by: Emily Pendleton
White Commercial
Group
Witnessing Officer
Grantor’s/Mortgagor’s/Lessor’s
Date
ee’s/Mortgagee’s/Lessee’s
The parties identified in items 3 and 4 agree that the instrument/document in item 1 is amended in accordance with: *item 5; *item 5 and attached schedule; *attached schedule.
* delete if not applicable
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
Witnessing Officer Execution Date
Grantor’s/Mortgagor’s/Lessor’s Signature (Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner JP, C Dec)
signature full name qualification / /
Witnessing Officer Execution Date Grantor’s/Mortgagor’s/Lessor’s Signature (Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP,C Dec)
Name of witness (block letters)
Unless specified to the contrary, all defined terms in the Lease have the same meaning in this Deed unless the context otherwise requires.
2.1 In this Deed, unless specified to the contrary:
(a) time is of the essence;
(b) words importing the singular include the plural and vice versa;
(c) words importing any gender include all other genders;
(d) a reference to a natural person includes a company or other corporate body and vice versa;
(e) a reference to any legislation, regulation, code or local law includes any modification, re enactment or substitution of it;
(f) dollars means Australian dollars unless otherwise stated;
(g) “Including” and similar expressions are not words of limitation;
(h) the obligations on the part of a party who is a natural person includes his heirs, executors, administrators and assigns; and
(i) the obligations on the part of a party which is a company or other corporate body includes its successors and assigns.
2.2 This Deed is to be interpreted so that it complies with all applicable Queensland laws and if any provision does not comply then it must be read down so as to give it as much effect as possible however, if it is not possible to give that provision any effect at all then it is to be severed from this Deed in which case the remainder of this Deed will continue to have full force and effect.
2.3 Any obligation imposed by this Deed on two or more persons binds them jointly and each of them severally.
2.4 A provision of this Deed must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Deed or the inclusion of the provision in this Deed.
2.5 Clause headings are for ease of reference only and are not intended to affect the construction or interpretation of this Deed.
2.6 If the time for performing any obligation under this Deed expires on a non-Business Day then time is extended until the next Business Day.
(a) The Lease term is extended by 7 years commencing 19 December 2015 and expiring 18 December 2022
(b) There are no further terms available to the Tenant
(c) The rent payable from 19 December 2015 will be $112,976.84 plus GST per annum.
(d) CPI rent reviews will occur on each anniversary of the Commencement Date.
4.1 The Landlord and the Tenant agree to vary the Lease as follows:
(a) In Reference Data Item 1, the Landlord's details are deleted and replace with the following: "DPT Property Pty Ltd ACN 154 718 331 PO Box 1446 BUDDINA QLD 4575
Munro Thompson Lawyers PO Box 5 MOOLOOLABA QLD 4557"
(b) In Reference Data Item 1, the Tenant’s address for notices is amended to 155 Pelham Street, Carlton VIC 3053.
(c) In Reference Data Item 2, delete "7 years" and replace with "14 years".
(d) In Reference Data Item 2, delete "18/12/2015" and replace with "18 December 2022".
(e) In Reference Data Item 4:
i. Delete the contents of clause (b) and replace with "From 19 December 2015, $112,976.84 per annum plus GST".
ii. Delete the contents of clause (c) and replace with "From 19 December 2015, $9,414.74 per month plus GST".
iii. In the second clause (c), after "the first" insert "business".
(f) In Reference Data Item 5(b), delete the contents and replace with:
"19 December 2016 19 December 2017 19 December 2018 19 December 2019 19 December 2020 19 December 2021".
(g) The contents of Reference Data Item 8 are deleted and replaced with "Nil".
(h) The contents of Reference Data Item 9 are deleted and replaced with "Nil".
(i) The contents of Reference Data Item 12 are deleted and replaced with "Nil".
(j) The following new clauses are inserted into the Lease:
a) The Tenant conducts its business from the Premises with the assistance of funding received from the Commonwealth Government (Funding). The Funding will expire on 30 June 2018.
b) The Tenant will apply to the Commonwealth Government for further Funding to allow it to continue to operate its business from the Premises.
c)
If the Tenant does not receive sufficient additional Funding in respect of the period from 30 June 2018 for the business run from the Premises, at any time after 31 December 2017 the Tenant may give notice to the Landlord of its intention to terminate this Lease The notice will specify a termination date (Early Termination Date) that is not less than 6 months from the date of the notice.
d) If the Tenant terminates the Lease in accordance with paragraph a), the Tenant will be released from all of its obligations under this Lease with effect from the Early Termination Date (including but not limited to the covenants to pay Rent and other monies).
The Landlord acknowledges that the emblem and logo of Red Cross (Marks) may only be used with the written consent of the Federal Minister for Defence. Any unauthorised use of the Marks is a criminal offence under Australian law.
Despite anything else contained in this lease, while the Lessee is Australian Red Cross Society (ABN 50 169 561 394):
a) if the Lessee has taken out a global insurance policy, the global insurance policy is to be taken to be acceptable for all insurance coverage required of the Lessee under this lease; and
b) the Lessor will not require the Lessee to obtain any additional coverage amounts, forms or deductibles which the Lessee does not maintain under its global policy.”
The provisions of the Lease are incorporated into this Deed, so that to the full extent possible the Lessor and the Lessee will have the same respective rights, powers and obligations under this Deed as they have under the Lease, subject to the variations under this Deed.
If there is an inconsistency between a provision of this Deed and a provision of the Lease, the provision of this Deed will prevail.
Each party pays their own legal and other costs in relation to the preparation, negotiation and execution of this Deed.
8.1 Any demand, notice or document under this Deed may be made or given by a party or the solicitor for that party and will be sufficiently served or delivered if:
(a) served or delivered personally; or
(b) posted by pre paid post addressed to the party to be served at that party's address for service set out in this Deed or to that party's solicitor.
8.2 Service or delivery by post of any demand, notice or document will be deemed to have been made or given at 12.00 noon 2 Business Days following posting.
9.1 Capacity
Each party warrants that it has full legal capacity and power to enter into, exercise its rights and observe its obligations under this Deed and the Lease.
Each party must do everything necessary or desirable to give full effect to this Deed with such obligation extending to:
(a) the signing of documents; and
(b) the procuring, if applicable, that a party’s officers, agents and/or employees do everything necessary or desirable to give full effect to this Deed (including the signing of documents).
9.3
A provision of this Deed which can and is intended to operate after its conclusion will remain in full force and effect.
9.4 Waiver
A waiver by one party of another party's default under this Deed will not constitute a release of the defaulting party's obligation to observe and perform all of its obligations under this Deed in the future.
This Deed embodies the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other agreements, understandings and representations concerning the subject matter of this Deed.
This Deed may not be modified, discharged or abandoned unless by a document agreed and signed by the parties.
This Deed may be executed in two or more counterparts each of which will be deemed an original but all of which will constitute one and the same document.
This Deed is to be governed by and construed in accordance with all applicable Queensland laws and the parties must submit to the non exclusive jurisdiction of the Queensland courts.
EXECUTED as a Deed
LESSOR:
EXECUTED by DPT PROPERTY PTY LTD in accordance with Section 127 Corporations Act 2001 (Cth):
Full Name of Director
LESSEE:
SIGNED on behalf of AUSTRALIAN RED CROSS SOCIETY in accordance with its Rules:
Full Name of Director/Secretary
) )
Authorised
Full
Commencement
The Lessor
the Lessee for the term stated in item 6 subject to the covenants and conditions contained in: *the attached schedule;
schedule and document no. ; * document
; *Option in registered Lease no. has not been exercised *delete if not applicable
Witnessing officer must be aware of his/her obligations under section 162 of the Land Title Act 1994
DPT PROPERTY PTY LTD ACN 154
signature full name qualification / /
Execution Date Sole Director Lessor’s Signature (Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
Witnessing Officer
The Lessee accepts the lease and acknowledges the amount payable or other considerations for the lease. signature full name qualification / /
Roelse Pty
Witnessing Officer
Execution Date
Sole Director
Lessee’s Signature (Witnessing officer must be in accordance with Schedule 1 of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
This is the schedule referred to in Items
and
Item 1 Landlord
Item 2 Tenant
Item 3 Premises [clause 1.2]
Item 4
5a
5b
First Option to Renew [clause 17]
Second Option to Renew [clause 17]
Rent [clause 1.2]
Index Review Dates [clause 4.3]
Market Review Dates [clause 4.4]
of the lease dated / /
DPT Property Pty Ltd ACN 154 718 331 as trustee PO Box 1446, Buddina Qld 4575
Eric Roelse Pty Ltd ACN 155636927 PO Box 1521 Gympie Qld 4570
Lot 1 on SP 223961 (Lease A,C,H and J 264 Brisbane Monkland, Gympie) being part of the premises described in Item 5 of the Form 7 of this Lease.
2 years commencing on 1st February 2017 and terminating on 31st January 2019
2 years commencing on 1st February 2019 and terminating on 31st January 2021.
2 years commencing on 1st February 2021 and terminating on 31st January 2023
$600 per week plus GST commencing 1st April 2017 till 31st January 2018. $800 per week plus GST commencing 1st February 2018.
1st February 2019,2020,2021,2022
Not applicable
Machinery shop, showroom and storage
9
Use of Premises [clause 8]
10
11
Guarantor [clause 18]
Security Deposit [clause 198]
Item 12 Tenant’s Proportion of Operating Expenses [clause 6.2]
Not applicable
nil except water and electricity
Where a term used in this Lease appears in bold type in the Reference Schedule, that term has the meaning shown opposite it in the Reference Schedule.
(1) "Australian Institute" means the Australian Property Institute Incorporated (Queensland Division);
(2) "Building" means all improvements erected on the Land including any modifications, extensions or alterations to those improvements and, where appropriate, includes the Land and the Landlord’s Property;
(3) “Car Parking Spaces” means the car parking spaces allotted to the Tenant for the exclusive use of the Tenant being the car parking spaces Lease C, H and I designated on the plan attached marked “Car Park Spaces”;
(4) "Claim" includes any claim or legal action;
(5) "Common Areas" means all parts of the Building and the Land designated by the Landlord for common use by the Building's tenants or occupiers and their respective employees, invitees and licensees;
(6) "Default Rate" means 15% per annum;
(7) "Land" means the land stated in Item 2 of the Form 7 in this Lease;
(8) "Landlord’s Property" includes any part of the Building and any other property owned by the Landlord in the Building or on the Premises; fixtures and fittings installed by the tenant at commencement and during lease term.
(9) "Official Requirement" means any requirement, notice, order or direction of any statutory, public or other competent authority, present or future and includes the provisions of any statute, ordinance or by-law;
(10) "Premises" means the part of the Building stated in Item 5 of the Form 7 in this Lease and in Item 3 of the Reference Schedule and includes the Landlord's Property;
(11) "Rent" means the amount stated in Item 6 of the Reference Schedule and includes any variation of it under clause 4;
(12) "Services" means all utilities and services in the Building or the Premises;
(13) "Tenant’s Employees" means each of the Tenant’s employees, contractors, agents, customers, clients, visitors, subtenants, licensees or others (with or without invitation) who may be upon the Premises, the Building or the Land;
(14) "Tenant’s Property" includes all fixtures and other articles in the Premises which are not owned by the Landlord; and
(15) "Valuer" means a person who:
(a) is a fellow or an associate, of not less that 5 years’ standing, of the Australian Institute and active in the relevant market at the time of his appointment; and (b) has a least 3 years’ experience in valuing the kind of premises leased by this Lease.
