Common use of PPSA Clause in Contracts

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) the Equipment supplied FMS secures the payment of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent; (c) it will not register or permit to be registered a Financing Statement or Financing Change Statement in relation to the Equipment in favour of a third party without FMS’s prior written consent; (d) that the Equipment provided under this Agreement is collateral for the purposes of the PPSA; (e) that this Agreement is a Security Agreement for the purposes of the PPSA; (f) 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) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the parties hereto agree not to disclose information of the kind referred to in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this clause under section 275(7)(c) of the PPSA to authorise the disclosure of 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. 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 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.

PPSA. 13.1. For (a) In this clause, the purposes of this clause PPSA means the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property Securities Act 2009 (Cth)Property’, including any amendments‘Proceeds’, replacement ‘Security Interest’ and successor legislation, and all terms used herein ‘Verification Statement’ have the same meaning as set out meanings given to them in that Act unless otherwise definedthe PPSA. 13.2. (b) The Client acknowledges and agrees that to the extent parties acknowledge that this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted may constitute a Security Interest in the Equipment and the proceeds arising in respect favour of any dealing with the Equipment. 13.3. The Client further agrees that: (a) the Equipment supplied FMS secures the payment of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent;DMF Engineering Pty Ltd. (c) it will not register If DMF Engineering Pty Ltd determines that this Agreement (or permit a transaction in connection with it) is or contains a Security Interest, the Supplier agrees to be registered a 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 Financing Change Statement give any notification, in relation connection with the Security Interest; or (iii) enabling DMF Engineering Pty Ltd to exercise rights in connection with the Equipment 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 without FMS’s prior written consentparty; (dii) that the Equipment provided under this Agreement if any of DMF Engineering Pty Ltd’s Personal Property is collateral for the purposes located or situated outside Australia or, upon request by DMF Engineering Pty Ltd, of the PPSA;present location or situation of any of DMF Engineering Pty Ltd’s Personal Property; or (eiii) that this Agreement is a Security Agreement for if the purposes Supplier parts with possession of the PPSA;DMF EngineeringPty Ltd’s Personal Property. (f) it will do all 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 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 Supplier’s Personal Property that DMF Engineering Pty Ltd has a Security Interest pursuant 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 PPSA;new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) it will not change its name, ACN or ABN or other details Everything the Supplier is required on to do under this clause is at the PPSR, without first notifying FMS;Supplier’s expense. (h) it waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of Neither DMF Engineering Pty Ltd nor the Security Interest created pursuant to these terms and conditions; (i) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the parties hereto agree not to Supplier will disclose information of the kind referred to mentioned in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this 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(7)(c275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA to authorise the disclosure of 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 AgreementPPSA. 13.4. 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 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.’

PPSA. 13.1. For (a) In this clause, the purposes of this clause PPSA means the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property Securities Act 2009 (Cth)Property’, including any amendments‘Proceeds’, replacement ‘Security Interest’ and successor legislation, and all terms used herein ‘Verification Statement’ have the same meaning as set out meanings given to them in that Act unless otherwise definedthe PPSA. 13.2. (b) The Client acknowledges and agrees that to the extent parties acknowledge that this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted Contract may constitute 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) the Equipment supplied FMS secures the payment favour of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent;Principal. (c) it will not register If the Principal determines that this Contract (or permit a transaction in connection with it) is or contains a Security Interest, the Contractor agrees to be registered a do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the Principal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling the Principal to apply for any registration, complete any Financing Statement or Financing Change Statement give any notification, in relation connection with the Security Interest; (iii) enabling the Principal to exercise rights in connection with the Security Interest. (d) 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 Contractor must notify the Principal as soon as the Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of the Principal’s Personal Property becomes an Accession to the Equipment Principal’s Personal Property and is subject to a Security Interest in favour of a third party without FMS’s prior written consentparty; (dii) that the Equipment provided under this Agreement is collateral for the purposes if any of the PPSA;Principal’s Personal Property is located or situated outside Australia or, upon request by the Principal, of the present location or situation of any of the Principal’s Personal Property; or (eiii) that this Agreement is a Security Agreement for if the purposes Contractor parts with possession of the PPSA;Principal’s Personal Property. (f) it will do all The Contractor must not: (i) create any Security Interest or lien over any Personal Property that the things necessary including providing all information FMS requires to register a Financing