Equipment Rental Agreement - Template, Sample Form Pro · AU-law

EQUIPMENT RENTAL AGREEMENT

This Equipment Rental Agreement (this "Agreement") is made and effective on ________ by and between the following parties:

THE EQUIPMENT PROVIDER ("Provider"):

________ (ABN/ACN ________)

Of the following address:

________

AND THE RENTER ("Renter"):

________ (ABN/ACN ________)

Of the following address:

________

RECITALS:

A. The Provider is the owner of, and wishes to rent out, certain equipment as defined in this Agreement.

B. The Renter wishes to rent that equipment from the Provider on the terms and conditions set out in this Agreement.

NOW, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration (the receipt and sufficiency of which is acknowledged), the Parties agree as follows:

(1) DEFINITIONS:

In this Agreement, the following definitions apply:

"ACL" means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

"Agreement" means this agreement.

"Bankruptcy Act" means the Bankruptcy Act 1966 (Cth).

"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in ________.

"Charge" means any registered charge or security interest over the Equipment, including any security interest registered under the Personal Property Securities Act 2009 (Cth).

"Claim" means a cause of action, claim, proceeding or demand.

"Corporations Act" means the Corporations Act 2001 (Cth).

"Damage or Loss" has the meaning given in the "Security Deposit" clause of this Agreement.

"Deposit" means any deposit amount payable under this Agreement.

"End Date" has the meaning given in the "Duration of Rental" clause of this Agreement.

"End Time" has the meaning given in the "Duration of Rental" clause of this Agreement.

"Equipment" has the meaning given in the "Rental of Equipment" clause of this Agreement.

"Event of Default" means one or more of the events described in the "Event of Default" clause of this Agreement.

"GST" means goods and services tax imposed on a supply of goods or services in Australia under the GST Law.

"GST Amount" means an amount equal to the GST payable on the Rental, calculated by multiplying the Rental Price by the prevailing GST rate provided under the GST Law.

"GST Law" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"Insurance" has the meaning given in the "Insurance" clause of this Agreement.

"Insured Value" has the meaning given in the "Risk of Loss" clause of this Agreement.

"Judgment or Order" has the meaning given in the "Event of Default" clause of this Agreement.

"New Address" has the meaning given in the "Notices" clause of this Agreement.

"New Renter" has the meaning given in the "Effect of Termination" clause of this Agreement.

"Nominating Party" has the meaning given in the "Notices" clause of this Agreement.

"Party" means either the Provider or the Renter.

"Parties" means the Provider and the Renter collectively.

"PPSA" means the Personal Property Securities Act 2009 (Cth).

"Provider" means ________.

"Purpose" means the purpose for which the Equipment may be used, being:

________

"Remaining Rental Period" has the meaning given in the "Effect of Termination" clause of this Agreement.

"Rental" means the transaction between the Provider and the Renter in accordance with this Agreement.

"Rental Price" means the amount (in Australian dollars) the Renter must pay the Provider for the Rental of the Equipment under this Agreement, as set out in the "Price" clause of this Agreement.

"Rental Period" means the period commencing on the earlier of the Start Time or the date and time the Renter actually takes possession of the Equipment, and ending on the later of the End Time or the date and time possession of the Equipment is actually returned to the Provider.

"Renter" means ________.

"Renter Liability" has the meaning given in the "Effect of Termination" clause of this Agreement.

"Return" means the date and time possession of the Equipment is actually returned to the Provider.

"Risk Period" has the meaning given in the "Risk of Loss" clause of this Agreement.

"Start Date" has the meaning given in the "Duration of Rental" clause of this Agreement.

"Start Time" has the meaning given in the "Duration of Rental" clause of this Agreement.

"Statutory Rights" has the meaning given in the "Limitation of Liability" clause of this Agreement.

"Termination" means the termination of this Agreement.

(2) INTERPRETATION:

In this Agreement, unless the context otherwise requires:

(a) words referring to one gender include every other gender;

(b) words referring to a singular number include the plural, and words referring to a plural include the singular;

(c) if a word or phrase is defined, any grammatical variations of that word or phrase have a corresponding meaning;

(d) words referring to a person include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa;

(e) any reference to time is a reference to time in ________;

(f) if something must be done on or before a particular date which is not a Business Day, it must be done on or before the next Business Day;

(g) any obligation not to do something includes an obligation not to allow that thing to be done;

(h) headings are for convenience only and do not affect interpretation;

(i) each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement;

(j) a reference to legislation or a provision of legislation includes any subordinate, amended or substituted legislation;

(k) a reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time;

(l) a reference to a Party also includes that Party's successors, assigns, legal personal representatives and any person substituted by way of novation; and

(m) any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.

