchase Money Security Interest) in the Hired Equipment (and any Proceeds in relation to the Equipment) in favour of DMF Engineering Pty Ltd.the Owner. (c) If DMF Engineering Pty Ltd determines that this Agreement (or a transaction in connection with it) is or contains a Security Interest, the Supplier 13.3 The Customer agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd the Owner asks and considers necessary for the purposes of: (ia) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (iib) enabling DMF Engineering Pty Ltd the Owner to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; orand (iiic) enabling DMF Engineering Pty Ltd the Owner to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd 13.4 The Owner is not required to give any notice notice, and the Customer waives its rights to receive any notice, under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) 13.5 The Supplier Customer must notify DMF Engineering Pty Ltd the Owner as soon as the Supplier Customer becomes aware of any of the following: (ia) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property the Hired Equipment becomes an Accession to DMF Engineering Pty Ltd’s Personal Property the Hired Equipment and is subject to a Security Interest in favour of a third party; (iib) if any of DMF Engineering Pty Ltdthe Hired Equipment or Owner’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltdthe Owner, of the present location or situation of any of DMF Engineering Pty Ltd’s Personal Propertythe Hired Equipment; or (iiic) if the Supplier Customer parts with possession of DMF EngineeringPty Ltd’s Personal Propertythe Hired Equipment. (f) 13.6 The Supplier Customer must notnot without the Owner’s prior written consent: (ia) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd the Owner has an interest in in, including the Hired Equipment (other than Security Interests granted in favour of DMF Engineering Pty Ltdthe Owner); (iib) sell, lease or dispose change any Serial Number in respect of its interest in Personal Property that DMF Engineering Pty Ltd has an Security Interest inany Hired Equipment without first notifying the Owner; (iii) give possession of the Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest or DMF Engineering Pty Ltd’s Personal Property to another person except where DMF Engineering Pty Ltd expressly authorises it to do so; (ivc) permit any of DMF Engineering Pty Ltd’s Personal Property the Hired Equipment to become an Accession to, Commingled with, or a Fixture to or Commingled with any asset or real property that is not part of a site within DMF Engineering Pty Ltdthe Owner’s ownership other Personal Property or controlreal property; or (vd) change its name without first giving DMF Engineering Pty Ltd the Owner 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything 13.7 If the Supplier is required Customer fails to do comply with any obligation under this clause Hire Agreement then without limiting the remedies available to the Owner: a) upon request by the Owner, the Customer must return the Hired Equipment to the Owner; b) the Customer authorises the Owner and any person authorised by the Owner to enter premises where the Hired Equipment is at located to take possession of the Supplier’s expenseHired Equipment; and c) the Owner may retain, sell or otherwise dispose of the Hired Equipment. (h) Neither DMF Engineering Pty Ltd nor 13.8 The Owner agrees to the Supplier will disclose information of extent permitted under the kind mentioned in section 275(1) of the PPSA and the Supplier will not authorise, and will ensure that no other party authorisesPPSA, the disclosure Customer waives its rights: a) to receive notice of such information. This clause does not prevent disclosure where such disclosure is required removal of an Accession under section 275 of the PPSA because of the operation of section 275(7PPSA; and b) (b), (d) and (e) under Chapter 4 of the PPSA.’ 13.9 Each party agrees to keep the PPSA Information in strict confidence and not disclose that information, except in circumstances required by sections 275(7)(b) or (e) PPSA, provided that where sections 275(7)(b) or (e) require such disclosure, the party that is required to disclose the information gives all available notice to the other party to allow that party to legally challenge the required disclosure and takes all available steps (whether required by the other party or not) to maintain such PPSA Information in confidence. 13.10 Each party agrees not to authorise the disclosure of any PPSA Information to any third party pursuant to section 275(7)(c) PPSA or request information under section 275(7)(d) PPSA unless the other party to this document explicitly agrees.