Statement Principal has an interest in (other than Security Interests granted in favour of the Principal); (ii) sell, lease or Financing Change Statement (as defined under dispose of its interest in Personal Property that the PPSA) on the PPS Register (‘PPSR’) as Principal has a Security Interest pursuant in; (iii) give possession of the Contractor’s Personal Property that the Principal has a Security Interest or the Principal’s Personal Property to another person except where the PPSAPrincipal expressly authorises it to do so; (iv) permit any of the Principal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within the Principal’s ownership or control; or (v) change its name without first giving the Principal 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) it will not change its name, ACN or ABN or other details Everything the Contractor is required on to do under this clause is at the PPSR, without first notifying FMS;Contractor’s expense. (h) it waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of Neither the Security Interest created pursuant to these terms and conditions; (i) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing Principal nor the parties hereto agree not to Contractor will disclose information of the kind referred to mentioned in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this 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(7)(c275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA to authorise the disclosure of 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 AgreementPPSA. 13.4. 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 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.’

PPSA. 13.1. For (a) The Parties agree and acknowledge that where the purposes of this clause PPSA means the Personal Property Securities Act 2009 Vehicle or Equipment is: (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” i) Commercial" type collateral for the purposes of the PPSA PPSA, then by virtue of this Agreement: (A) for the purposes of the hire or bailment of the Vehicle and as Equipment: (I) title to the Vehicle and the Equipment remains with the Company at all times, and (II) is not a PPS Lease Security Interest, unless and until the Hirer has held substantially uninterrupted possession of such FMS 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 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 Hirer must not otherwise, grant a Security Interest or lien in, or otherwise encumber, the Vehicle, the Equipment or the goods in any way. (c) If the Hirer makes a payment to the Company at any time whether in connection with the supply of goods or 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 order in which those obligations were incurred, and then obligations that are secured by a Purchase Money Security Interest in the Equipment and the proceeds arising order in respect of any dealing with the Equipmentwhich those obligations were incurred. 13.3. (d) The Client further agrees thatCompany may register its Security Interest on the PPSR. (e) The Hirer must do anything which the Company requires for the purposes of: (ai) ensuring the Equipment supplied FMS secures Company's or any related or associated party's Security Interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Company or any related or associated party to gain priority for its Security Interest; and (iii) enabling the Company or any related or associated party to exercise its rights in connection with its Security Interest. (f) The Company may recover from the Hirer the cost of doing anything under this Clause 18 including but not limited to the payment of the Equipment registration fees. (g) The Company's rights under this Agreement are in addition to and not in substitution for its rights under any other Equipment supplied by FMS;law and the Company may choose whether to exercise rights under this Agreement or under other law as it sees fit. (bh) it will not register The Hirer waives the right to receive a Financing Change Statement in respect copy of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent; (c) it will not register or permit to be registered any verification statement confirming registration of a Financing Statement or Financing Change Statement in relation relating to the Equipment in favour of a third party without FMS’s prior written consent;Security Interests under this Agreement. (di) The Hirer agrees that the Equipment provided under 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 is collateral 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 the Section 275(9) PPSA;. (ek) that this Agreement is a Security Agreement for Both the purposes of Hirer and the PPSA; (f) 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) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the parties hereto Company agree not to disclose information of the kind referred to in section that can be requested under Section 275(1) of the PPSA PPSA. The Hirer must do everything necessary on their part to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this clause under section 275(7)(censure that Section 275(6)(a) of the PPSA continues to authorise the disclosure of the above information; and (k) in the event that an Agreement is not executed apply. The agreement 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 parties in the proposed Agreement. 13.4. 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 to facilitate the registration and maintenance of any Security Interest. 13.6. Section 115(1) of the PSSA allows subclause is made solely for the contracting out purposes of provisions allowing the Company the benefit of Section 275(6)(a) of the PPSA and the Company shall not be liable to the maximum extent 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, any documents, notifications or Court proceedings may be given or served upon the Client agrees that Hirer, the following sections of Hirer’s successors and permitted assignees in the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the PSSA allows for the contracting out of provisions same manner as any notice or document may be given under Part 8.5 of the PPSA 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 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 any goods (including any Vehicle or Equipment) subsequent to the maximum extent permitted by law, you waive any rights you may have pursuant to, and hereby contract out receiving a copy of the following sections of the PPSA: Sections 127, 129(2), 132, 134(2), 135, 136(3), (4) and (5) and 137these terms.

