NON-EXCLUSIVE LICENCE
Clean GP Berth (01177223).DOC - Port of Brisbane
Clean GP Berth (01177223).DOC - Port of Brisbane
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<strong>LICENCE</strong><br />
Flower and Hart<br />
4.2 Payment of Licence Fee<br />
The Licensee must pay the Licence Fee without any formal or other demand within 30 days of the<br />
Commencement Date.<br />
4.3 Utilities<br />
The Licensee must pay to the suppliers, and indemnify PBPL against, all charges for other services and<br />
utilities (including, but not limited to, telephone and telecommunication services) consumed or used by<br />
the Licensee at, or in relation to, the Licence Area. PBPL is under no Obligation to supply to the Licence<br />
Area any utilities or services.<br />
4.4 Security<br />
(a)<br />
(b)<br />
(c)<br />
4.5 GST<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
The Licensee is responsible for securing and ensuring the security of the Licensee’s Property and<br />
the Licensee’s Equipment.<br />
Subject to clause 4.4(c) PBPL is not responsible for securing and ensuring the security of any<br />
structures or equipment erected within the Licence Area.<br />
If required by PBPL, the Licensee must engage PBPL or such other security provider Approved by<br />
PBPL to provide security services to the Licence Area at the Cost of the Licensee.<br />
It is agreed that all Licence Fees and other moneys agreed to be paid by the Licensee to PBPL<br />
under this Licence, being the consideration for any Taxable Supply by PBPL to the Licensee, are<br />
exclusive of GST.<br />
The Licensee must pay to and indemnify PBPL against any GST chargeable in respect of any<br />
Taxable Supply by PBPL hereunder.<br />
The Licensee must pay to PBPL a sum equal to:-<br />
(i)<br />
(ii)<br />
each amount payable by the Licensee to PBPL for any Taxable Supply by PBPL hereunder;<br />
multiplied by<br />
the GST Rate<br />
such sum to be paid by the Licensee (in addition to the Licence Fee) at the same time, and in the<br />
same manner, as the Licensee is obliged to pay the Licence Fee.<br />
Where the Licensee is required by this Licence to contribute to the outgoings or utilities or pay any<br />
other moneys to PBPL, the Licensee must pay, reimburse or contribute an amount equal to the<br />
GST inclusive consideration for the relevant acquisition by PBPL, less an amount for which PBPL<br />
is entitled to claim an Input Tax Credit.<br />
In respect of each payment by the Licensee under paragraphs (c) and (d), PBPL agrees to deliver<br />
to the Licensee as and when required under the GST Act, tax invoices in a form which complies<br />
with the GST Act.<br />
4.6 Other Taxes<br />
The Licensee must reimburse PBPL in respect of any tax (excluding income tax, capital gains tax and<br />
land tax), duty, fine, penalty or imposition that may be levied or imposed by a Government Agency upon<br />
PBPL in respect of:-<br />
(a) the Licensee’s use and occupation of the Licence Area;<br />
(b) the Licensee carrying on the Permitted Use; or<br />
(c) this Licence.<br />
4.7 Interest on Arrears<br />
The Licensee must pay to PBPL on demand Interest on any Licence Fee or other moneys which are in<br />
arrears, which will be payable as a liquidated debt.<br />
5. BOND<br />
5.1 Licensee to deliver Bond<br />
Page 8 of 22<br />
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