PPSA. (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the PPSA. (b) The parties acknowledge that this Agreement may constitute If a Security Interest in favour of DMF Engineering Pty Ltd. (c) If DMF Engineering Pty Ltd determines that this Agreement Loan Document or Disclosed Sublease (or a transaction in connection with it) is or contains a PPSA Security Interest for the purposes of the PPSA (and the PPSA applies to that PPSA Security Interest), the Supplier each Loan Party agrees to do (and shall procure that any Disclosed Sublessee shall do) anything (including but not limited to obtaining consents, signing and producing documents, getting procuring that documents are completed and signed and supplying information) within its reasonable control and which DMF Engineering Pty Ltd asks the Collateral Agent requests and reasonably considers necessary for the purposes of: (i) ensuring that the PPSA Security Interest is enforceable, perfected and otherwise effective;; or (ii) enabling DMF Engineering Pty Ltd the Collateral Agent to apply for any registration, complete any Financing Statement financing statement or give any notification, in connection with the PPSA Security Interest; or (iii) enabling DMF Engineering Pty Ltd the Collateral Agent to exercise rights in connection with the PPSA Security Interest. (b) Each Loan party agrees to cause any financing statements required of it pursuant to this section to be registered at such times as reasonably directed by the Collateral Agent. (c) Unless otherwise provided, all costs and expenses of the Collateral Agent pursuant to the requirements of this Section shall be at the Loan Parties’ expense and the Loan parties agree to pay or reimburse the reasonable costs of the Collateral Agent in connection therewith. (d) DMF Engineering Pty Ltd is The Collateral Agent need not required to give any notice under the PPSA (including a notice of a Verification Statementverification statement) unless the notice is required by the PPSA and the requirement to give it cannot be given (even though the parties have waived the right to receive notice)excluded or has not been excluded by this section. (e) The Supplier Loan Parties and the Collateral Agent agree that each the Collateral Agent and the Loan Parties Obligor and the Security Trustee are not required to, and must notify DMF Engineering Pty Ltd as soon as not without the Supplier becomes aware of other party’s consent, disclose any information of the following: (ikind referred to in section 275(4) if any Personal Property which does not form part of DMF Engineering Pty Ltd’s Personal Property becomes an Accession to DMF Engineering Pty Ltd’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltd’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, of the present location or situation Australian PPSA unless section 275(7) of any of DMF Engineering Pty Ltd’s Personal Property; or (iii) if the Supplier parts with possession of DMF EngineeringPty Ltd’s Personal PropertyAustralian PPSA applies. (f) The Supplier must not: (i) create any Security Interest If a Loan Party is requested or lien over any Personal Property that DMF Engineering Pty Ltd has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltd); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd has an Security Interest in; (iii) give possession of the Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest or DMF Engineering Pty Ltd’s Personal Property to another person except where DMF Engineering Pty Ltd expressly authorises it required to do so; (iv) permit any of DMF Engineering Pty Ltdanything under this section by the Collateral Agent, it will be at the Loan Party’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltd’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporationcost. (g) Everything Each Loan Party agrees that the Supplier is required to do under this clause is at the Supplier’s expense. (h) Neither DMF Engineering Pty Ltd nor the Supplier will disclose information following provisions of the kind mentioned in section 275(1) of Australian PPSA do not apply to the Loan Documents to the extent that the PPSA and permits the Supplier will not authorise, and will ensure that no other party authorises, the disclosure parties to contract out of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of provisions: (i) Section 95 to the PPSA because of extent that it requires a secured party to give a notice to a grantor (ii) Section 96; (iii) Section 121(4); (iv) Section 125; (v) Section 130 to the operation of section 275(7extent it requires a secured party to give notice to a grantor; (vi) Section 132(3)(d); (bvii) Section 132(4), ; (dviii) Section 142; and (eix) of the PPSASection 143.’