PPSA. 13.1. For the purposes of this clause (a) If a Loan Document or Disclosed Sublease (or a transaction in connection with it) is or contains a 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” 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 PPSA applies to that PPSA Security Interest), each Loan Party agrees to do (and shall procure that any dealing with Disclosed Sublessee shall do) anything (including but not limited to obtaining consents, signing and producing documents, procuring that documents are completed and signed and supplying information) within its reasonable control and which the Equipment. 13.3. The Client further agrees thatCollateral Agent requests and reasonably considers necessary for the purposes of: (ai) ensuring that the Equipment supplied FMS secures PPSA Security Interest is enforceable, perfected and otherwise effective; or (ii) enabling the payment of Collateral Agent to apply for any registration, complete any financing statement or give any notification, in connection with the Equipment and any other Equipment supplied by FMS;PPSA Security Interest; or (iii) enabling 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 will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted pursuant to this section to be registered at such times as reasonably directed by this Agreement without FMS’s prior written consent;the Collateral Agent. (c) it will not register or permit to be registered a Financing Statement or Financing Change Statement in relation Unless otherwise provided, all costs and expenses of the Collateral Agent pursuant to the Equipment 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 favour of a third party without FMS’s prior written consent;connection therewith. (d) that The Collateral Agent need not give any notice under the Equipment provided under PPSA (including a notice of verification statement) unless the notice is required by the PPSA and the requirement to give it cannot be excluded or has not been excluded by this Agreement is collateral for the purposes of the PPSA;section. (e) The Loan Parties and the Collateral Agent agree that this Agreement is a Security Agreement for each the purposes of Collateral Agent and the PPSA; (f) 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 Loan Parties Obligor and the Security Interest created pursuant to these terms Trustee are not required to, and conditions; (i) it must pay FMSnot without the other party’s costs of consent, disclose any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the parties hereto agree not to disclose information of the kind referred to in section 275(1275(4) of the Australian PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this clause under unless section 275(7)(c275(7) of the Australian PPSA to authorise the disclosure of the above information; andapplies. (kf) in the event that an Agreement If a Loan Party is not executed requested or required to do anything under this section by the ClientCollateral Agent, it will be at 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 AgreementLoan Party’s cost. 13.4. The Client consents to FMS affecting and maintaining a registration on the Register (in any manner it considers appropriateg) 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 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 and to the maximum extent permitted by law, the Client Each Loan Party agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the PSSA allows for the contracting out of provisions of the Australian PPSA and do not apply to the maximum Loan Documents to the extent permitted by law, you waive any rights you may have pursuant to, and hereby that the PPSA permits the parties to contract out of such provisions: (i) Section 95 to the following sections 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 PPSA: Sections 127, 129(2extent it requires a secured party to give notice to a grantor; (vi) Section 132(3)(d), 132, 134(2; (vii) Section 132(4), 135, 136(3), ; (4viii) Section 142; and (5ix) and 137Section 143.