(1)Reference to:
(a)a person includes a body corporate;
(b)a party includes the party’s executors, administrators, successors and permitted assigns;
(c)month or monthly means calendar month or calendar monthly; and (d)a right includes a remedy, authority or power.
(2)Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
Reference to:
(1)one gender includes the others; and
(2)the singular includes the plural and the plural includes the singular.
(1)If a party (including any Guarantor under this Lease) consists of more than 1 person, this Lease binds each of them separately and any 2 or more of them jointly.
(2)An obligation, representation or warranty in favour of more than 1 person is for the benefit of them separately and jointly.
(3)A party which is a trustee is bound both personally and in its capacity as a trustee.
Reference to a statute, regulation or provision of a statute or regulation ("Statutory Provision") includes:
(1)that Statutory Provision as amended or re-enacted from time to time; and
(2)a statute, regulation or provision enacted in replacement of that Statutory Provision.
Every obligation undertaken by a party to this Lease will be deemed to be and be construed as a covenant by that person.
If anything in this Lease is unenforceable, illegal or void then it is severed and the rest of this Lease remains in force.
(a)is the entire agreement and understanding between the parties on everything connected with the subject matter of this lease; and
(b)supersedes any prior agreement or understanding on anything connected with that subject matter.
(2)Each party has entered into this Lease without relying on any representation by any other party or any person purporting to represent that party.
(1)Headings are for convenience only and do not form part of this Lease or affect its interpretation.
(2)References to clauses, schedules and annexures will be construed as references to clauses of and schedules and annexures to this Lease.
(1)If any organisation has ceased to exist, reference to that organisation will be deemed to be reference to an organisation having substantially the same objects as the original organisation.
(2)Reference to the president of an organisation will, in the absence of a president, be read as reference to the senior officer for the time being of the organisation or any other person fulfilling the duties of president.
(1)Unless the context otherwise requires, where any area of the Premises or the Building is to be calculated or measured for the purposes of this Lease, those calculations and measurements will be in accordance with the Method of Measurement.
(2)In this clause 1.12 "Method of Measurement" means:
(a)the method for the measurement of buildings utilised by the Property Council of Australia at the time of calculation or measurement; or (b)otherwise, the method or criteria which the Landlord selects as the most appropriate.
Unless otherwise stated, if the Landlord’s consent or approval is required it:
(1)may be granted or withheld at the Landlord’s discretion; and (2)will not be effective unless in writing.
If a provision of this Lease requires a notice to be given by a party, it must be in writing unless the provision states that it may be given orally.
(1)The law of Queensland governs this Lease.
(2)The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
To the extent permitted by law:
(1)the covenants, powers and provisions (if any) implied in leases by virtue of any law are negatived; and (2)the application to this Lease of any law having the effect of extending the Term, reducing or postponing the payment of Rent or otherwise affecting the operation of any of the covenants, terms and conditions of this Lease is excluded and negatived.
The Landlord leases the Premises to the Tenant for the Term subject to the provisions of this Lease.
If the Tenant continues to occupy the Premises after the Term expires with the Landlord’s consent then:
(1)the Tenant occupies the Premises as a monthly tenant at a monthly rental equal to the monthly rental payable during the last year of the Term;
(2)the monthly rental will be payable in advance on the first day of each month;
(3)as far as applicable, the monthly tenancy will otherwise continue on the terms and conditions of this Lease; and
(4)the Landlord or the Tenant may terminate the monthly tenancy by giving to the other 1 month’s notice expiring on any date.
(1)The Tenant must pay the Rent by equal monthly instalments in advance on the first day of each month without deduction or set-off.
(2)If necessary, the first and last instalments will be apportioned on a daily basis.
(3)The first instalment must be paid on the date this Lease commences.
(4)All instalments must be paid as the Landlord directs.
In this clause 4:
(1)"Index Number" means the Consumer Price Index (All Groups) for Brisbane published from time to time by the Australian Statistician; if the Australian Statistician updates the reference base of the Index Number, the Index Number will be appropriately adjusted so as to preserve the intended continuity of calculation by using the appropriate arithmetical factor determined by the Australian Statistician;
(2)"Index Review Date" means each of the dates (if any) stated in Item 7 of the Reference Schedule;
(3)"Market Review Date" means each of the dates (if any) stated in Item 8 of the Reference Schedule;
(4)"Quarter" means a 3 month period; and
(5)"Review Date" means an Index Review Date or a Market Review Date as the context requires.
This clause 4.3 applies if Item 7 of the Reference Schedule has been completed by inserting Index Review Dates.
(1) Review
(a)The Rent will be reviewed on each Index Review Date to an amount represented by A in the following formula: A = B x D C
(i) B = the Index Number for the Quarter ending immediately prior to the relevant Index Review Date;
(ii) C = the Index Number for the Quarter ending 1 year prior to the Quarter in B; and (iii) D = the Rent payable immediately prior to the Index Review Date.
(a)If the Consumer Price Index (All Groups) for Brisbane is suspended or discontinued, the words "Index Number" will mean the price index substituted by the Australian Statistician.
(b)If no price index is substituted, the words "Index Number" will mean an index which the parties agree most closely reflects changes in the cost of living.
(c)If the parties cannot agree on a substitute index, the president of the Australian Institute, at the request of either party, may appoint an expert to determine a substitute index which most closely reflects changes in the cost of living and the words "Index Number" will mean that index.
(1)This clause 4.4 applies if Item 8 of the Reference Schedule has been completed by inserting Market Review Dates.
The Landlord may notify the Tenant of the Rent which it considers to be the market rent for the Premises at any time within 3 months before and 3 months after a Market Review Date.
(a)If the Landlord and the Tenant have not agreed on the market rent for the Premises within 30 days after service of the Landlord’s notice, the dispute must be referred for determination by a Valuer to be nominated by the president of the Australian Institute at the request of either the Landlord or the Tenant.
(b)The appointed Valuer will make a determination of the market rent as at the particular Market Review Date acting as an expert and not as an arbitrator.
(c)The Valuer must make a written determination containing reasons within 60 days of his appointment.
(d)The Valuer’s determination will be final and binding on the Landlord and the Tenant.
(e)The Valuer’s costs will be paid by the Landlord and the Tenant equally. Either party may pay the Valuer’s costs and recover one half of the amount paid from the other party.
(1)Until the determination of Rent has been made, the Tenant will pay Rent at the rate of 90% of the amount stated in the Landlord’s notice or the Rent payable at the date of the Landlord’s notice, whichever is the greater.
(2)Any variation in Rent as the result of review under clauses 4.3 or 4.4 will take effect on the Review Date.
(3)Within 14 days of the determination, the Landlord will refund any overpaid Rent or the Tenant will pay any shortfall.
Regardless of any other provision of this Lease the Rent payable from any Review Date will never be less than the Rent payable prior to the Review Date.
In this Lease the expressions "GST", "input tax credit", "supply", "taxable supply", "tax invoice", "recipient" and "consideration" have the meanings given to those expressions in A New Tax System (Goods and Services Tax) Act 1999
Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Lease are exclusive of GST.
If GST is imposed on any supply made under or in accordance with this Lease then:
(1)in addition to the consideration or other amount payable for the taxable supply; and (2)subject to the recipient receiving a valid tax invoice in respect of the taxable supply at or before the time of payment,
the recipient of the supply must pay to the supplier the amount of the GST payable on the taxable supply at the same time and in the same manner as payment for the supply must be made under this Lease.
If a party to this Lease is required to reimburse any other party for any expense (including any contribution to Outgoings), loss or liability incurred or to be incurred by the other party ("reimbursable expense"), the amount payable by the first party is the amount of the reimbursable expense net of input tax credits (if any).
(1)The term "Operating Expenses" means the total costs incurred by the Landlord in the operation and maintenance of the Building or the Land including:
(a)rates, taxes and charges payable to any government or other authority; state land tax will be included only if it is lawful to do so and then on the basis that the Land is the only land owned by the Landlord; (b)costs of sewerage, water supply and removal of garbage from the Building;
(c)insurance effected by the Landlord relating to the Building, its use and occupancy;
(d)costs of repairs or maintenance of the Building; (e)costs incurred in providing Services to the Building; (f)costs for the control of pests, vermin or insects or other similar infestation; (g)costs of cleaning the Common Areas; (h)costs of maintaining gardens; and (i)management costs.
(2)Operating Expenses does not include:
(a) the Landlord’s income tax or capital gains tax; (b)costs of structural repairs; or (c)expenses due solely to any tenant’s use of its premises.
(1)The term "Tenant's Proportion" means that proportion which the net lettable area of the Premises bears to the net lettable area of the Building.
(2)The Tenant's Proportion of Operating Expenses is the percentage stated in Item 12 of the Reference Schedule (if any); otherwise it is calculated in accordance with clause 6.2(1)
(1)The Tenant must pay the Tenant's Proportion of Operating Expenses to the Landlord within 14 days of service by the Landlord of a notice on the Tenant.
(2)Despite clauses 6.2(1) the Landlord may notify the Tenant of the Landlord's estimate of the Operating Expenses each year in advance.
(3)The Tenant must pay the Landlord the Tenant's Proportion of the estimate by equal monthly instalments in advance on the same days and in the same manner as the Tenant is required to pay Rent.
(4)At the end of each year following a review of Operating Expenses, any necessary adjustment between the estimated and actual Operating Expenses payable by the Tenant must be made within 1 month and any refund or further payment will be made by the relevant party.
(1)The Tenant must pay to the relevant authorities all charges for gas, electricity, water and telephone where they are separately metered to the Premises.
(2)The Tenant must pay the Landlord all expenses due solely to the Tenant's use of the Premises.
In this clause 7:
(1)"Reinstatement Notice" means a notice given by the Landlord to the Tenant of the Landlord’s intention to carry out the Reinstatement Works; and
(2)"Reinstatement Works" means the work necessary to: (a)reinstate the Building; or (b)make the Premises fit for occupation and use or accessible by the Tenant.
(1)If the Premises are damaged or destroyed so as to render any part of the Premises wholly or substantially: (a)unfit for occupation and use by the Tenant; or (b)inaccessible having regard to the nature and location of the Premises and the normal means of access to them; then from the date that the Tenant notifies the Landlord of the damage or destruction ("Damage Notice"): (c)the Rent; (d)any other money payable by the Tenant; and (e)the covenant to repair and maintain; will abate according to the nature and extent of the damage or destruction sustained.
(2)If clause 7.2(1) applies, the remedies for: (a)recovery of the Rent and any other money or a proportionate part falling due after the damage or destruction; or
(b)enforcement of the covenant to repair and maintain; will be suspended (or partially suspended as the circumstances require) from the date of the Damage Notice until the Premises are:
(c)restored; (d)made fit for the Tenant’s occupation and use; or (e)made accessible.
Either party may terminate this Lease by notice to the other unless the Landlord:
(1)within 3 months of receiving the Damage Notice, gives the Tenant a Reinstatement Notice; and (2)diligently proceeds within a reasonable time to carry out the Reinstatement Works.
(1)If the Landlord gives a Reinstatement Notice to the Tenant and fails to commence the Reinstatement Works within a reasonable time, the Tenant may give the Landlord notice of the Tenant’s intention to terminate this Lease ("Termination Notice").