(3) RENTAL OF EQUIPMENT:

(a) The Provider agrees to provide, and the Renter agrees to rent, the following (the "Equipment"):

________

(b) The transaction between the Provider and the Renter is described in this Agreement as the "Rental".

(4) DURATION OF RENTAL:

(a) The Rental begins on ________ ("Start Date") and ends on ________ ("End Date").

(b) The Renter will acquire the Equipment at the following time on the Start Date ("Start Time"): ________. The Renter will return the Equipment at the following time on the End Date ("End Time"): ________.

(5) PRICE:

(a) For the Rental of the Equipment, the Renter agrees to pay and the Provider agrees to accept:

A flat fee of $________ (________) (the "Rental Price"). The Rental Price is exclusive of GST.

(b) If the Equipment is not returned to the Provider by the End Time on the End Date, the following late fee applies:

________

(c) Each Party acknowledges the sufficiency of the Rental Price as consideration.

(d) Unless otherwise expressly agreed by the Parties, any taxes (which may include GST), duties (including stamp duty), levies, charges or imposts payable in respect of this Agreement or the transactions contemplated by it will be paid by the Renter.

(6) GOODS AND SERVICES TAX:

(a) Unless otherwise expressly agreed by the Parties, the Rental Price payable under this Agreement excludes GST.

(b) If GST is payable on any supply made under or in connection with this Agreement, the Renter must pay to the Provider an amount equal to the GST payable on the Rental (the "GST Amount"), calculated by multiplying the Rental Price by the prevailing GST rate.

(c) The Renter must pay the GST Amount to the Provider at the same time and in the same manner as the Rental Price is payable.

(d) The Renter's obligation to pay the GST Amount is conditional on the Provider issuing a valid tax invoice in accordance with the GST Law.

(e) This clause survives the Termination or expiration of this Agreement.

(7) SECURITY DEPOSIT:

(a) A security deposit of $________ (________) (the "Deposit") is required.

(b) The Deposit is due on or before ________.

(c) The Deposit will be held by the Provider as security for the performance by the Renter of the Renter's obligations under this Agreement and as security for any damage to or loss of the Equipment, or loss suffered by the Provider in connection with this Agreement, caused by the Renter or by any director, employee, officer, agent, representative or contractor of the Renter ("Damage or Loss").

(d) If any act or omission by the Renter or any of its directors, employees, officers, agents, representatives or contractors results in Damage or Loss, the Provider may apply part or all of the Deposit to compensate for that Damage or Loss.

(e) The Provider's right to apply the Deposit is cumulative and in addition to any other right, remedy or power the Provider may have.

(f) The Renter must not deduct or apply any portion of the Deposit from or against the Rental Price.

(g) If the Renter breaches any term of this Agreement, and as permitted by law, the Renter may forfeit the Deposit to the extent of the Provider's reasonable loss.

(h) If the Rental is cancelled by the Renter, the Provider may retain so much of the Deposit as reflects the Provider's reasonable loss arising from the cancellation, and must refund the balance.

(i) If the Provider does not become entitled to retain the Deposit, the Deposit will be returned to the Renter.

(j) For the avoidance of doubt, the Deposit is separate from and in addition to the Rental Price and any taxes, duties, levies, charges or imposts payable in respect of this Agreement.

(8) PAYMENT:

(a) The Rental Price will be paid by the following method(s) of payment:

________

(b) Payment of the full Rental Price is due prior to the Start Date of the Rental.

(9) PURPOSE:

The Renter agrees that the Equipment may only be used for the following Purpose:

________

(10) ACQUISITION OF EQUIPMENT:

The Renter will acquire the Equipment for the purpose of the Rental as follows:

________

(11) PROHIBITED USAGE:

Only lawful uses of the Equipment are permitted. The Renter agrees not to use the Equipment for any illegal purpose, in any illegal manner, or in any manner which is unsafe.

(12) SURRENDER OF EQUIPMENT:

(a) At the End Time, or upon Termination of this Agreement, the Renter will surrender the Equipment and do all things necessary or reasonably required by the Provider to enable the Provider to take possession of the Equipment and to have the full use and enjoyment of it.

(b) The Renter must surrender the Equipment in good condition and working order, and in the same condition as it was at the Start Date, fair wear and tear excepted.

(13) RISK OF LOSS:

(a) Risk of loss for the Equipment passes to the Renter at the date and time the Renter actually takes possession of the Equipment, and remains with the Renter until Return (the "Risk Period").

