Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. 2009 (“PPSA”) 5.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client to the Contractor for Works – that have previously been supplied and that will be supplied in the future by the Contractor to the Client. 5.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 5.3(a)(i) or 5.3(a)(ii). (b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales. 5.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 5.3 to 5.5. 5.9 Subject to any express provisions to the contrary (including those contained in this clause 5), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 14.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in in: (a) all Materials and/or collateral (account) – being a monetary obligation of the Client Documentation previously supplied by AESG to the Contractor for Works – that have previously been supplied and that Client; (b) all Documentation will be supplied in the future by AESG to the Contractor Client; and (c) all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to AESG for Services – that have previously been provided and that will be provided in the future by AESG to the Client. 5.3 14.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor AESG may reasonably require to:; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or or (iii) correct a defect in a statement referred to in clause 5.3(a)(i14.3(a)(i) or 5.3(a)(ii14.3(a)(ii).; (b) indemnify, and upon demand reimburse, the Contractor AESG for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials Documentation charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the ContractorAESG; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) Documentation in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such salesAESG. 5.4 The Contractor 14.4 AESG and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 14.5 The Client hereby waives its their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 14.6 The Client waives its their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 14.7 Unless otherwise agreed to in writing by the Contractor▇▇▇▇, the Client waives its their right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 14.8 The Client shall must unconditionally ratify any actions taken by the Contractor AESG under clauses 5.3 14.3 to 5.514.5. 5.9 14.9 Subject to any express provisions to the contrary (including those contained in this clause 514), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 14.1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 14.2. Upon assenting to these terms and conditions Terms in writing the Client Customer or Distributor acknowledges and agrees that these terms and conditions Terms: a) constitute a security agreement for the purposes of the PPSA and creates PPSA; and b) create a security interest in in: 1) all Materials and/or Products and /or collateral (account) – being a monetary obligation of the Client Customer or Distributor to the Contractor for Works Supplier previously supplied (sold or otherwise) by the Supplier to the Customer or Distributor (if any); and 2) all Products and /or collateral (account) – that have previously been supplied and being a monetary obligation of the Customer or Distributor to the Supplier that will be supplied (sold or otherwise) in the future by the Contractor Supplier to the ClientCustomer. 5.3 14.3. Upon assenting to Terms in writing the Customer or Distributor acknowledges and agrees that these Terms: 14.4. The Client Customer or Distributor undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor Supplier may reasonably require to: (i1) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii2) register any other document required to be registered by the PPSA; or (iii; 3) correct a defect in a statement referred to in clause 5.3(a)(i14.1; and/or 4) or 5.3(a)(ii)comply with section 275 of the PPSA. (b) indemnify, and upon demand reimburse, the Contractor Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials Products charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the ContractorSupplier; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) Products in favour of a third party without the prior written consent of the Contractor;Supplier; and (e) immediately advise the Contractor Supplier of any material change in its business practices of selling the Materials Products which would result in a change in the nature of proceeds derived from such sales. 5.4 14.5. The Contractor Supplier and the Client Customer or Distributor agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditionsTerms. 5.5 14.6. The Client Customer or Distributor hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 14.7. The Client Customer or Distributor waives its rights as a grantor and/or a debtor an Amount Owing or under sections 142 and 143 of the PPSA. 5.7 14.8. Unless otherwise agreed to in writing by the ContractorSupplier, the Client Customer or Distributor waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 14.9. The Client Customer or Distributor shall unconditionally ratify any actions taken by the Contractor Supplier under clauses 5.3 14.3 to 5.514.7. 5.9 Subject 14.10. The Customer or Distributor must not dispose or purport to dispose of, or create or purport to create or permit to create any security interest in the Products other than with the express provisions to the contrary (including those contained in this clause 5), nothing in these terms and conditions is intended to have the effect of contracting out of any written consent of the provisions of the PPSASupplier.