PPSA. (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the PPSA. (b) The parties acknowledge that this Agreement may constitute a Security Interest in favour of DMF Engineering Pty Ltd.Delta Coal. (c) If DMF Engineering Pty Ltd Delta Coal determines that this Agreement (or a transaction in connection with it) is or contains a Security Interest, the Supplier agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd Delta Coal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling DMF Engineering Pty Ltd Delta Coal to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; or (iii) enabling DMF Engineering Pty Ltd Delta Coal to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd Delta Coal is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier must notify DMF Engineering Pty Ltd Delta Coal as soon as the Supplier becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty LtdDelta Coal’s Personal Property becomes an Accession to DMF Engineering Pty LtdDelta Coal’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty LtdDelta Coal’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty LtdDelta Coal, of the present location or situation of any of DMF Engineering Pty LtdDelta Coal’s Personal Property; or (iii) if the Supplier parts with possession of DMF EngineeringPty LtdDelta Coal’s Personal Property. (f) The Supplier must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd Delta Coal has an interest in (other than Security Interests granted in favour of DMF Engineering Pty LtdDelta Coal); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd Delta Coal has an Security Interest in; (iii) give possession of the Supplier’s Personal Property that DMF Engineering Pty Ltd Delta Coal has a Security Interest or DMF Engineering Pty LtdDelta Coal’s Personal Property to another person except where DMF Engineering Pty Ltd Delta Coal expressly authorises it to do so; (iv) permit any of DMF Engineering Pty LtdDelta Coal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty LtdDelta Coal’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd Delta Coal 15 Business Days notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything the Supplier is required to do under this clause is at the Supplier’s expense. (h) Neither DMF Engineering Pty Ltd Delta Coal nor the Supplier will disclose information of the kind mentioned in section 275(1) of the PPSA and the Supplier will not authorise, and will ensure that no other party authorises, the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA.’

PPSA. (a) In this clause, the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property’, ‘Proceeds’, ‘Security Interest’ and ‘Verification Statement’ have the meanings given to them in the PPSA. (b) The parties acknowledge that this Agreement may constitute a Security Interest in favour of DMF Engineering Pty Ltd.the Principal. (c) If DMF Engineering Pty Ltd the Principal determines that this Agreement (or a transaction in connection with it) is or contains a Security Interest, the Supplier Contractor agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which DMF Engineering Pty Ltd the Principal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling DMF Engineering Pty Ltd the Principal to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; or (iii) enabling DMF Engineering Pty Ltd the Principal to exercise rights in connection with the Security Interest. (d) DMF Engineering Pty Ltd The Principal is not required to give any notice under the PPSA (including notice of a Verification Statement) unless the notice is required by the PPSA to be given (even though the parties have waived the right to receive notice). (e) The Supplier Contractor must notify DMF Engineering Pty Ltd the Principal as soon as the Supplier Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of DMF Engineering Pty Ltdthe Principal’s Personal Property becomes an Accession to DMF Engineering Pty Ltdthe Principal’s Personal Property and is subject to a Security Interest in favour of a third party; (ii) if any of DMF Engineering Pty Ltdthe Principal’s Personal Property is located or situated outside Australia or, upon request by DMF Engineering Pty Ltdthe Principal, of the present location or situation of any of DMF Engineering Pty Ltdthe Principal’s Personal Property; or (iii) if the Supplier Contractor parts with possession of DMF EngineeringPty Ltdthe Principal’s Personal Property. (f) The Supplier Contractor must not: (i) create any Security Interest or lien over any Personal Property that DMF Engineering Pty Ltd the Principal has an interest in (other than Security Interests granted in favour of DMF Engineering Pty Ltdthe Principal); (ii) sell, lease or dispose of its interest in Personal Property that DMF Engineering Pty Ltd the Principal has an Security Interest in; (iii) give possession of the SupplierContractor’s Personal Property that DMF Engineering Pty Ltd the Principal has a Security Interest or DMF Engineering Pty Ltdthe Principal’s Personal Property to another person except where DMF Engineering Pty Ltd the Principal expressly authorises it to do so; (iv) permit any of DMF Engineering Pty Ltdthe Principal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within DMF Engineering Pty Ltdthe Principal’s ownership or control; or (v) change its name without first giving DMF Engineering Pty Ltd the Principal 15 Business Days Days’ notice of the new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) Everything the Supplier Contractor is required to do under this clause is at the SupplierContractor’s expense. (h) Neither DMF Engineering Pty Ltd the Principal nor the Supplier Contractor will disclose information of the kind mentioned in section 275(1) of the PPSA and the Supplier Contractor will not authorise, and will ensure that no other party authorises, authorises the disclosure of such information. This clause does not prevent disclosure where such disclosure is required under section 275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA.’