(b) The Renter bears the risk of all loss or damage in connection with the Rental during the Risk Period, including but not limited to:

(I) any damage to the Equipment caused by vandalism, theft, a force majeure event, or any other event;

(II) any damage caused by the Equipment or by the operation of the Equipment; and

(III) any costs incurred in relation to the Equipment, including costs related to the repair, replacement or salvage of the Equipment.

(c) If the Equipment is lost or damaged, the Renter remains liable for payment of the Rental Price in accordance with this Agreement for the period during which the Equipment is being repaired or replaced.

(d) If the Equipment is damaged but capable of repair, the Renter agrees to compensate the Provider for the reasonable cost of repair. The Provider will assess the cost acting reasonably and provide the Renter with an invoice.

(e) The Renter must not attempt to repair any damage to the Equipment without the Provider's prior written consent.

(f) In the event of loss or destruction of the Equipment, the Renter agrees to compensate the Provider for the reasonable replacement cost or the insurance value set in the Provider's insurance policy (the "Insured Value"). The Renter is not obliged to pay the Insured Value unless the Provider provides evidence of the Insured Value (for example, a copy of the relevant insurance policy). Nothing in this clause limits the Renter's rights under the ACL.

(14) INSURANCE:

(a) The Renter will, at its cost, take out insurance over the Equipment with a reputable insurer in Australia on such terms as the Provider may reasonably direct ("Insurance"). The Insurance must note the Provider's interest as owner of the Equipment.

(b) The Insurance must include cover for physical loss or damage to the Equipment for such amount as the Provider may reasonably direct from time to time.

(c) The Insurance must include cover for third party liability and public liability in relation to bodily injury, death and property damage for such amount as the Provider may reasonably direct from time to time.

(d) The Renter must hold workers' compensation insurance as required by law.

(e) Upon the Provider's request, the Renter must provide the Provider with evidence of the Insurance.

(15) PROVIDER ACCESS TO EQUIPMENT:

(a) The Renter acknowledges and agrees that the Provider may enter any property or premises where the Equipment is located in order to inspect and/or remove the Equipment, on giving reasonable notice to the Renter (except that no notice is required in the case of emergency), and subject to compliance with all applicable laws.

(b) Any removal of the Equipment by the Provider under this clause is without prejudice to the Provider's rights to recover any monies due under this Agreement or any damages for breach of this Agreement.

(c) The Renter indemnifies the Provider against any Claim, damages, costs or expenses in connection with any action the Provider takes under this clause, except to the extent caused by the Provider's negligence or wrongful act.

(16) RENTER FURTHER ACKNOWLEDGEMENTS:

In addition to any acknowledgements elsewhere in this Agreement, the Renter acknowledges and agrees that:

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(17) RENTER FURTHER COVENANTS:

In addition to any covenants elsewhere in this Agreement, the Renter covenants and agrees that during the term of this Agreement:

(a) the Renter will not use, and will not allow any other person to use, the Equipment for any purpose other than the Purpose;

(b) the Renter will not lend, sublet, sub-rent, pledge, sell or otherwise dispose of or encumber the Equipment, except as expressly permitted by the Provider;

(c) the Renter will take all reasonable steps to protect the Provider's interest in the Equipment and will make clear to other parties that the Provider is the owner of the Equipment;

(d) the Renter will not permit any person other than a competent and authorised person to use or operate the Equipment;

(e) the Renter will take all reasonable steps to ensure that any person who uses the Equipment does so in accordance with this Agreement and any manufacturer's specifications;

(f) the Renter will not modify or disassemble the Equipment except with the Provider's prior written consent;

(g) the Renter will take all reasonable steps to avoid loss, damage or destruction of the Equipment during the Rental;

(h) the Renter will take all reasonable steps to ensure the safety of all persons in connection with the use, operation, storage, repair or maintenance of the Equipment, including ensuring the use of safety gear, observing safe work practices, and providing instruction and supervision as required;

(i) if loss, damage or destruction of the Equipment occurs, the Renter will promptly notify the Provider with details of the nature and cause of the loss, damage or destruction;

(j) if the Renter discovers a defect or fault with the Equipment:

(I) if the defect or fault renders the Equipment unsuitable or unsafe for use, the Renter will immediately discontinue use and notify the Provider; and

(II) in all other cases, the Renter will advise the Provider within 24 hours of discovering the defect or fault and, if directed by the Provider, immediately discontinue use;

(k) the Renter will at all times when using the Equipment comply with all applicable laws, regulations, by-laws, ordinances and rules;

(l) the Renter will not commit any act or omission which could cause the Provider to be in breach of any Charge; and

(m) if a Claim is made against the Renter relating directly or indirectly to the Renter's use of the Equipment, the Renter will promptly notify the Provider with details of the Claim and the circumstances giving rise to it.