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 Upon assenting to these terms and conditions in writing the a) The Client acknowledges and agrees that these terms and conditions constitute this Agreement: (i) constitutes a security agreement for the purposes of the PPSA and creates PPSA; and (ii) create a security interest in in: (A) all Materials and/or collateral (account) – being a monetary obligation of the Client Equipment previously supplied by ENAP to the Contractor for Works – that have previously been supplied and client (if any); (B) all Equipment that will be supplied in the future by the Contractor ENAP to the Client; (C) the proceeds of sale of all Equipment (whether already supplied or to be supplied) by the Client; and (D) all present and after acquired personal property of the Client, to secure payment of all monies (including but not limited to the price payable for the Equipment and any interest) owing by the Client to ENAP from time to time under this Agreement and under any other agreement or arrangement between the Client and ENAP. 5.3 (b) The Client undertakes to: (ai) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor ENAP may reasonably require to: (iA) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Registerregister and otherwise do all things necessary and required by ENAP to ensure that any security interest registered by ENAP is a perfected security interest under the PPSA; (iiB) register any document on any register reasonably necessary to secure ENAP’s interest under this Agreement; (C) register any other document required to be registered by under the PPSA; or or (iiiD) correct a defect in a statement referred to in clause 5.3(a)(iclauses 14(b)(i)(A), 14(b)(i)(B) or 5.3(a)(ii14(b)(i)(C).; (bii) indemnify, and upon demand reimburse, the Contractor ENAP for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA register or releasing any Materials charged therebyEquipment that are the subject of a security interest; (ciii) not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest interest, without the prior written consent of the Contractor;ENAP; and (div) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) Equipment in favour of a third party without the prior written consent of the Contractor;ENAP; and (ev) immediately advise the Contractor ENAP of any material change in its business practices of selling the Materials Equipment which would may result in a change in the use of the Equipment by the Client or in the nature of proceeds derived from such salesthe sale of the Equipment. 5.4 (c) The Contractor Client and the Client ENAP agree that sections 96, 115 96 and 125 of the PPSA do not apply to the security agreement interest created by these terms and conditionsthis Agreement. 5.5 (d) The Client hereby waives its rights to receive notices notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 The Client waives PPSA and its rights as a grantor and/or a debtor customer under sections 142 and 143 of the PPSA. 5.7 (e) Unless otherwise agreed to in writing by the ContractorENAP, the Client waives its waive the Client’s right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 (f) The Client shall unconditionally ratify ratifies any actions taken by the Contractor ENAP under clauses 5.3 14(c) to 5.514(e). 5.9 Subject to any express (g) The provisions to the contrary (including those contained in of this clause 5)14 will survive termination of this Agreement or any other agreement between ENAP and the Client for the sale of Equipment, nothing in these terms for whatever reason. (h) For the purposes of this clause 14 the expressions, “financing statement”, “financing change statement”, “register”, “Registrar”, “security agreement”, “security interest”, “perfected security interest” and conditions is intended to “verification statement” have the effect of contracting out of any of meanings given to them under, or in the provisions context of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 9.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in in: (a) all Materials and/or collateral (account) – being a monetary obligation of the Client Incidental Items previously supplied by Mouldmen to the Contractor for Works – that have previously been supplied and that Client; (b) all Incidental Items will be supplied in the future by Mouldmen to the Contractor Client; and (c) all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to Mouldmen for Services – that have previously been provided and that will be provided in the future by Mouldmen to the Client. 5.3 9.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor Mouldmen may reasonably require to:; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;Register;‌ (ii) register any other document required to be registered by the PPSA; or or (iii) correct a defect in a statement referred to in clause 5.3(a)(i9.3(a)(i) or 5.3(a)(ii9.3(a)(ii).; (b) indemnify, and upon demand reimburse, the Contractor Mouldmen for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials Incidental Items charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the ContractorMouldmen; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) Incidental Items in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such salesMouldmen. 5.4 The Contractor 9.4 Mouldmen and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 9.5 The Client hereby waives its their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 9.6 The Client waives its their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 9.7 Unless otherwise agreed to in writing by the ContractorMouldmen, the Client waives its their right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 9.8 The Client shall must unconditionally ratify any actions taken by the Contractor Mouldmen under clauses 5.3 9.3 to 5.59.5. 