PPSA. 13.1. For (a) In this clause, the purposes of this clause PPSA means the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property Securities Act 2009 (Cth)Property’, including any amendments‘Proceeds’, replacement ‘Security Interest’ and successor legislation, and all terms used herein ‘Verification Statement’ have the same meaning as set out meanings given to them in that Act unless otherwise definedthe PPSA. 13.2. (b) The Client acknowledges and agrees that to the extent parties acknowledge that this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted may constitute a Security Interest in the Equipment and the proceeds arising in respect favour of any dealing with the EquipmentDelta Coal. 13.3. The Client further agrees that: (a) the Equipment supplied FMS secures the payment of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent; (c) it will not register If Delta Coal determines that this Agreement (or permit a transaction in connection with it) is or contains a Security Interest, the Supplier agrees to be registered a do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which Delta Coal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling Delta Coal to apply for any registration, complete any Financing Statement or Financing Change Statement give any notification, in relation connection with the Security Interest; or (iii) enabling Delta Coal to exercise rights in connection with the Equipment Security Interest. (d) 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 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 Delta Coal’s Personal Property becomes an Accession to Delta Coal’s Personal Property and is subject to a Security Interest in favour of a third party without FMS’s prior written consentparty; (dii) that the Equipment provided under this Agreement if any of Delta Coal’s Personal Property is collateral for the purposes located or situated outside Australia or, upon request by Delta Coal, of the PPSA;present location or situation of any of Delta Coal’s Personal Property; or (eiii) that this Agreement is a Security Agreement for if the purposes Supplier parts with possession of the PPSA;Delta Coal’s Personal Property. (f) it will do all The Supplier must not: (i) create any Security Interest or lien over any Personal Property that Delta Coal has an interest in (other than Security Interests granted in favour of Delta Coal); (ii) sell, lease or dispose of its interest in Personal Property that Delta Coal has an Security Interest in; (iii) give possession of 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 Supplier’s Personal Property that Delta Coal has a Security Interest pursuant or Delta Coal’s Personal Property to another person except where Delta Coal expressly authorises it to do so; (iv) permit any of Delta Coal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within Delta Coal’s ownership or control; or (v) change its name without first giving Delta Coal 15 Business Days notice of the PPSA;new name or relocate its principal place of business outside Australia or change its place of registration or incorporation. (g) it will not change its name, ACN or ABN or other details Everything the Supplier is required on to do under this clause is at the PPSR, without first notifying FMS;Supplier’s expense. (h) it waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of Neither Delta Coal nor the Security Interest created pursuant to these terms and conditions; (i) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the parties hereto agree not to Supplier will disclose information of the kind referred to mentioned in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this 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(7)(c275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA to authorise the disclosure of 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 AgreementPPSA. 13.4. 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 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.’

PPSA. 13.1. For (a) This clause applies to the purposes of this clause PPSA means extent that the Personal Property Securities Act 2009 ▇▇▇ ▇▇▇▇ (Cth), including “PPSA”) operates in relation to 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 defined in the Equipment and the proceeds arising in respect of any dealing with the EquipmentPPSA) under this Agreement. 13.3. The Client further agrees that: (a) the Equipment supplied FMS secures the payment of the Equipment and any other Equipment supplied by FMS; (b) it will not register This document constitutes a Financing Change Statement security agreement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent; (c) it will not register or permit to be registered a Financing Statement or Financing Change Statement in relation to writing covering the Equipment in favour of a third party without FMS’s prior written consent; (d) that the Equipment provided under this Agreement is collateral for the purposes of the PPSA;. (c) The Equipment referred to in this Agreement, is a security interest and a “purchase money security interest” (“PMSI”) to the extent that it can be under section 16 of the PPSA. (d) 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. (e) that this Agreement is a Security Agreement The Hirer agrees to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of of: (i) ensuring that the Owner’s security interest is enforceable, perfected and otherwise effective under the PPSA; (ii) enabling the Owner to gain first priority (or any other priority agreed to by the Owner in writing) for its security interest, and (iii) enabling the Owner to exercise rights in connection with the security interest. (f) it will do all The Owner’s rights under this Agreement are in addition to and not in substitution for the things necessary Owner’s rights under any other law (including providing all information FMS requires to register a Financing Statement or Financing Change Statement (as defined under the PPSA) on and the PPS Register (‘PPSR’) Owner may choose whether to exercise rights under this Agreement, or under such other law, as a Security Interest pursuant to the PPSA;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) 