(18) INDEMNITY:

(a) The Renter indemnifies the Provider and its directors, employees, officers, agents, representatives and contractors against any losses, liabilities, Claims, damages, expenses, charges, fines, penalties or other costs which they may incur, directly or indirectly, in relation to:

(I) the use, operation, storage, repair or maintenance of the Equipment;

(II) any loss or damage to property in connection with the use, operation, storage, repair or maintenance of the Equipment;

(III) any injury (or death) suffered by any person in connection with the use, operation, storage, repair or maintenance of the Equipment;

(IV) any loss or destruction of the Equipment;

(V) any damage to the Equipment;

(VI) any breach of this Agreement by the Renter or by any of its directors, employees, officers, agents, representatives or contractors;

(VII) any breach of any registration, licence, permit, authorisation, regulation, legislation, by-law, ordinance or rule relating to the use of the Equipment;

(VIII) any failure by the Renter to deliver up possession of the Equipment at the end of the Rental Period;

(IX) any Claim by a third party against the Provider related in any way to the Renter's use of the Equipment; or

(X) any costs the Provider incurs in enforcing its rights under this Agreement, including reasonable legal costs.

(b) The Renter is not liable under this clause to the extent that the relevant loss, liability, Claim, damages, expense, charge, fine, penalty or other cost is caused by the negligence or wrongful act or omission of the Provider.

(c) This clause survives the Termination or expiration of this Agreement.

(19) LIMITATION OF LIABILITY:

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(I) in the case of goods:

(A) replacement of the goods;

(B) supply of equivalent goods;

(C) repair of the goods;

(D) payment of the cost of replacing the goods;

(E) payment of the cost of acquiring equivalent goods; or

(F) payment of the cost of having the goods repaired; and

(II) in the case of services:

(A) supply of the services again; or

(B) payment of the cost of having the services supplied again.

(i) The Provider's failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

(j) This clause survives the Termination or expiration of this Agreement.

(20) EVENT OF DEFAULT:

(a) Each of the following events constitutes an event of default ("Event of Default"), upon which the Renter will be in default of this Agreement:

(I) if the Renter fails to pay when due any amount it is obliged to pay under this Agreement;

(II) if the Renter fails to perform one or more of its obligations under this Agreement and that failure cannot be rectified;

(III) if the Renter fails to perform one or more of its obligations under this Agreement, that failure is capable of being rectified, but the Renter does not rectify it within seven (7) days of receiving a notice from the Provider requiring rectification;

(IV) if the Renter is a company and:

(A) the Renter or any subsidiary of the Renter is insolvent within the meaning of the Corporations Act;

(B) the Renter or any subsidiary fails to comply with a statutory demand under the Corporations Act;

(C) a controller (as defined in section 9 of the Corporations Act), or a similar officer, is appointed in respect of the Renter or any subsidiary;

(D) a petition is filed against the Renter or any subsidiary under the Bankruptcy Act or any similar law;

(E) an administrator is appointed in respect of the Renter or any subsidiary, or any preliminary step is taken towards such appointment;

(F) the process of any court or authority is commenced against the Renter or any subsidiary to obtain an order restraining any dealing with property;

(G) the process of any court or authority is commenced against the Renter or any subsidiary to enforce any judgment or order for payment of money or recovery of property (the "Judgment or Order"), and within five (5) Business Days of a written request by the Provider, the Renter fails to satisfy the Provider that there is reasonable justification to contest the Judgment or Order;

(H) an application or order is made, proceedings are commenced, a resolution is passed or proposed, or other steps (the "Steps") are taken towards the winding up or dissolution of the Renter or any subsidiary, or for an arrangement, compromise or assignment for the benefit of members or creditors, provided the Steps are not frivolous or vexatious; or

(I) the Renter ceases carrying on business as a going concern;

(V) if the Renter is a natural person and:

(A) files for bankruptcy;

(B) an application is made for the Renter's bankruptcy;

(C) a creditor takes possession of some or all of the Renter's property or assets;

(D) a trustee for creditors, trustee in bankruptcy, receiver, receiver and manager or similar person is appointed in respect of some or all of the Renter's property or assets;

(E) the Renter enters a voluntary arrangement with a creditor; or

(F) the Renter proposes to enter a voluntary arrangement with a creditor.