(2)If the Landlord does not complete the Reinstatement Works within a reasonable time after receipt of the Termination Notice, the Tenant may terminate this Lease by giving not less than 1 month’s notice to the Landlord and, at the expiration of that period, this Lease will terminate.
Clauses 7.2, 7.3 and 7.4 will not apply where:
(1)the damage or destruction was caused by or contributed to, or arises from any wilful act of the Tenant or the Tenant’s Employees; or
(2)an insurer under any policy effected by the Landlord under clause 6.1(1)(c) refuses indemnity or reduces the sum payable under the policy because of any act or default of the Tenant or the Tenant’s Employees.
If the Landlord considers the damage to the Premises renders it impractical or undesirable to carry out the Reinstatement Works, the Landlord may terminate this Lease by giving the Tenant not less than 1 month’s notice ending on any day of the month and, at the expiration of that notice, this Lease will terminate.
No liability attaches to either party because of termination of this Lease under this clause 7 but that termination is without prejudice to the rights of either party for any antecedent breach or non-observance of any provision of this Lease.
(1)Any dispute under this clause 7 will be determined by a member of the Australian Institute appointed by the president at the request of either the Landlord or the Tenant.
(2)In making his determination, the appointed member will act as an expert and not as an arbitrator and his determination will be final and binding on both parties.
(3)The cost of the determination will be paid by both parties equally unless otherwise decided by the member.
(1)Nothing in this Lease obliges the Landlord to reinstate the Building or the Premises or the means of access to them.
(2)When reinstating the Building or the Premises, the Landlord is entitled to make such changes to their design, fabric, character or dimensions as are necessary due to any law or requirement.
If the Premises are damaged or destroyed and the Lease is terminated under this clause 7, the Tenant will have no interest in the insurance proceeds.
The Tenant must use the Premises for the purpose stated in Item 9 of the Reference Schedule only.
The Tenant must:
(1)not carry on or permit any noxious or offensive act to be carried on in the Premises;
(2)not cause annoyance, nuisance, grievance, damage or disturbance to occupiers of the Building or adjacent premises;
(3)not erect, paint, write or attach any sign upon any part of the Premises, the Building or the Land without the Landlord’s prior consent;
(4)not install any equipment in the Premises that may overload any Services;
(5)not use any of the Landlord’s Property other than for its intended purpose nor place in it any substance which it was not designed to receive;
(6)not make any alterations or additions to the electrical installations or wiring in the Premises without the Landlord’s prior consent;
(7)not alter or add to the Premises, install or alter any partitions, install any heavy article or disturb the efficient operation of the Services without the Landlord’s prior consent;
(8)not mark, paint, drill, deface or damage any part of the Premises;
(9)not do or omit to do anything to or upon the Premises which may increase the rate of any insurance on the Premises, the Building or any property in them; and
(10)not store chemicals, inflammable liquids, acetylene, gas, alcohol, volatile or explosive oils, compounds or substances on the Premises except if it is necessary and proper for the Tenant’s business permitted under this Lease.
The Landlord gives no warranty as to the suitability of the Premises for any purpose or the use to which the Premises may be put.
(1)Subject to clauses 8.4(2) and 8.4(3), the Landlord must comply at its cost with Official Requirements concerning the Premises, the Building and the Land.
(2)The Tenant must comply at its cost with Official Requirements: (a) relating to the Tenant’s use of the Premises; (b)relating to the Tenant’s use of the Property;
(c)under disability discrimination legislation involving non-structural work to the Premises; or (d)involving non-structural work to the Premises where the Official Requirements arise out of or are attributable to the Tenant’s use of or business in the Premises.
(3)The Tenant must bear the cost of compliance by the Landlord with Official Requirements:
(a)under disability discrimination legislation involving structural work to the Premises; or (b)involving structural work to the Premises where the Official Requirements arise out of or are attributable to the Tenant’s use of or business in the Premises.
(1)The Landlord may:
(a)place advertisements and signs on any part of the Premises it reasonably considers appropriate if the Premises are for sale or lease; and
(b)show any interested persons through the Premises after giving the Tenant 2 days’ notice.
(2)If the Premises are for lease, the advertisements and signs may only be placed on the Premises within the last 3 months of the Term.
The Tenant must:
(1)comply with all of the Landlord’s requirements in relation to participation in emergency evacuation procedures and drills and ensure that the Tenant’s Employees also participate in the procedures and drills; and
(2)not make or permit any of the Tenant’s Employees to make any Claim against the Landlord in connection with anything covered by this clause 8 and the Tenant indemnifies the Landlord against any Claim arising from the emergency evacuation procedures or drills.
If any thermal or fire detectors are required to be installed in the Premises by any Official Requirement because of the Tenant’s use of the Premises, they must be installed at the Tenant’s expense.
The Tenant must lock all doors and fasten all windows in the Premises when the Premises are not occupied.
(1)In common with other persons authorised by the Landlord, the Tenant and the Tenant’s Employees may use the Common Areas for the purposes for which they were designed or intended.
(2)The Tenant will comply with all reasonable directions and rules given to it by the Landlord relating to conduct in the Common Areas.
(3)The Tenant will not interfere with or impede other persons using the Common Areas nor will it permit any of the Tenant’s Employees to do so.
(1) The Tenant and the Tenant’s Employees are entitled to use the Car Parking Spaces for the purpose of parking vehicles. The Tenant and the Tenant’s Employees’ right to use the said Car Park under this clause is exclusive.
(2)The Tenant must on request provide the Landlord with a list of the make and number of the Tenant’s vehicles and the Tenant’s staff’s vehicles.
(1)The Tenant must: (a)keep the Premises, the Tenant’s Property and the Landlord’s Property in good repair and condition except for fair wear and tear, inevitable accident or inherent structural defect;
(b)paint the interior and exterior of the Premises at least once during the Term when the Landlord reasonably requires; and
(c)promptly replace broken or defective light bulbs and tubes and repair leaking taps and cisterns and clear blocked pipes within the Premises.
(2)The exception in clause 9.1(1) will not apply if insurance money is irrecoverable through the act, default, neglect, omission or misconduct of the Tenant or the Tenant’s Employees.
(3)Nothing in clause 9.1(1) imposes any obligation on the Tenant in respect of any major structural maintenance, replacement, renovation or repair unless required because of: (a)the act, omission, neglect, default or misconduct of the Tenant or the Tenant’s Employees; (b)the Tenant’s use of the Premises; or (c)other provisions of this Lease.
The Tenant must:
(1)keep the Premises thoroughly clean and tidy;
(2)keep the Premises free from dirt and rubbish, store all trade waste, shop refuse and garbage in proper receptacles and arrange for its regular removal from the Premises;
(3)keep the Tenant’s Property clean and maintained in good order and condition; and
(4)immediately repair or replace:
(a)broken glass with glass of the same quality; (b)damaged or inoperative electric light bulbs, globes, tubes and other means of illumination and light switches and power points which may become damaged or fail to operate; and
(c)Landlord’s Property which are broken or damaged by the Tenant or the Tenant’s Employees.
(1)Except in the case of emergency (when no notice will be required) after giving the Tenant 2 days’ notice, the Landlord and its agents may enter the Premises and view their condition.
(2)the Landlord may serve a notice on the Tenant requiring it to repair any defect, the repair of which is the Tenant’s obligation, within a reasonable time.
(3)If the Tenant does not make the repairs to the Landlord’s satisfaction, the Landlord and its agents may enter any part of the Premises and make the repairs at the Tenant’s expense.
(4)In exercising its powers under this clause 9.3, the Landlord will endeavour to cause as little inconvenience to the Tenant as is practicable in the circumstances.
(1)The Landlord may enter the Premises with workmen and other authorised persons and necessary materials and appliances to:
(a)comply with any Official Requirement involving the destruction of noxious animals, rodents or other pests;
(b)carry out any repairs, alterations, renovations, extensions or works;
(c)exercise the Landlord’s rights; or
(d)provide any Services to the Tenant.
(2)In carrying out work under this clause 9.4 the Landlord will endeavour to cause as little inconvenience to the Tenant as is practicable in the circumstances.
The Tenant must promptly give the Landlord notice of: (1)any damage to, defect or disrepair in the Services or the Landlord’s Property; and (2)any circumstances likely to cause any danger, risk or hazard to the Premises or any person.
The Tenant must obtain the Landlord’s consent before the Tenant assigns, sublets or deals with its interest in the Premises.
The Landlord must give its consent if: (1)the Tenant satisfies the Landlord that the new tenant is financially secure and has the ability to carry out the Tenant’s obligations in this Lease;
(2)the new tenant signs any agreement and gives any security which the Landlord reasonably requires; (3)the Tenant complies with any other reasonable requirements of the Landlord;
(4)the Tenant is not in breach of the Lease; and (5)the Tenant pays the Landlord’s reasonable costs of giving its consent.
If:
(1)the Tenant is a company that is not a listed public company, nor a subsidiary of a listed public company; and (2)it is proposed to change the shareholding of the Tenant or its holding company so that a different person or persons will control the board of directors or more than 50% of the voting shares, then the Tenant must not make the change unless it obtains the Landlord’s approval and complies with clause 10.2 as if the person or persons obtaining control was a proposed assignee.
(1)Without the Landlord’s prior consent, the Tenant will not mortgage, charge, lease or deal with any Tenant’s Property if that requires or may require the Landlord to sign a waiver or similar document.
(2)The consent will not be unreasonably withheld if: (a)the Tenant wishes to enter into a mortgage, charge or lease in good faith as a means of financing the Tenant’s Property; and
(b)the waiver is in a form acceptable to the Landlord and the Tenant pays the Landlord’s reasonable costs in relation to it.
(1) If any work undertaken by the Tenant would make the Premises a “workplace” within the meaning of Section 8 of the Work Health and Safety Act 2011 (“Act”), the Tenant (as a “person with management or control of a workplace” or a “person with management or control of fixtures, fittings or plant at a workplace” for the purposes of the Act) must comply with each applicable health and safety duty within the meaning of Section 30 of the Act.
(2)The Tenant indemnifies the Landlord against any liability of the Landlord under the Act in respect of the Tenant’s work.
(3)The provisions of this clause 11 apply regardless of whether the work is to be carried out under the supervision of the Landlord or any person nominated by the Landlord.
(1)an adequate public risk insurance policy for $20,000,000; and
(2)an adequate insurance policy covering any windows, doors, plate glass and display showcases forming part of or in the Premises for the full insurable reinstatement cost.
The Tenant must ensure that all policies of insurance effected or required to be effected by the Tenant under this clause 12:
(1)are taken out with an insurer approved by the Landlord;
(2)are for an amount, cover risks and contain conditions which are acceptable to the Landlord and its insurer;
(3)have no exclusions, endorsements or alterations unless first approved by the Landlord; and
(4)are taken out in the joint names of the Landlord and the Tenant for their respective rights and interests.
(1)The Tenant must promptly pay all premiums and other money payable in respect of its insurances.
(2)If requested by the Landlord, the Tenant must produce policies of insurance which the Tenant is required to effect under this clause 12 and the receipt for the latest premium payable.
(a)All property in the Premises is at the Tenant’s sole risk.
(b)The Landlord is not liable for any Claim by the Tenant, the Tenant’s Employees or any person which may arise from: (i)any fault in the construction or state of repair of the Premises; (ii)any defect in the Services or the Landlord’s Property; or (iii)the flow, overflow, leakage, condensation or breakdown of any water, air conditioning, gas, oil or other source of energy or fuel from or in any part of the Building; or (iv)from any other cause except as a result of the negligence of the Landlord, its employees, contractors, invitees or agents.