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 accession), 129 (notice of removal of accession to the extent it will not change its namerequires 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) in relation to section 109 (secured party may take possession of and sell collateral), ACN 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 ABN or dispose of any Equipment in the manner specified in those sections but also under this Agreement in any other details required on the PPSR, without first notifying FMS;manner it deems fit (subject to any rights of third parties). (h) it The Hirer waives its rights to receive a verification statement in respect under section 148 of the PPSA. Equipment or the use of it and will observe all the provisions of any Financing Statement statute, regulation or Financing Change Statement in respect of the Security Interest created pursuant by-law relating to these terms and conditions; (i) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing the parties hereto agree not to disclose information of the kind referred to in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this clause under section 275(7)(c) of the PPSA to authorise the disclosure of 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. 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 (g) Not to sign any documents and provide all assistance and information use or operate or permit the Equipment to FMS be used or operated when not in proper repair or (if the Equipment is required to facilitate be registered, licensed, insured or the registration and maintenance subject of a permit during its use or operation) when it is unregistered, unlicensed, uninsured or not the subject of a permit. (h) To promptly give notice to the Owner of the occurrences of any Security Interestevent of default or any event which with the passing of time or the giving of notice, of both, might constitute an Event or Default. 13.6. Section 115(1) of the PSSA allows for the contracting out of provisions of the PPSA and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.

PPSA. 13.1. For (a) In this clause, the purposes of this clause PPSA means the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property Securities Act 2009 (Cth)Property’, including any amendments‘Proceeds’, replacement ‘Security Interest’ and successor legislation, and all terms used herein ‘Verification Statement’ have the same meaning as set out meanings given to them in that Act unless otherwise definedthe PPSA. 13.2. (b) The Client acknowledges and agrees that to the extent parties acknowledge that this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted may constitute 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) the Equipment supplied FMS secures the payment favour of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent;Principal. (c) it will not register If the Principal determines that this Agreement (or permit a transaction in connection with it) is or contains a Security Interest, the Contractor agrees to be registered a do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the Principal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling the Principal to apply for any registration, complete any Financing Statement or Financing Change Statement give any notification, in relation connection with the Security Interest; or (iii) enabling the Principal to exercise rights in connection with the Security Interest. (d) 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 Contractor must notify the Principal as soon as the Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of the Principal’s Personal Property becomes an Accession to the Equipment Principal’s Personal Property and is subject to a Security Interest in favour of a third party without FMS’s prior written consentparty; (dii) that the Equipment provided under this Agreement is collateral for the purposes if any of the PPSA;Principal’s Personal Property is located or situated outside Australia or, upon request by the Principal, of the present location or situation of any of the Principal’s Personal Property; or (eiii) that this Agreement is a Security Agreement for if the purposes Contractor parts with possession of the PPSA;Principal’s Personal Property. (f) it will do all The Contractor must not: (i) create any Security Interest or lien over any Personal Property that the things necessary including providing all information FMS requires to register a Financing Statement Principal has an interest in (other than Security Interests granted in favour of the Principal); (ii) sell, lease or Financing Change Statement dispose of its interest in Personal Property that the Principal has an Security Interest in; (as defined under iii) give possession of the PPSA) on Contractor’s Personal Property that the PPS Register (‘PPSR’) as Principal has a Security Interest pursuant or the Principal’s Personal Property to another person except where the PPSAPrincipal expressly authorises it to do so; (iv) permit any of the Principal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within the Principal’s ownership or control; or (v) change its name without first giving the Principal 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) it will not change its name, ACN or ABN or other details Everything the Contractor is required on to do under this clause is at the PPSR, without first notifying FMS;Contractor’s expense. (h) it waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of Neither the Security Interest created pursuant to these terms and conditions; (i) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing Principal nor the parties hereto agree not to Contractor will disclose information of the kind referred to mentioned in section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this 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(7)(c275 of the PPSA because of the operation of section 275(7) (b), (d) and (e) of the PPSA to authorise the disclosure of 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 AgreementPPSA. 13.4. 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 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.’

