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NON-EXCLUSIVE LICENCE

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 />

{301081 \ 01177223}

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