(a)The Tenant occupies and uses the Premises at the Tenant’s risk.
(b)To the full extent permitted by law, the Tenant releases the Landlord from liability for any Claim in respect of or arising from: (i)any property in the Premises;
(ii)damage or injury to any person or property in the Premises; or (iii)any of the circumstances set out in clause 12.4(1)(b); unless the Claim results from the negligence of the Landlord, its employees, contractors, invitees or agents.
The Tenant indemnifies the Landlord against all Claims arising during or after the Term from:
(1)any cause relating to the Premises, any property or any person inside or outside the Premises occasioned or contributed to by any act, neglect or default of the Tenant or the Tenant’s Employees;
(2)the negligent use or neglect of the Services and facilities in the Premises or the Landlord’s Property by the Tenant, the Tenant’s Employees, any other person claiming by, through or under the Tenant or any trespasser while in the Premises;
(3)the overflow or leakage of water from any source including the Services or the Landlord’s Property;
(4)the Tenant’s failure to give notice to the Landlord of any defect in the Services;
(5)any person’s accidental death or damage to property caused or contributed to by the use of the Premises by the Tenant or the Tenant’s Employees; and
(6)damage to plate and other glass caused or contributed to by any act or omission by the Tenant or the Tenant’s Employees;
unless the Claim arises from the negligence of the Landlord, its employees, contractors, invitees or agents.
If the Tenant performs and observes all its obligations under this Lease, it may use the Premises without interruption or disturbance from the Landlord or any person claiming by, through or under the Landlord.
(1)This Lease is conditional on the written consent of the mortgagee under any mortgage registered over the Land prior to the date of this Lease.
(2)If the mortgagee’s consent is not obtained for any reason other than the default of the Landlord within a reasonable time after the commencement of the Term, then the Landlord may terminate this Lease without compensation to the Tenant.
(3)The Landlord and the Tenant must sign a deed containing the reasonable terms and conditions of consent required by the mortgagee.
The Tenant is in default if:
(1)the Rent or any money payable by the Tenant is not paid when due;
(2)repairs required by any notice are not carried out by the Tenant within the time specified in the notice;
(3)the Tenant fails to perform or observe any of its covenants or obligations under this Lease;
(4)the Tenant assigns its property for the benefit of creditors; or
(5)the Tenant becomes an externally-administered body corporate within the meaning of the Corporations Law
Subject to giving any prior demand or notice required by any law and without prejudice to any other Claim which the Landlord has or may have against the Tenant or any other person in respect of default, if the Tenant defaults as specified in clause 14.1 the Landlord may:
(1) re-enter and take possession of the Premises (by force if necessary) and eject the Tenant and all other persons and this Lease will terminate;
(2)by notice to the Tenant, terminate this Lease from the date of giving the notice; and/or
(3)by notice to the Tenant, convert the unexpired portion of the Term into a tenancy from month to month and, after the notice and until the tenancy is terminated, the Tenant will occupy the Premises as tenant from month to month.
Without notice to the Tenant, any costs incurred by the Landlord in remedying a default may be treated by the Landlord as a liquidated debt payable by the Tenant.
(1)No waiver by the Landlord will be effective unless it is in writing.
(2)The Landlord’s failure to take advantage of any default by the Tenant will not be construed as waiving the default.
(3)No custom or practice which evolves between the parties will constitute a waiver or lessen the Landlord’s right to insist upon the Tenant’s strict performance or observance of any provision of this Lease or to exercise any of the Landlord’s other rights.
(4)Regardless of the Landlord’s knowledge at the time, a demand by it for Rent or other money payable under this Lease or the subsequent acceptance of Rent or other money will not constitute a waiver of any earlier default by the Tenant.
Any money tendered by the Tenant after termination and accepted by the Landlord will be applied towards money owing under this Lease at the Landlord’s discretion.
(1)The Tenant must pay interest to the Landlord at the Default Rate on any Rent, costs or other money due to the Landlord and not paid when due.
(a)accrues from day to day;
(b)is capitalised on the last day of each month; (c)is payable on the first day of each month where an amount arose in the preceding month or months; and
(d)is computed from the date for payment of the Rent, costs or other money until payment.
(i)the Tenant’s conduct constitutes breach of an essential provision of this Lease and the Landlord elects to treat that breach as repudiation or the conduct otherwise constitutes repudiation; and (ii)the Landlord elects to accept that repudiation and terminate this Lease; the Tenant must compensate the Landlord for all loss or damage suffered by reason of or arising from the repudiation.
(b)The following covenants are considered to be essential:
(i)to pay Rent [clause 4.1];
(ii)to pay Operating Expenses [clause 6.2]; (iii)to pay GST [clause 5];
(iv)to use the Premises for the use stated in Item 9 of the Reference Schedule [clause 8.1];
(v)to comply with Official Requirements [clause 8.4];
(vi)not to assign, sublet or charge without consent [clause 10.1];
(vii)to repair [clause 9.1];
(viii)not to make alterations [clause 8.2]; and (ix)to insure [clause 12.1].
Any loss or damage for the unexpired residue of the Term suffered by the Landlord as a result of the Tenant’s repudiation may be recovered as damages at any time.
The Landlord’s entitlement to recover damages from the Tenant or any other person is not limited or affected by any of the following:
(a)if the Tenant abandons or vacates the Premises; (b)if the Landlord elects to re-enter the Premises or terminate this Lease; (c)if the Landlord accepts the Tenant’s repudiation; or (d)if the parties’ conduct (or that of any of their servants or agents) constitutes or may constitute a surrender by operation of law.
(1)If the Landlord accepts the Tenant’s repudiation and terminates this Lease, the Landlord must take reasonable steps to mitigate its loss and endeavour to re-lease the Premises on reasonable terms.
(2)The Landlord’s entitlement to damages must be assessed on the basis that the Landlord has observed the obligation to mitigate damages.
Following repudiation by the Tenant if the Landlord terminates this Lease then, without prejudice to any other right or remedy, the Landlord may recover the difference between the aggregate of Rent and other money payable by the Tenant for the unexpired residue of the Term less any amount the Landlord obtains, or could in the Landlord’s opinion reasonably be expected to obtain, by observing clause 14.8
On termination the Tenant must:
(1)deliver the Premises to the Landlord in good repair, order and condition;
(2)remove all the Tenant’s Property from the Premises; and
(3)not damage the Premises in the removal of the Tenant’s Property. If the Tenant does so, it will repair any damage and leave the Premises clean.
If the Tenant fails to remove the Tenant’s Property as required by clause 15.1, the Landlord may:
(1)remove and store the Tenant’s Property at the Tenant’s risk and expense; or
(2)treat the Tenant’s Property as if the Tenant had abandoned its interest in them and they had become the Landlord’s property and deal with them as it thinks fit without being liable to account to the Tenant.
(1)indemnifies the Landlord against the removal and storage of the Tenant’s Property and against all Claims by any person claiming an interest in the Tenant’s Property by reason of the Landlord’s actions under clause 15.2; and
(2)must pay the Landlord, as a liquidated debt payable on demand, any costs incurred by the Landlord in exercising its rights under clause 15.2 less any money received on disposal of the Tenant’s Property.
(1)Any notice by the Landlord under this Lease is valid if signed by an officer or solicitor of the Landlord or any other person nominated by the Landlord.
(2)The Tenant must promptly notify the Landlord of the address and facsimile number of the Tenant and any Guarantor and update the notice if any changes occur.
(3)Any notice which the Landlord elects to serve on the Tenant is sufficiently served if: (a)served personally or addressed to the Tenant and left at the Premises; (b)sent to the Tenant’s facsimile number; or (c)forwarded by prepaid registered post to the Tenant’s last known registered office, place of business or residence.
(4)Any notice to the Landlord is sufficiently served if: (a)served personally; (b)sent to the Landlord’s facsimile number; or (c)forwarded by prepaid registered post addressed to the Landlord.
(5)All notices must be addressed to the Landlord at the address stated in this Lease or, if another address is later nominated by the Landlord, then at that address.
(6)Any notice sent by: (a)post is taken to be served on the second business day after the day it was posted; or (b)facsimile is taken to have been served at the time that the notice was transmitted unless the sender’s facsimile machine indicates a malfunction in the transmission.
The Tenant will pay the Landlord on demand:
(1)stamp duty and registration fees on this Lease including any fines and penalties except those due to the Landlord’s default;
(2)the Landlord’s reasonable expenses in connection with: (a)the preparation, completion, stamping and registration of this Lease;
(b)any assignment, subletting or extension;
(c)any surrender or termination of this Lease except through its expiry;
(d)any default by the Tenant or the Tenant’s Employees in observing or performing the provisions of this Lease;
(e)obtaining the consent of any mortgagee of the Land and production of the title deed (if any);
(f)obtaining local government consent to this Lease (if necessary); and
(g)any consent required under this Lease;
(3)the costs associated with complying with any conditions of consent to this Lease; and
(4)surveyor’s fees for preparation of any plan required for registration of this Lease.
Except where a court determines otherwise and regardless of whether the Tenant is a party to the litigation, the Tenant must pay the Landlord’s costs of litigation arising from the Tenant’s occupancy of the Premises.
(1)The Landlord reserves the following rights:
(a)after reasonable notice (except in emergency when no notice will be necessary) the right to install, repair, alter or replace any Services;
(b)to grant, transfer, dedicate or otherwise enter into any arrangement in relation to the Land for the purpose of supporting structures on or providing Services or access to the Land or adjoining land; and (c)the exclusive right to use any part of the Building or the Land which is not leased and the Landlord may erect or display advertising signs, grant leases or licences or authorise any person to use those areas for any purpose.
(2)The Landlord must not exercise these rights in any way that prejudices the Tenant's rights under this Lease.
(1)The Tenant irrevocably nominates and appoints individually the Landlord, its officers and any nominee appointed in writing for the purposes of this clause 16.5 to be the attorney of the Tenant.
(2)At any time after the power to re-enter contained in this Lease has arisen (proof of which will be a statutory declaration of the Landlord or an officer of the Landlord) the attorney may execute and register a transfer or a surrender of this Lease or withdrawal of caveat.
(3)In doing so, the attorney may use the Tenant’s name and do anything relating to the Premises which the Tenant could do.
(4)The Tenant will ratify and confirm any lawful act of the attorney.
(5)The Registrar of Titles is authorised to act upon the statutory declaration and to accept it as sufficient evidence of the termination of this Lease.
If on or after the Commencement Date, the Tenant holds this Lease as trustee, then, even if the Landlord is not aware of the trust, the following provisions apply:
(1)the Tenant enters into this Lease both as trustee of the trust and in its personal capacity;
(2)the Tenant:
(a)warrants it has power under the trust to enter into this Lease;
(b)warrants it has a right of indemnity under the trust;
(c)assigns any right of indemnity it has under the trust to the Landlord and must do anything necessary to give effect to the assignment;
(d)must not do anything to prejudice any right of indemnity it has under the trust; (e)must not breach the trust;
(f)warrants it enters into this Lease in the due administration of the trust; and
(g)must do everything necessary to make available the assets of the trust to rectify a default of this Lease and compensate the Landlord for the default.