PPSA. 13.1. For (a) In this clause, the purposes of this clause PPSA means the words ‘Accession’, ‘Commingled’, ‘Financing Statement’, ‘Grantor’, ‘Personal Property Securities Act 2009 (Cth)Property’, including any amendments‘Proceeds’, replacement ‘Security Interest’ and successor legislation, and all terms used herein ‘Verification Statement’ have the same meaning as set out meanings given to them in that Act unless otherwise definedthe PPSA. 13.2. (b) The Client acknowledges and agrees that to the extent parties acknowledge that this Agreement provides for a “security interest” for the purposes of the PPSA and as such FMS is granted Contract may constitute 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) the Equipment supplied FMS secures the payment favour of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent;Principal. (c) it will not register If the Principal determines that this Contract (or permit a transaction in connection with it) is or contains a Security Interest, the Contractor agrees to be registered a do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the Principal asks and considers necessary for the purposes of: (i) ensuring that the Security Interest is enforceable, perfected and otherwise effective; (ii) enabling the Principal to apply for any registration, complete any Financing Statement or Financing Change Statement give any notification, in relation connection with the Security Interest; (iii) enabling the Principal to exercise rights in connection with the Security Interest. (d) 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 Contractor must notify the Principal as soon as the Contractor becomes aware of any of the following: (i) if any Personal Property which does not form part of the Principal’s Personal Property becomes an Accession to the Equipment Principal’s Personal Property andis subject to a Security Interest in favour of a third party without FMS’s prior written consentparty; (dii) that the Equipment provided under this Agreement is collateral for the purposes if any of the PPSA;Principal’s Personal Property is located or situated outside Australia or, upon request bythe Principal, of the present location or situation of any of the Principal’s Personal Property; or (eiii) that this Agreement is a Security Agreement for if the purposes Contractor parts with possession of the PPSA;Principal’s Personal Property. (f) it will do all The Contractor must not: (i) create any Security Interest or lien over any Personal Property that the things necessary including providing all information FMS requires to register a Financing Statement Principal has an interest in (other than Security Interests granted in favour of the Principal); (ii) sell, lease or Financing Change Statement (as defined under dispose of its interest in Personal Property that the PPSA) on the PPS Register (‘PPSR’) as Principal has a Security Interest pursuant in; (iii) give possession of the Contractor’s Personal Property that the Principal has a Security Interest or the Principal’s Personal Property to another person except where the PPSAPrincipal expressly authorises it to do so; (iv) permit any of the Principal’s Personal Property to become an Accession to or Commingled with any asset that is not part of a site within the Principal’s ownership or control; or (v) change its name without first giving the Principal 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) it will not change its name, ACN or ABN or other details Everything the Contractor is required on to do under this clause is at the PPSR, without first notifying FMS;Contractor’s expense. (h) it waives its rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of Neither the Security Interest created pursuant to these terms and conditions; (i) it must pay FMS’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement; (j) unless otherwise agreed in writing Principal nor the parties hereto agree not to Contractor will disclose information of the kind referred to mentioned in section 275(1) of the PPSA and the 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 interested personinductions 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 person requested by an interested person and the Client waives any right it may have but for this clause under section 275(7)(c) of the PPSA to authorise the disclosure of the above informationauthorised Site supervisor; and (kiv) 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 event that environment at risk; or (iii) an Agreement 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 executed responsible for any loss or damage suffered by the ClientContractor and the Contractor’s employees, agents and the delivery and use of Contractors while on the Equipment Site or any other place provided by the Client, Principal in connection with the Goods 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 AgreementServices. 13.4. (e) The Client consents to FMS affecting Contractor must, at its cost, immediately and maintaining a registration on permanently remove from the Register Site any person the Principal considers (in any manner it considers appropriateits absolute discretion) is behaving in relation to any Security Interest contemplated an unsafe or constituted by this Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipmentoffensive manner. 13.5. The Client agrees to sign any documents and provide all assistance and information to FMS required 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.