5.9 9.9 Subject to any express provisions to the contrary (including those contained in this clause 5), 9) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 10.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 10.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client to the Contractor for Works – that have previously been supplied and that will be supplied in the future by the Contractor to the Client. 5.3 10.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or or (iii) correct a defect in a statement referred to in clause 5.3(a)(i10.3(a)(i) or 5.3(a)(ii10.3(a)(ii).; (b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales. 5.4 10.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 10.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 10.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 10.7 Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 10.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 5.3 10.3 to 5.510.5. 5.9 10.9 Subject to any express provisions to the contrary (including those contained in this clause 510), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”1999) 5.1 2.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 2.2 Upon assenting to these terms and & conditions in writing the Client Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client Customer to the Contractor Edmo AP for Works Goods & or Services – that have previously been supplied and that will be supplied in the future by the Contractor Edmo AP to the ClientCustomer. 5.3 2.3 The Client Customer undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-up to date in all respects) which the Contractor Edmo AP may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;, (ii) register any other document required to be registered by the PPSA; or or (iii) correct a defect in a statement referred to in clause 5.3(a)(i2.3(a)(i) or 5.3(a)(ii2.3(a)(ii)., (b) indemnify, and upon demand reimburse, the Contractor Edmo AP for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;, (c) not register a financing change statement in respect of a security interest without the prior written consent of the ContractorEdmo AP; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of the ContractorEdmo AP; (e) immediately advise the Contractor Edmo AP of any material change in its business practices of selling dispensing the Materials which would result in a change in the nature type of proceeds derived from such sales. 5.4 The Contractor 2.4 Edmo AP and the Client Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 2.5 The Client Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d132(3) (d) and 132(4) of the PPSA. 5.6 2.6 The Client Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 2.7 Unless otherwise agreed to in writing by the ContractorEdmo AP, the Client Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 2.8 The Client Customer shall unconditionally ratify any actions taken by the Contractor Edmo AP under clauses 5.3 2.3 to 5.52.5. 5.9 2.9 Subject to any express provisions to the contrary (including those contained in this clause 5), 2) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 In 15.1 The PPS Law applies to this Agreement and the terms used in this clause financing statement, financing change statement, security agreement, and security interest has 15 have the meaning given to it by them in the PPSAPPS Act. 5.2 Upon assenting to these terms and conditions in writing the 15.2 The Client acknowledges and agrees that these terms and conditions constitute must: 15.2.1 do anything (including executing a new security agreement document) for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client to the Contractor for Works – that have previously been supplied and that will be supplied in the future by the Contractor to the Client. 5.3 The Client undertakes topurpose of: (a) promptly sign any further documents and/or provide any further information (such information ensuring a Security Interest created under this Agreement attaches to the collateral intended to be completecovered by that Security Interest, accurate the Security Interest is enforceable, perfected, maintained and up-to-date in all respects) which otherwise effective, and any Security Interest created under this Agreement has the Contractor may reasonably require to:priority contemplated by this Agreement; (ib) enabling ResVu to prepare and register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 5.3(a)(i) or 5.3(a)(ii). (b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged therebyif ResVu deems necessary; (c) enabling ResVu to exercise any of its powers in connection with any Security Interest created under or provided by this Agreement; and 15.3 provide information requested by ResVu to enable ResVu to exercise any of its powers or perform its obligations under the PPSA. 15.4 A Security Interest arises under this Agreement in any goods supplied by ResVu to the Client which are unpaid. 15.5 The Security Interest arising under this clause 15 attaches to any goods owned by ResVu when the goods are delivered to the Client, not register a financing change statement in respect of a security interest without the prior written consent at any later time. 15.6 Except if section 275(7) of the ContractorPPSA applies, ResVu and the Client agree not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available and the Client agrees not to provide any authorisation for the disclosure of such information. 