If Item 5a of the Reference Schedule contains a proposed further term and the Tenant: (1)wishes to lease the Premises for the further term; (2)gives notice to that effect to the Landlord not more than 6 months and not less than 3 months before the Term expires; and (3)has not breached an essential term of this Lease [as set out in clause 14.7]; the Landlord must grant a lease of the Premises ("Further Lease") to the Tenant upon the same terms and conditions as this Lease.
In the Further Lease, the reference schedule is varied as follows: Item 4 Term :
2 years commencing on 1st February 2019 and terminating on 31st January 2021
Item 5a First Option to Renew
to
years commencing on 1st February 2021 and terminating on 31st January 2023
week
17.3 Omission of Clauses 17.1 to 17.3
Clauses 17.1 to 17.3 inclusive will be omitted from the Further Lease.
The Landlord, the Tenant and the Guarantor (if any) must sign an instrument of amendment under section 67 of the Land Title Act 1994 or a further Lease within a reasonable time after service on the Landlord of a notice under clause 17.1
If Item 5b of the Reference Schedule contains a proposed further term and the Tenant:
(1)wishes to lease the Premises for the further term;
(2)gives notice to that effect to the Landlord not more than 6 months and not less than 3 months before the Term expires; and
(3)has not breached an essential term of this Lease [as set out in clause 14.7];
the Landlord must grant a lease of the Premises ("Further Lease") to the Tenant upon the same terms and conditions as this Lease.
Item 4 Term :
2 years commencing on 1st february 2021 and terminating on 31st January 2023
Item 5a First Option to Renew
Item 5b Second Option to Renew :
Item 6 Rent :
Not applicable
An amount to be agreed between the Landlord and the Tenant, or failing agreement 2 months before the Term expires, an amount to be determined by following the procedure set out in clause 4.4 as if the last day of the Term was a Market Review Date but in any event not less than the Rent payable in the last year of the Term.
Item 7 Index Review Dates :
Item 8 Market Review Dates :
17.7 Omission of Clauses 17.5 to 17.7
1st February 2021, 2022
Not applicable
Clauses 17.5 to 17.7 inclusive will be omitted from the Further Lease.
The Landlord, the Tenant and the Guarantor (if any) must sign an instrument of amendment under section 67 of the Land Title Act 1994 or a Further Lease within a reasonable time after service on the Landlord of a notice under clause 17.5
If Security Deposit details have been inserted in Item 11, this clause 18 applies.
The Tenant must pay the Landlord a security deposit of an amount equal to 3 months’ Rent and 3 months’ Tenant’s proportion of Operating Expenses ("Security Deposit") to be held by the Landlord as a bond and security for the performance by the Tenant of its obligations.
The Security Deposit will be held by the Landlord or the Landlord’s solicitor in an interest-bearing bank account.
The Tenant:
(1)charges the Security Deposit in favour of the landlord for the duration of this Lease and any further term with the performance by the Tenant of all of its obligations;
(2)authorises the Landlord to make withdrawals from the Security Deposit under clause 18.5; and
(3)must sign any documents that the Landlord requires to enable the Landlord to be paid any part of the Security Deposit.
The Landlord may apply the Security Deposit towards the payment of any money payable by the Tenant to the Landlord under this Lease.
If the Landlord applies the Security Deposit under clause 18.5, the Tenant must, within 14 days of being so requested by the Landlord, pay any deficiency in the Security Deposit so that the Security Deposit is reinstated to its full amount.
(1)Application of the Security Deposit by the Landlord does not prejudice the Landlord’s other rights.
(2)The Landlord’s failure to apply the Security Deposit does not constitute a waiver.
The Landlord is not liable for any bank fees or charges on the interest-bearing account. Any bank fees must be deducted from the Security Deposit.
(a)shall be reinvested to the extent necessary to increase the Security Deposit on each Review Date to an amount equal to 3 months’ Rent and 3 months’ Tenant’s proportion of Operating Expenses; and (b)where there is an excess after complying with clause 18.9(1), shall be paid to the Tenant.
(2)In this clause 18.9, "Review Date" means a Rent/Index Review Date or a Market Review Date as the context requires.
The Landlord must pay the balance of the Security Deposit to the Tenant (including any interest) within 28 days after the Lease terminates.
If the Landlord sells the Land, it may pay the Security Deposit, or assign its interest in it, to the purchaser of the Land. On doing so, the Landlord is discharged from any liability to the Tenant or any other person in relation to the Security Deposit.
The Tenant may pay the Security Deposit by way of Bank Guarantee and if they elect to do so the following clauses 18.13 to 18.15 will apply.
(1)Before the commencement date of this Lease, provide an unconditional bank guarantee approved by the Landlord for the amount stated in Item 11 of the Reference Schedule;
(2)Increase the amount of the bank guarantee each time there is a rent review, to an amount equivalent to 3 months’ Rent and 3 months’ Tenant’s proportion of Operating Expenses.
(3)Ensure that the bank guarantee is kept current and enforceable until at least two (2) months after the end of the Term and option periods; and
(4)If the Landlord makes demand on the bank guarantee, provide a replacement bank guarantee for the amount demanded by the Landlord.
If the Tenant does not comply with any of its obligations under this Lease, the Landlord may call on the bank guarantee to the extent of the Tenant’s default.
If the Landlord sells the Lot, then in exchange for the Tenant providing a replacement bank guarantee in favour of the purchaser of the Lot, the Landlord will return the bank guarantee to the Tenant.
Clauses 19.2 to 19.9 apply if Item 10 of the Reference Schedule has been completed by inserting details of Guarantors.
In consideration of the Landlord granting this Lease to the Tenant at the Guarantor’s request, the Guarantor guarantees to the Landlord:
(1)the payment by the Tenant of the Rent and other money agreed to be paid; and
(2)prompt performance and observance of all of the Tenant’s covenants and obligations contained or implied in this Lease.
If the Tenant is not bound by some or all of its obligations under this Lease, the Guarantor agrees, by way of indemnity and principal obligation, to pay to the Landlord the amount which would have been payable by the Guarantor to the Landlord under the guarantee in clause 19.2 had the Tenant been bound.
The Landlord’s rights and the Guarantor’s liability under clauses 14 and 19 are not prejudiced or affected by:
(1)the granting of any time, credit, forbearance, indulgence or concession by the Landlord to the Tenant or any Guarantor;
(2)any absolute or partial release of the Tenant or any Guarantor or any compromise with the Tenant or any Guarantor;
(3)any variation of this Lease, extension or renewal of the Term holding over or continued occupation of the Premises by the Tenant;
(4)any composition, compromise, release, discharge, arrangement, abandonment, waiver, variation, relinquishment or renewal of any security or right by the Landlord;
(5)any assignment of this Lease or sublease of any part of the Premises;
(6)the termination of this Lease;
(7)the fact that the Rent or any other money may not be recoverable, may cease to be recoverable or may never have been recoverable or that any transaction affecting the Rent or the obligations contained in this Lease is or was wholly or partially void, voidable or unenforceable;
(8)any failure to sue or agreement not to sue or any dealing, act or omission (whether constituting a waiver, election, estoppel or otherwise) by the Landlord with respect to the Rent, other money payable or the obligations under this Lease;
(9)any fact, circumstance, legal disability or incapacity which would otherwise release the Tenant or any Guarantor from its obligations;
(10) non-execution of this Lease by one or more of the persons named as Guarantor or the unenforceability of this guarantee and indemnity against one or more of the Guarantors; or
(11)the exercise or purported exercise by the Landlord of its right of re-entry.
This guarantee and indemnity is irrevocable and remains in force until the Tenant has performed and observed all its obligations under this Lease.
(1)The Guarantor’s liability is not discharged by any payment to the Landlord which is later avoided by law.
(2)If that happens the Landlord, the Tenant and the Guarantor will be restored to their respective rights as if the payment had not been made.
If a liquidator disclaims this Lease, the Guarantor indemnifies the Landlord against any resulting Claim by the Landlord for the residue of the Term.
(1)The Guarantor must not prove or claim in any liquidation, composition, arrangement or assignment for the benefit of creditors until the Landlord has received 1004 in the dollar of all money payable to it by the Tenant.
(2)The Guarantor must hold any proof, claim or dividend received by it on trust for the Landlord.
(1)This guarantee and indemnity covers the period while the Tenant occupies or is entitled to occupy the Premises as tenant under a tenancy at will or periodic tenancy or holds an equitable interest in the Premises under an agreement for lease.
Without limiting clause 19.2, if registration of this Lease is required to create a legal leasehold estate, then until this Lease is registered it operates from the beginning of the Term as an agreement for lease.
and Sewerage Charges
appliances. They are not always visible so the best method of detection is to read your water meter regularly. Ensuring that your water meter box is clear of dirt, mud and other debris
event of a leak at your property. If your consumption increases dramatically for no obvious reason, there could be a hidden leak.
Water is our most valuable asset, for without it, we wouldn’t be here. That’s why Gympie Regional Council have a number
water is of the highest quality. Here are some tips to help residents save water.
• Leaving the water on while doing the nightly routine is habit for some down the drain.
•
A continually dripping tap can waste up to 600 litres a day. Replace tap washers when required.
• to prevent evaporation (1000 litres per hour).
• will mean it needs about 30 per cent less water. so the water will soak in. Garden mulch can prevent up to 80 per cent of evaporation loss. online calculator, visit .
The biggest water users in the home are washing machines, showers, taps and toilets. Using more water-efficient products could save $175 per household per year.
Showers make up 22 per cent of total household water use. Swapping to water efficient shower heads can save 20,000L of water per year.
Use a shower timer.
Brush your teeth with the tap off.
Choose the half flush.
Only run appliances (washing machines and dishwashers) when they are full.
Save water and energy by reducing shower times to four minutes.
Regularly check for water leaks.
Avoid watering outdoor areas and gardens in the heat of the day and when it is windy. Use mulch in garden beds to help retain soil moisture.
Use drought tolerant native plants.
Use a broom when tidying outdoor areas instead of a hose.
Reduce evaporation from pools and spas by using a properly fitted cover.
Web: http://www.yib.com.au
Number:
Account Manager:
Notes: Property Owners Liability for Cardboard Baling Facility
Policy Number
Period of Insurance From 4pm 28/07/2020 to 4pm 28/07/2021
Effective Date 28/07/2020
Named Insured
Named Insured
Property Pty Ltd as Trustee for the DPT Trust Address 262-264 Brisbane Rd Monkland QLD 4570
Business Property Owner - Factory/Industrial
Business Description Property Owner of Cardboard & Paper Baling Facility operated by HELP Enterprises
Turnover $125,000
Staff 1
Steadfast Client Trading Platform (SCTP) Liability Policy 2017
Public Liability
$20,000,000
In respect of any one claim or series of claims arising out of any one Occurrence
Products Liability $20,000,000
In respect of any one claim or series of claims, and in the aggregate during any one Period of Insurance
Product Recall Expenses Not Insured
Errors and Omissions
Insured
Care, Custody and Control $250,000
Exports to North America
Personal Injury
Insured
$1,000
Property Damage $1,000
It is hereby declared and agreed that clause 3.16 is deleted in its entirety and replaced with the following:
for Property Damage to property in Your physical or legal care, custody or control; but this exclusion shall not apply with regard to:
3.16.1 the personal property, tools and effects of any of Your directors, partners, proprietors, officers, executives or employees, or the clothing and personal effects of any of Your visitors.