PPSA. 13.1. 13.1 For the purposes of this clause PPSA means clause: a) the following words have the 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), including 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 amendmentsEquipment, replacement and successor legislation, and all goods or equipment hired by the Customer from the Owner under the terms used herein have the same meaning as set out in that Act unless otherwise definedof this Hire Agreement. 13.2. 13.2 The Client acknowledges and agrees parties acknowledge that to the extent that this Agreement provides for a “security interest” for the purposes supply of the PPSA and as such FMS is granted Hired Equipment under this Hire Agreement constitutes a Security Interest (which may be a Purchase Money Security Interest) in the Hired Equipment and the proceeds arising in respect of any dealing with the Equipment. 13.3. The Client further agrees that: (a) the Equipment supplied FMS secures the payment of the Equipment and any other Equipment supplied by FMS; (b) it will not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement without FMS’s prior written consent; (c) it will not register or permit to be registered a Financing Statement or Financing Change Statement Proceeds in relation to the Equipment) in favour of the Owner. 13.3 The Customer agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which the Owner asks and considers necessary for the purposes of: a) ensuring that the Security Interest is enforceable, perfected and otherwise effective; b) enabling the Owner to apply for any registration, complete any Financing Statement or give any notification, in connection with the Security Interest; and c) enabling the Owner to exercise rights in connection with the Security Interest. 13.4 The Owner is not required to give any 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). 13.5 The Customer must notify the Owner as soon as the Customer becomes aware of any of the following: a) if any Personal Property which does not form part of the Hired Equipment becomes an Accession to the Hired Equipment and is subject to a Security Interest in favour of a third party party; b) if any of the Hired Equipment or Owner’s Personal Property is located or situated outside Australia or, upon request by the Owner, of the present location or situation of the Hired Equipment; or c) if the Customer parts with possession of the Hired Equipment. 13.6 The Customer must not without FMSthe Owner’s prior written consent: a) create any Security Interest or lien over any Personal Property that the Owner has an interest in, including the Hired Equipment (other than Security Interests granted in favour of the Owner); (db) that the Equipment provided under this Agreement is collateral for the purposes of the PPSA; (e) that this Agreement is a Security Agreement for the purposes of the PPSA; (f) 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 any Serial Number in respect of any Financing Statement Hired Equipment without first notifying the Owner; c) permit the Hired Equipment to become an Accession to, Commingled with, or Financing Change Statement in respect a Fixture to any asset or real property that is not part of the Security Interest created pursuant Owner’s other Personal Property or real property; or d) change its name without first giving 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. 13.7 If the Customer fails to these terms and conditionscomply with any obligation under this 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 located to take possession of the Hired Equipment; and c) the Owner may retain, sell or otherwise dispose of the Hired Equipment. 13.8 The Owner agrees to the extent permitted under the PPSA, the Customer waives its rights: a) to receive notice of removal of an Accession under the PPSA; and b) 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 (ie) it must pay FMS’s costs of any discharge PPSA, provided that where sections 275(7)(b) or necessary amendment of any Financing Statement or Financing Change Statement; (je) unless otherwise agreed in writing require such disclosure, the parties hereto agree not party that is required to disclose the information of gives all available notice to the kind referred 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 section 275(1) of the PPSA to any interested person, or any other person requested by an interested person and the Client waives any right it may have but for this clause under section 275(7)(c) of the PPSA confidence. 13.10 Each party agrees not to authorise the disclosure of 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. The Client consents to FMS affecting and maintaining a registration on the Register (in any manner it considers appropriate) in relation PPSA Information to any Security Interest contemplated third party pursuant to section 275(7)(c) PPSA or constituted by request information under section 275(7)(d) PPSA unless the other party to this Agreement in the Equipment and the proceeds arising in respect of any dealing in the Equipmentdocument explicitly agrees. 13.5. The Client agrees to sign any documents and provide all assistance and information to FMS required 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 and to the maximum extent permitted by law, the Client agrees that the following sections of the PPSA will not apply: Sections 95, 96, 121 (4),125, 130, 132, 142 and 143. 13.7. Section 115(7) of the 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), (4) and (5) and 137.