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First affidavit of Daniel Mathew Bryant - Arnold Bloch Leibler

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0) on termination <strong>of</strong> the Grower Lease, all right, title and interest in the trees isassigned and transferred to GPL.Terms <strong>of</strong> Grower Forestry Right Deeds35The Grower Forestry Right Deeds, applicable to the Gunns 2002 to 2009 WoodlotSchemes, have the following characteristics:(a) the Grower Forestry Right Deeds are subject to any head forestry right deedbetween GPL and the landowner (Head Forestry Right Deed);(b)Grower Forestry Right Deeds generally run for between 13 to 25 years(depending on the planting option selected by the Grower on application);(c)rent for the whole term <strong>of</strong> the Grower Forestry Right Deeds is generally paid inarrears from the proceeds <strong>of</strong> the harvest <strong>of</strong> the trees. Accordingly, in mostcases, GPL will not receive any further rent payments from Growers duringthe term <strong>of</strong> the deed;(d)(e)(f)(g)the land may only be used for the establishment and maintenance <strong>of</strong> trees inaccordance with the relevant Gunns Woodlot Scheme to which the GrowerForestry Right Deeds relate;Growers are entitled to access the land to carry out the permitted activities(meaning establishing, planting, tending, maintaining and harvesting the treesand carrying out the scheme);Growers must obey the obligations imposed on GPL under the Head ForestryRight Deed between GPL and the landowner or head lessor;pursuant to the Head Forestry Right Deed, there is an obligation to maintainpublic risk insurance with a reputable insurer with certain minimum limits;(h)(i)(¡)if the Management Agreement is terminated by GPL, GPL is also entitled toterminate the Grower Forestry Right Deed;the Grower Forestry Right Deed automatically terminates if the Head ForestryRight Deed terminates; andon termination <strong>of</strong> the Head Forestry Right Deed, other than for GPL's breach,all right, title and interest in the trees is assigned and transferred to GPL.10

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