3.16.2 premises or part(s) of premises (including their contents) leased or rented to, or temporarily occupied by, You for the purpose of the Business, but no cover is provided by this Policy if You have assumed the responsibility to insure such premises.
3.16.3 premises (and/or their contents) temporarily occupied by You for the purpose of carrying out work in connection with the Business, or
3.16.4 any Vehicle (including its contents, spare parts and accessories while they are in or on such Vehicle) not belonging to or used by You, whilst any such Vehicle is in a car park owned or operated by You; provided that You do not operate the car park for reward, as a principal part of Your business.
3.16.5 notwithstanding Exclusion clause 3.6 “Contractual Liability”, any property (except property that You own) not mentioned in clauses 3.16.1 to 3.16.4 above whilst in Your physical or legal care, custody or control whether or not You have accepted or assumed legal liability for such property. Provided that Our liability under this clause 3.16.5 shall not exceed the sub-limit specified in the Schedule in respect of any one claim or series of claims arising out of any one Occurrence.
It is a condition of this insurance that all tenants located in any Property owned or managed by You shall hold Public and Products Liability insurance:
a) with a minimum limit of AUD$10,000,000 any one Occurrence for Public Liability and AUD$10,000,000 any one Occurrence and in the aggregate for Products Liability; and b) the policy shall be extended to provide indemnity to You in respect of any negligence or act committed by the tenant.
Furthermore You shall not
(i) waive or have waived Your rights of recourse against, or (ii) agree or have agreed to hold harmless any such tenants.
Subject otherwise to all other terms, conditions, exclusions and limitations of this insurance.
Listed Human Disease Exclusion - Steadfast SCTP Liability 2017
We do not cover any liability directly or indirectly caused by, arising out of, resulting from, in consequence of, in connection with or contributed to a Listed Human Disease or any directly or indirectly related condition or threat or fear thereof (whether actual or perceived).
Listed Human Disease shall mean:
a) any disease identified or listed at any time as a human disease under the Biosecurity Act 2015 (Cth) or its current equivalent, as amended or replaced from time to time, or
b) any disease identified or listed in a state of emergency, public health emergency or pandemic declared by any governmental authority or identified by the World Health Organisation or its current equivalent as amended or replaced.
regardless of when the disease is so listed or identified.
Subject otherwise to all other terms, Conditions, Exclusions and limitations of this insurance.
Note: This invoice and schedule is only a summary which should be read in conjunction with your Policy Wording for the full scope of cover provided and exclusions that may apply.
If there is a refund of premium owed to you as a result of a cancellation or alteration to a policy (excluding cancellation within the cooling off period), we will retain any fee we have charged you and reserve the right to retain the full commission.
Please read this information carefully and contact us immediately if you have any queries.
Before you enter into a Contract of general insurance with an Insurer, you have a duty under the Insurance Contracts Act 1984 to disclose to the Insurer every matter that you know, or could reasonably expect to know, is relevant to the Insurer’s decision whether to accept the risk of insurance and if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a Contract of general insurance. Your duty however does not require disclosure of matter, that diminishes the risk to be undertaken by the Insurer, that is common knowledge, that your Insurer knows or, in the ordinary course of business, ought to know as to which the compliance with your duty is waived by the Insurer.
If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce the liability under the Contract in respect of a claim or may cancel the Contract. If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the Contract from its beginning. If you are not fully satisfied with our services, you should contact our customer relations/complaints officer.
We also subscribe to the Australian Financial Complaints Authority (AFCA), which is a free customer service and the General Insurance Brokers Code of Practice. Further information is available from this office or contact the AFCA on 1800 931 678 or go to www.afca.org.au
Personal insurance (e.g. home and contents policies), and Business insurance (e.g. fire, business interruption, industrial special risks) often contain an average clause. Such clauses enable the insurer to reduce your claim settlement in proportion to the amount of any underinsurance. Therefore, you should always insure for full value, which may be replacement, indemnity or market value depending on the type of cover arranged.
Advise us immediately of any changes to the risk covered or your circumstances. Some examples of such changes are: change of location, risk, activity, insured names, values to be insured, installation or removal of smoke or burglar alarms and the like.
To ensure any entitlement under your policy is protected, you must report all incidents that may give rise to a claim against you to the Insurers without delay after such incidents come to your attention and prior to the expiration of the policy period. Your attention is also drawn to the fact that your policies do not provide indemnity in respect of events that occurred PRIOR to commencement of the insurance contract. Cooling Off Period
This product is subject to a Cooling Off Period which means you are entitled to a minimum 14 day cooling off period during which time you may return the policy and receive a premium refund. We will return the commission to the Insurer, however we reserve the right to retain our fees. The cooling off period is subject to legal requirements and terms and conditions of the policy. You should check the relevant Product Disclosure Statement (PDS) for full details.
Always ensure you advise us of every interested entity so that each can be properly advised to the insurer and noted as insured and/or for their respective rights and interests. Most policies will exclude indemnity to parties unless their interest is noted on the policy.
When you lease, hire or borrow property, make sure that the contract clearly identifies who is responsible to insure the property. This will help avoid arguments after a loss and ensure that any claims are efficiently processed.
In the event you fail to fulfil the requirements of a funding contract, the premium funder has full power of attorney over your policy(ies). The funder can request the Insurer to cancel your policy(ies) and the funder has the right to any refund of premium. In this instance we are obliged to act on the instructions of the Funder.
The PDS will be provided to you (or will be passed to you as soon as it is received from the Insurer). It is in your best interests to read this document without delay and advise us of any aspects which are not clear to you or where any aspect of the cover does not meet with your requirements.
We are committed to protecting your privacy. We use the information you provide to advise about and assist with your insurance needs. We provide your information to insurance companies and agents that provide insurance quotes and offer insurance terms to you or the companies that deal with your insurance claim (such as loss assessors and claims administrators). Your information may be given to an overseas insurer (like Lloyd’s of London) if we are seeking insurance terms from an overseas insurer, or to reinsurers who are located overseas. We will try to tell you where those companies are located at the time of advising you. We also provide your information to the providers of our policy administration and broking systems that help us to provide our products and services to you. We do not trade, rent or sell your information. If you don’t provide us with full information, we can’t properly advise you, seek insurance terms for you, or assist with claims and you could breach your duty of disclosure.
For more information about how to access the personal information we hold about you and how to have the information corrected and how to complain if you think we have breached the privacy laws, ask us for a copy of our Privacy Policy or visit our website for more details.
If you instruct us to place your insurance with an Underwriting Agency or another Financial Services Provider, you are entitled to receive a Financial Services Guide (FSG) as issued by that provider. This can be provided to you on request.
Every contract of insurance is subject to the doctrine of utmost good faith which requires that the parties to the contract should act toward each other with the utmost good faith. Failure to do so on your part may prejudice any claim or the continuation of cover provided by Insurers.
Web: http://www.yib.com.au
Number:
Account Manager:
of Cover
28/07/2020
Cover Summary
Situation:
Road MONKLAND
Cover Taken
Property Damage Taken
Business Interruption Taken
Theft Taken Money Not Taken
Machinery Breakdown Not Taken
Electronic Equipment Breakdown Not Taken
Public & Products Liability Taken
Glass Taken
General Property Not Taken
Dishonesty Not Taken
Not Taken
Audit Not Taken
Floors
(EPS)
on steel
Iron/Steel/Aluminium on steel
-
Protection Fire Extinguishers, Hose Reels
Buildings
475,000
Method of Settlement Reinstatement or replacement Contents
10,000 Method of Settlement Reinstatement or replacement Stock
Included in Contents
Extra cost of reinstatement
of debris
of records
surfaces
As per policy wording
As per policy wording
As per policy wording
As per policy wording
or 1% of the Total Sum Insured, whichever is the lower amount.
Do you engage contractors and/or subcontractors in your business
Do you engage labour hire or hired in labour in your business
Do you require cover for inspection reports and certificates (personal injury or property damage)
Do you require cover for inspection reports and certificates (financial losses only)
or legal
The Public and products liability cover section of this Policy does not cover liability in respect of Personal injury, Property damage or Advertising injury arising out of or in connection with any Business, Profession, Trade or Manufacturing Operations other than as owner of Property (the subject of this Indemnity) conducted by You.
Note: This invoice and schedule is only a summary which should be read in conjunction with your Policy Wording for the full scope of cover provided and exclusions that may apply.
If there is a refund of premium owed to you as a result of a cancellation or alteration to a policy (excluding cancellation within the cooling off period), we will retain any fee we have charged you and reserve the right to retain the full commission.
Please read this information carefully and contact us immediately if you have any queries.
Before you enter into a Contract of general insurance with an Insurer, you have a duty under the Insurance Contracts Act 1984 to disclose to the Insurer every matter that you know, or could reasonably expect to know, is relevant to the Insurer’s decision whether to accept the risk of insurance and if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a Contract of general insurance. Your duty however does not require disclosure of matter, that diminishes the risk to be undertaken by the Insurer, that is common knowledge, that your Insurer knows or, in the ordinary course of business, ought to know as to which the compliance with your duty is waived by the Insurer.
If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce the liability under the Contract in respect of a claim or may cancel the Contract. If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the Contract from its beginning. If you are not fully satisfied with our services, you should contact our customer relations/complaints officer.
We also subscribe to the Australian Financial Complaints Authority (AFCA), which is a free customer service and the General Insurance Brokers Code of Practice. Further information is available from this office or contact the AFCA on 1800 931 678 or go to www.afca.org.au
Personal insurance (e.g. home and contents policies), and Business insurance (e.g. fire, business interruption, industrial special risks) often contain an average clause. Such clauses enable the insurer to reduce your claim settlement in proportion to the amount of any underinsurance. Therefore, you should always insure for full value, which may be replacement, indemnity or market value depending on the type of cover arranged.
Advise us immediately of any changes to the risk covered or your circumstances. Some examples of such changes are: change of location, risk, activity, insured names, values to be insured, installation or removal of smoke or burglar alarms and the like.
To ensure any entitlement under your policy is protected, you must report all incidents that may give rise to a claim against you to the Insurers without delay after such incidents come to your attention and prior to the expiration of the policy period. Your attention is also drawn to the fact that your policies do not provide indemnity in respect of events that occurred PRIOR to commencement of the insurance contract.
This product is subject to a Cooling Off Period which means you are entitled to a minimum 14 day cooling off period during which time you may return the policy and receive a premium refund. We will return the commission to the Insurer, however we reserve the right to retain our fees. The cooling off period is subject to legal requirements and terms and conditions of the policy. You should check the relevant Product Disclosure Statement (PDS) for full details.
Always ensure you advise us of every interested entity so that each can be properly advised to the insurer and noted as insured and/or for their respective rights and interests. Most policies will exclude indemnity to parties unless their interest is noted on the policy.
When you lease, hire or borrow property, make sure that the contract clearly identifies who is responsible to insure the property. This will help avoid arguments after a loss and ensure that any claims are efficiently processed.
In the event you fail to fulfil the requirements of a funding contract, the premium funder has full power of attorney over your policy(ies). The funder can request the Insurer to cancel your policy(ies) and the funder has the right to any refund of premium. In this instance we are obliged to act on the instructions of the Funder.
The PDS will be provided to you (or will be passed to you as soon as it is received from the Insurer). It is in your best interests to read this document without delay and advise us of any aspects which are not clear to you or where any aspect of the cover does not meet with your requirements.