15.7 The Client agrees that: 15.7.1 ResVu has no obligation to dispose of or retain personal property it seizes within a reasonable time under section 125 of the PPSA; 15.7.2 it must not complain of damage, cost or inconvenience caused by ResVu in taking apparent possession of personal property under section 126 of the PPSA; 15.7.3 following default, the Client has no rights to redeem personal property under section 142 of the PPSA; and 15.7.4 it has no rights to reinstate this Agreement after default under section 143 of the PPSA. 15.8 The Client waives its rights to receive: 15.8.1 a notice of ResVu’s proposal to remove personal property which has become an accession under section 95 of the PPSA; 15.8.2 a notice of ResVu’s proposal to exercise its rights with land law under section 118(1)(b) of the PPSA; 15.8.3 a notice of ResVu’s action (darising under section 120(2) not registerof the PPSA) in relation to an interest in collateral under section 121(4) of the PPSA; 15.8.4 a notice of ResVu’s seizure of certain personal property under section 123(2) of the PPSA; 15.8.5 a notice of ResVu’s proposal to dispose of personal property under section 130 of the PPSA; 15.8.6 details of the amounts paid to other secured parties in a statement of account provided by ResVu under section 132(3)(d) of the PPSA;‌ 15.8.7 a statement of account under section 132(4) of the PPSA; 15.8.8 a notice of ResVu’s proposal to retain personal property under section 135 of the PPSA; and 15.8.9 a copy of, or permit to be registerednotice of, any verification statement confirming registration of a financing statement or a financing change statement in relation relating to the Materials and/or collateral (account) in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such salesSecurity Interest under, or provided for by this Agreement. 5.4 15.9 The Contractor and the Client agree that sections 96, 115 and 125 waives any rights it has to object to ResVu’s proposal to purchase personal property under section 129(2)(b) of the PPSA do not apply and object to the security agreement created by these terms and conditions. 5.5 The Client hereby waives its rights ResVu’s proposal to receive notices retain personal property under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4section 134(2)(b) of the PPSA. 5.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 5.3 to 5.5. 5.9 Subject to any express provisions to the contrary (including those contained in this clause 5), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client to the Contractor for Works – that have previously been supplied and that will be supplied in the future by the Contractor to the Client. 5.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or or (iii) correct a defect in a statement referred to in clause 5.3(a)(i) or 5.3(a)(ii). (b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales. 5.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 Unless otherwise agreed to in writing by the Contractor, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 The Client shall unconditionally ratify any actions taken by the Contractor under clauses 5.3 to 5.5. 5.9 Subject to any express provisions to the contrary (including those contained in this clause 5), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Personal Property Securities Act. 2009 (“PPSA”) 5.1 22.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 5.2 22.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a Purchase Money Security Interest (“PMSI”) is granted in priority to all other creditors by the Client in favour of LEAP and this security interest is given in all Materials Equipment (including any goods and/or Services) and/or collateral (account) – being a monetary obligation of the Client to the Contractor for Works LEAP – that have has previously been supplied and that will be supplied in the future by the Contractor LEAP to the Client. 5.3 22.3 The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor LEAP may reasonably require to:; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or or (iii) correct a defect in a statement referred to in clause 5.3(a)(i22.2(a)(i) or 5.3(a)(ii22.2(a)(ii).; (b) indemnify, and upon demand reimburse, the Contractor LEAP for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged registration made thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the ContractorLEAP; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials Goods and/or collateral (account) in favour of a third party without the prior written consent of the Contractor; (e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such salesLEAP. 5.4 The Contractor 22.4 LEAP and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.5 22.5 The Client hereby waives its their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.6 22.6 The Client waives its their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.7 22.7 Unless otherwise agreed to in writing by the ContractorLEAP, the Client waives its their right to receive a verification statement in accordance with section 157 of the PPSA. 5.8 22.8 The Client shall must unconditionally ratify any actions taken by the Contractor LEAP under clauses 5.3 22.2 to 5.522.5. 5.9 22.9 Subject to any express provisions to the contrary (including those contained in this clause 5), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 22.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 22 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 22 will apply generally for the purposes of the PPSA.