We are committed to protecting your privacy. We use the information you provide to advise about and assist with your insurance needs. We provide your information to insurance companies and agents that provide insurance quotes and offer insurance terms to you or the companies that deal with your insurance claim (such as loss assessors and claims administrators). Your information may be given to an overseas insurer (like Lloyd’s of London) if we are seeking insurance terms from an overseas insurer, or to reinsurers who are located overseas. We will try to tell you where those companies are located at the time of advising you. We also provide your information to the providers of our policy administration and broking systems that help us to provide our products and services to you. We do not trade, rent or sell your information. If you don’t provide us with full information, we can’t properly advise you, seek insurance terms for you, or assist with claims and you could breach your duty of disclosure.
For more information about how to access the personal information we hold about you and how to have the information corrected and how to complain if you think we have breached the privacy laws, ask us for a copy of our Privacy Policy or visit our website for more details.
If you instruct us to place your insurance with an Underwriting Agency or another Financial Services Provider, you are entitled to receive a Financial Services Guide (FSG) as issued by that provider. This can be provided to you on request.
Every contract of insurance is subject to the doctrine of utmost good faith which requires that the parties to the contract should act toward each other with the utmost good faith. Failure to do so on your part may prejudice any claim or the continuation of cover provided by Insurers.
info@yib.com.au Web: http://www.yib.com.au
23/02/2022
Number:
Account Manager:
Notes: 262-264 Brisbane Road Monkland
Security:Corniche Underwriting trading as Recyclesure – 100%
Unique Market Refence:REC001DPTPR2022
Insured:DPT Property Pty Ltd ATF The DPT Trust
Period of Insurance:From: 28th February, 2022
16.00hrs Local Standard Time at the premises insured
To: 28th February, 2023
16.00hrs Local Standard Time at the premises insured
Premises Insured:262-264 Brisbane Road MONKLAND QLD 4570
Business Description:Property Owner of primarily a Cardboard and Paper baling facility. Small amounts of plastics and textiles recycling.
Taxes Payable by Insured And Administered by Insurers:None Applicable
Excess:AUD 25,000 any one occurrence
Operative Sections: Section A – Material Damage (Specified Perils 1 – 10)INSURED
Section B – Business Interruption (Specified Perils as per Section A)INSURED
It is noted within the Policy that certain Specified Perils may not have been listed within this section and, on this basis, this insurance does not cover damage caused directly or indirectly by or arising from or out of these Specified Perils or subsequent damage to any other property resulting there from.
Total Sum Insured or Limits Per Each Insured
Sections:Section A – Material DamageAUD 950,000
Section B – Business InterruptionAUD 287,500 Section C – Glass and Sanitary WareAUD Nil
Total Sum Insured or Limits Per Each Insured
Premises: Location 1 – 262-264 Brisbane Road, Monkland, Queensland, 4570
Buildings (Standard Construction)AUD 925,000 Buildings (Non Standard Construction & Outbuildings)AUD Nil
Machinery (In Secure Buildings)AUD Nil
Machinery (In the Open)AUD Nil
General fixtures, fittings & other contents (In Secure Buildings)AUD 25,000
General fixtures, fittings & other contents (In the Open)AUD Nil
Stock in Trade (In Secure Buildings)AUD Nil
Stock in Trade (In the Open)AUD Nil
Stock of Non Ferrous Metals (In Secure Buildings)AUD Nil
Stock of Non Ferrous Metals (In the Open)AUD Nil
Stock of Fuel/Diesel/Oil & Fuel Tanks (In Secure Buildings)AUD Nil
Stock of Fuel/Diesel/Oil & Fuel Tanks (In the Open)AUD Nil
Customers Goods & Goods held in Trust (In Secure Buildings)AUD Nil
Customers Goods & Goods held in Trust (In the Open)AUD Nil
Computer & Electrical Office Equipment (In Secure Buildings)AUD Nil
Computer & Electrical Office Equipment (In the Open)AUD Nil
Miscellaneous Items (In Secure Buildings)AUD Nil Miscellaneous Items (In the Open)AUD Nil
Buildings are insured on Reinstatement basis
All other items insured within this Policy are insured on Indemnity basis
Gross ProfitAUD Nil (Maximum Indemnity PeriodN/A Months)
Increase in Cost of WorkingAUD Nil (Maximum Indemnity PeriodN/A Months)
Additional Increase in Cost of WorkingAUD 100,000 (Maximum Indemnity Period12 Months)
Loss of Rent Receivable/PayableAUD 187,500 (Maximum Indemnity Period18 Months)
Loss Limit:It is noted within the Policy that there is no uplift applicable in relation to the sums insured detailed above, unless stated otherwise within Recyclesure Waste & Recycling Material Damage
Combined Policy Wording 2020 (Australia)(Version 1)
Territorial Limits:The states and territories of Australia
Choice of Law & Jurisdiction:LAW: Australian Law
JURISDICTION:
It is hereby agreed that this Insurance shall be governed by Australian law and that the courts of Australia shall have jurisdiction in any dispute arising hereunder.
Recording, Transmitting & Storing Information:Where Corniche Underwriting trading as Recyclesure maintains Risk and Claim data / information / documents they may hold and store the data / information / documents electronically.
Claims Administration:All claims to be notified to Corniche Underwriting Ltd trading as Recyclesure. Insurer Contract
Documentation:The Policy Wording and the Policy Schedule (including any Policy Schedule issued in substitution) constitutes the contract documentation.
All amendments to the contract and the contract documentation must be approved in writing by the INSURER and appended to this contract by way of endorsement.
Form:Recyclesure Waste & Recycling Material Damage Combined Policy Wording 2022 (Australia)(Newpoint)(Version 1)
Information:- It is noted within the Policy that the terms and conditions are based upon the information that has been disclosed to Corniche Underwriting Ltd trading as Recyclesure. If any information is incorrect or alters then please contact the INSURER immediately as it may affect the terms and conditions.
- Claims History (5 years): 30.03.2017 – minor storm damage – AUD 446.50
- It is noted that General Policy Exception 19) Storm is removed from the Policy. All other terms and conditions remain unaltered.
- The following Specified Peril is added to the Policy under Section A – Material Damage:
All other terms and conditions remain unaltered.
- The following definition is included under General Policy Definitions: STORM shall mean a violent disturbance of the atmosphere manifested by severe winds accompanied by: a) rain snow or hail b) and/or thunder and lighting however, excluding named storms and named cyclones All other terms and conditions remain unaltered.
- It is noted within the Policy that the pallet wrapping machine is exempt from Risk Requirement 6 (detailed within SECON Site Risk Report, survey date 16.04.2021) and the Combustible Waste – 6 meters condition.
As per the Electrical machinery isolation – daily operations condition, the item must be turned off and disconnected from any power source outside normal hours of operation.
All other terms and conditions remain unaltered
- It is noted within the Policy that, in respect of General Policy Condition 17) Combustible WASTE and STOCK in the Open and Risk Requirement 2 (detailed within SECON Site Risk Report, survey date 16.04.2021), bagged plastic must be kept in allocated mobile cages and stored either inside the locked building or 6 metres from the awning and main building footprint. The above is applicable outside normal hours of operation.
All other terms and conditions remain unaltered.
- It is noted within the Policy that the items (including (but not limited to) Exclusions and Policy Conditions) detailed under the Additional Terms and Conditions section of this Schedule have been applied specifically to this contract and so, where there is any dispute between the documents, take precedence over Recyclesure Waste & Recycling Material Damage Combined Policy Wording 2022 (Australia) (Newpoint) (Version 1).
All other terms and conditions remain unaltered.
Order Hereon:100% of 100% of whole
Lines Clause:This Insurance, being signed for 100% of 100%
In instances where there is more than one insurer subscribing to this contract of insurance, the subscribing insurers’ obligations under the contract or insurance is several and not joint and is limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any cosubscribing insurer who for any reason does not satisfy all or part of its obligations.
In any instances where there is more than one insurer subscribing to this contract of insurance, the liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract.
The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is detailed on this schedule. This is subject always to the provision concerning “signing” below.
In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a
Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address.
Proportion of liability Unless there is “signing” (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is detailed on this schedule and is referred to as its “written line”.
Where this contract permits, written lines, or certain written lines, may be adjusted (“signed”). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.
Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.
Insurer(s):Newpoint
This Policy does not cover damage caused directly or indirectly by or arising from or out of STOCK and/or WASTE MATERIAL in the open or subsequent damage to any other property resulting there from.
All other terms and conditions remain unaltered.
This Policy does not cover damage caused by or arising directly or indirectly from or out of the production of Refuse Derived Fuel (RDF), Solid Recovered Fuel (SRF), or Municipal Solid Waste (MSW).
This Policy does not cover damage caused by or arising directly or indirectly from or out of any Refuse Derived Fuel (RDF), Solid Recovered Fuel (SRF), or Municipal Solid Waste (MSW) located at the PREMISES.
All other terms and conditions remain unaltered.
This Policy does not cover damage caused by or arising from or out of the shredding of wood or tyres at the PREMISES.
All other terms and conditions remain unaltered.
This Policy does not cover damage caused directly or indirectly by or arising from or out of the processing of lithium batteries or subsequent damage to any other property resulting there from.
This Policy does not cover damage caused directly or indirectly by or arising from or out of any lithium batteries located at the PREMISES or subsequent damage to any other property resulting there from.
All other terms and conditions remain unaltered.
This Policy does not cover damage caused directly or indirectly by or arising from or out of any MACHINERY undergoing installation testing commissioning intentional overloading or similar tests requiring the imposition of abnormal conditions or experiment caused by and occurring during the checking of the correct working of the MACHINERY or of safety installations in connection herewith.
All other terms and conditions remain unaltered.
This Policy does not cover damage caused directly or indirectly by or arising from or out of the TENANT’S failure to comply with the terms and conditions of this Policy or subsequent damage to any other property resulting there from.
All other terms and conditions remain unaltered.
This Policy does not cover any loss liability cost or expense or any other amount incurred by the INSURED directly or indirectly arising out of originating from resulting from caused by and or contributed to by regardless of any other cause contributing concurrently or in sequence to the loss or otherwise in connection with any COMMUNICABLE DISEASE or threat or fear of COMMUNICABLE DISEASE (whether actual or perceived) or the outbreak of an Epidemic or Pandemic whether declared as such or not or any action taken by any party to treat or prevent the spread thereof.
For the purposes of this Policy COMMUNICABLE DISEASE shall mean any disease that spreads from one human to another or from animal to human by either transmission of bacteria viruses or other pathogen between the carrier and the infected person or through a vector such as food contaminated by the carrier and consumed by the infected person.
All other terms and conditions remain unaltered. As may exist in the standard policy wording.
It is noted within the Policy that the fire detection system must cover the offices, staffroom and factory (as detailed within Risk Requirement 3 of the SECON Site Risk Report, survey date 16.04.2021).
It is noted within the Policy that fixed point heat detectors are not satisfactory for ensuring compliance with this addendum (as detailed within Risk Requirement 3 of the SECON Site Risk Report, survey date 16.04.2021).
General Policy Condition 12) Fire Alarms is amended to read as follows:
The INSURED must ensure that a) the BUILDINGS are protected with an automatic fire alarm installation connected to a central station or reporting to a public or private fire alarm station; and
b) the INSURED shall i. keep in force during the currency of the Policy a contract to maintain the automatic fire alarm system in proper working order; and ii. carry out testing and checking requirements referred to on the completion certificate; and iii. carry out the maintenance procedures specified by the manufacturers of the equipment; and iv. notify the INSURER immediately of any disconnection or failure of the automatic fire alarm installation that leaves any area unprotected; and
v. keep contemporaneous records of all events such as alarms, faults, tests, maintenance and disconnections and keep such records available for inspection by the INSURER.
c) should any defect in the automatic fire alarm installation be discovered the INSURED shall notify the maintenance company immediately and give immediate instruction for the necessary repairs to be carried out.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
In respect of all shredding of WASTE or Waste-containing material undertaken inside any BUILDINGS or within the footprint of any open-sided structures, the INSURED must ensure that:
1) all shredders are attended by an operative with a suitable fire extinguisher at all times when the shredders are operational; and
2) at least once per day, all shredding equipment and associated items including (but not limited to) conveyors and hopper feeds must be thoroughly and effectively be cleaned of residual WASTE, dust and fly. If modifications or alterations to the associated equipment including (but not limited to) conveyors and hopper feeds are reasonably necessary in order to allow for the thorough and effective cleaning of residual WASTE, dust and fly it is the INSURED’S responsibility to ensure that such modifications or alterations are carried out as soon as possible; and
3) formal contemporaneous records of the cleaning pursuant to 2 above, detailing the date, time and person responsible for such cleaning, must be kept and made available to the INSURER and/ or their representatives on request.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that road vehicles and/or trailers are not left within BUILDINGS or workshops OVERNIGHT.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that all combustible WASTE MATERIAL is situated at least 6 metres from any fixed or mobile MACHINERY at all times outside normal hours of operation. It is noted within the Policy that the minimum 6 metres separation distance can be reduced if there is a non-combustible partition or wall between the combustible WASTE MATERIAL and the MACHINERY.
The INSURED must ensure that all combustible WASTE MATERIAL is situated at least 2 metres from any potential heat sources (for example electrical switchboards, roller door motors, charger units etc) at all times outside normal hours of operation.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that:
a) the PREMISES are fitted with a CCTV system which: i) is in effective working order throughout the policy period; and ii) covers all inside areas of the BUILDINGS at the PREMISES; and iii) covers all outside areas at the PREMISES; and iv) is recorded on-site by the INSURED at all times and the INSURED must ensure compliance with one of the following options:
* either, the on-site CCTV recording unit must be situated at least 10 metres from any process/storage BUILDINGS and areas; and * or, the footage must be backed up to cloud storage; and * or, the footage must be backed up to a 3rd party location; and v) is subject to a maintenance contract to ensure that the CCTV is kept in effective working order; and b) the recorded footage from the CCTV system must be made available for inspection by the INSURER on request. The recorded footage must be held for a minimum of 14 days.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have restricted the INSURER’S ability to adjust any potential claim or have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that loose combustible WASTE MATERIAL is located within BUILDINGS for no longer than 96 hours from the moment that it first enters the BUILDING.
The INSURED must ensure that no more than 15 tonnes of loose combustible WASTE MATERIAL is located within BUILDINGS at any one time.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
It is noted within the Policy that this condition is added in line with Risk Requirement 6 detailed within the SECON Site Risk Report (survey date 16.04.2021).
The insured must ensure that timber pallets are stored inside the entrance of the locked building outside normal hours of operation.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that, OVERNIGHT, all combustible STOCK and/ or WASTE MATERIAL is removed from trommels, shredders and/ or hopper feeds and balers.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that, at the end of daily operations, all MACHINERY must be electrically isolated.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must not accept deliveries of unprocessed WASTE within 1 hour of the end of daily operations.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this conditions unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that any changes of TENANTS are advised in writing to the INSURER for their agreement prior to any change of occupancy taking place. The INSURER reserves the right to alter Policy terms, or cancel the Policy, following such notification.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
The INSURED must ensure that all risk requirements included within the SECON Site Risk Report (survey date 16.04.2021) are being complied with at all times. The report is held and kept on file by Corniche Underwriting Ltd trading as Recyclesure.
The INSURER will not make any payment under this Policy in respect of any incident occurring while the INSURED is not in compliance with this condition unless the INSURED can demonstrate that such noncompliance could not have restricted the INSURER’S ability to adjust any potential claim or have increased the risk of the loss, damage, accident or injury occurring in the circumstances in which it occurred.
All other terms and conditions remain unaltered.
As may exist in the standard Policy wording.
The normal hours of operation are defined within the Policy as follows: Monday to Friday (08:00hrs – 16:00hrs) Saturday (07:00hrs – 12:00hrs)
In respect of any condition contained within the Policy that states that the INSURED must carry out certain procedures or comply with certain terms and conditions outside of operating hours or normal hours of operation, the hours listed above constitute operating hours or normal hours of operation and the INSURED must comply with the obligations of the Policy outside of these hours.
Please note that if the hours of operation change or the staff levels drop below normal levels then it is a warranty of the Policy that the INSURED must advise the INSURER so that the situation can be reviewed. Following the INSURER’S review, the INSURER is within their rights to amend the terms and conditions of the Policy.
All other terms and conditions remain unaltered.
As may exist in the standard Policy wording.
As may exist in the standard Policy wording.
As may exist in the standard Policy wording.
The Premium is due at inception and must be paid to and received by the INSURER on or before midnight on 29.03.2022. If this condition is not complied with, then this contract of insurance will terminate on the above date with the INSURED hereby agreeing to pay premium calculated at not less than pro rata temporis.
All other terms and conditions remain unaltered.
As may exist in the standard policy wording.
Note: This invoice and schedule is only a summary which should be read in conjunction with your Policy Wording for the full scope of cover provided and exclusions that may apply.
If there is a refund of premium owed to you as a result of a cancellation or alteration to a policy (excluding cancellation within the cooling off period), we will retain any fee we have charged you and reserve the right to retain the full commission.
Please read this information carefully and contact us immediately if you have any queries.
Before you enter into a Contract of general insurance with an Insurer, you have a duty under the Insurance Contracts Act 1984 to disclose to the Insurer every matter that you know, or could reasonably expect to know, is relevant to the Insurer’s decision whether to accept the risk of insurance and if so, on what terms. You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a Contract of general insurance. Your duty however does not require disclosure of matter, that diminishes the risk to be undertaken by the Insurer, that is common knowledge, that your Insurer knows or, in the ordinary course of business, ought to know as to which the compliance with your duty is waived by the Insurer.
If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce the liability under the Contract in respect of a claim or may cancel the Contract. If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the Contract from its beginning. If you are not fully satisfied with our services, you should contact our customer relations/complaints officer.
We also subscribe to the Australian Financial Complaints Authority (AFCA), which is a free customer service and the General Insurance Brokers Code of Practice. Further information is available from this office or contact the AFCA on 1800 931 678 or go to www.afca.org.au
Personal insurance (e.g. home and contents policies), and Business insurance (e.g. fire, business interruption, industrial special risks) often contain an average clause. Such clauses enable the insurer to reduce your claim settlement in proportion to the amount of any underinsurance. Therefore, you should always insure for full value, which may be replacement, indemnity or market value depending on the type of cover arranged.
Advise us immediately of any changes to the risk covered or your circumstances. Some examples of such changes are: change of location, risk, activity, insured names, values to be insured, installation or removal of smoke or burglar alarms and the like.
To ensure any entitlement under your policy is protected, you must report all incidents that may give rise to a claim against you to the Insurers without delay after such incidents come to your attention and prior to the expiration of the policy period. Your attention is also drawn to the fact that your policies do not provide indemnity in respect of events that occurred PRIOR to commencement of the insurance contract. Cooling Off Period
This product is subject to a Cooling Off Period which means you are entitled to a minimum 14 day cooling off period during which time you may return the policy and receive a premium refund. We will return the commission to the Insurer, however we reserve the right to retain our fees. The cooling off period is subject to legal requirements and terms and conditions of the policy. You should check the relevant Product Disclosure Statement (PDS) for full details.
Always ensure you advise us of every interested entity so that each can be properly advised to the insurer and noted as insured and/or for their respective rights and interests. Most policies will exclude indemnity to parties unless their interest is noted on the policy.
When you lease, hire or borrow property, make sure that the contract clearly identifies who is responsible to insure the property. This will help avoid arguments after a loss and ensure that any claims are efficiently processed.
In the event you fail to fulfil the requirements of a funding contract, the premium funder has full power of attorney over your policy(ies). The funder can request the Insurer to cancel your policy(ies) and the funder has the right to any refund of premium. In this instance we are obliged to act on the instructions of the Funder.
The PDS will be provided to you (or will be passed to you as soon as it is received from the Insurer). It is in your best interests to read this document without delay and advise us of any aspects which are not clear to you or where any aspect of the cover does not meet with your requirements.
We are committed to protecting your privacy. We use the information you provide to advise about and assist with your insurance needs. We provide your information to insurance companies and agents that provide insurance quotes and offer insurance terms to you or the companies that deal with your insurance claim (such as loss assessors and claims administrators). Your information may be given to an overseas insurer (like Lloyd’s of London) if we are seeking insurance terms from an overseas insurer, or to reinsurers who are located overseas. We will try to tell you where those companies are located at the time of advising you. We also provide your information to the providers of our policy administration and broking systems that help us to provide our products and services to you. We do not trade, rent or sell your information. If you don’t provide us with full information, we can’t properly advise you, seek insurance terms for you, or assist with claims and you could breach your duty of disclosure.
For more information about how to access the personal information we hold about you and how to have the information corrected and how to complain if you think we have breached the privacy laws, ask us for a copy of our Privacy Policy or visit our website for more details.
If you instruct us to place your insurance with an Underwriting Agency or another Financial Services Provider, you are entitled to receive a Financial Services Guide (FSG) as issued by that provider. This can be provided to you on request.
Every contract of insurance is subject to the doctrine of utmost good faith which requires that the parties to the contract should act toward each other with the utmost good faith. Failure to do so on your part may prejudice any claim or the continuation of cover provided by Insurers.
North Coast Commercial Properties Pty Ltd trading as Ray White Northern Corridor Group and or any of its officers, employees or consultants (“we, us”) have prepared this report as a means of adopting a starting point for an organised strategy for the sale of this property.
We make no representation or warranty as to the accuracy, reliability or completeness of the information relating to the property. Some information has been obtained from third parties and has not been independently verified. Accordingly, no warranty, representation or undertaking, whether express or implied, is made and no responsibility is accepted by us as to the accuracy of any part of this report, or any further information supplied by or on our behalf, whether orally or in writing.
No entity or person guarantees the performance of the property. The information is general information only and any examples given are for illustrative purposes. The information does not take into account your individual objectives, financial situation or needs. We recommend that you obtain financial, legal and taxation advice before making any decision. Any price is not a valuation and should not be relied on or treated as such. If a valuation is required we recommend that you obtain the advice of a registered valuer. Prices, if indicated, have been estimated based on recent market evidence in the locality for comparable properties, to the extent available. Prices may not include GST.
Marketing strategies are suggested in accordance with the marketing budget you have set. No guarantee or warranty is given that any or any combination of, strategies will produce a given result or level of result and all marketing fees and outlays are at your cost (unless agreed otherwise).
We reserve the right to revise pricing or any marketing strategy at any time and from time to time, based on market influencers.
This document has been prepared for the use only of the party to whom it is addressed (as stated in this document) and we accept no responsibility or liability to any other party who might use or rely on this report and its contents in whole or part.