(21) CONSEQUENCES OF DEFAULT:

If an Event of Default has occurred and has not been rectified by the Renter, the Provider may, by written notice to the Renter, do any one or more of the following:

(a) take action in law or in equity to enforce performance of this Agreement;

(b) take action in law or in equity to recover any losses incurred in connection with the Event of Default; and

(c) terminate this Agreement.

(22) EFFECT OF TERMINATION:

(a) If an Event of Default occurs and the Provider terminates this Agreement, the Provider may:

(I) take possession of the Equipment;

(II) re-rent the Equipment to another party ("New Renter");

(III) apply some or all of the Deposit in accordance with the "Security Deposit" clause; and

(IV) hold the Renter liable for any or all of the following (the "Renter Liability"):

(A) any unpaid amount of the Rental Price, which may include the portion of the Rental Price relating to the remainder of the Rental Period after the date of Termination (the "Remaining Rental Period");

(B) any costs associated with taking possession of and re-renting the Equipment; and

(C) the Provider's reasonable costs and expenses associated with the Event of Default, including reasonable legal costs of enforcing the Provider's rights under this Agreement.

(b) If the Provider re-rents the Equipment, the Renter Liability will be reduced by an amount equal to the amount recovered by the Provider from the New Renter in relation to the Remaining Rental Period. The Provider must take reasonable steps to mitigate its loss.

(23) NOTICES:

(a) Any notice, demand, request or other correspondence in relation to this Agreement is deemed validly given to the Provider if delivered to the following address:

________

(b) Any notice, demand, request or other correspondence in relation to this Agreement is deemed validly given to the Renter if delivered to the following address:

________

(c) Either Party (the "Nominating Party") may nominate another address (the "New Address") by notifying the other Party in writing. After such nomination, any notice is deemed validly given if delivered to the Nominating Party at the New Address.

(d) The email contact details for the Parties are:

Provider: ________

Renter: ________

(e) The telephone contact details for the Parties are:

Provider: ________

Renter: ________

(24) DISPUTE RESOLUTION:

(a) The Parties will attempt in good faith to resolve any dispute or Claim arising out of or in relation to this Agreement through negotiation between the Parties.

(b) If any dispute or Claim cannot be resolved by negotiation within a reasonable time, then prior to commencing legal proceedings (other than for urgent interlocutory or injunctive relief), the Parties agree to first attempt to resolve the dispute through mediation administered by a mediator agreed upon by the Parties or, failing agreement, a mediator nominated by the President of the Law Society of ________.

(c) The costs of any mediation will be shared equally between the Parties, unless otherwise agreed in writing.

(d) Nothing in this clause prevents either Party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction where necessary to protect that Party's rights or interests.

(e) Each Party will continue to perform its obligations under this Agreement, to the extent reasonably possible, while any dispute is being resolved.

(25) FORCE MAJEURE:

(a) A Party will not be liable for any failure to perform or delay in performing its obligations under this Agreement (other than an obligation to pay money) to the extent that such failure or delay is caused by an event or circumstance beyond that Party's reasonable control (a "Force Majeure Event").

(b) A Force Majeure Event may include, but is not limited to, acts of God, natural disasters, fire, flood, storm, earthquake, war, terrorism, riot, civil commotion, strikes, lockouts, industrial action, epidemics, pandemics, government restrictions, and any failure of utilities or services.

(c) The Party affected by a Force Majeure Event must, as soon as reasonably practicable, notify the other Party in writing of the Force Majeure Event, the obligations affected, and the anticipated duration of the delay.

(d) The affected Party must use all reasonable endeavours to mitigate the effects of the Force Majeure Event and to resume performance as soon as reasonably practicable.

(e) If a Force Majeure Event continues for a period exceeding thirty (30) days, either Party may terminate this Agreement by written notice to the other Party.

(f) The performance of the affected Party's obligations is suspended for the period during which the Force Majeure Event continues.

(g) This clause does not relieve the Renter of any obligation to pay any amount due under this Agreement, including any amount in respect of loss or damage to the Equipment occurring during the Risk Period.

(h) Neither Party is entitled to claim compensation from the other Party in respect of any loss arising directly or indirectly from a Force Majeure Event.

(i) Nothing in this clause excuses either Party from any liability or obligation which accrued prior to the Force Majeure Event.

(j) This clause survives the Termination or expiration of this Agreement to the extent necessary to give effect to its terms.

(26) PPSA:

(a) The Parties acknowledge that this Agreement may constitute a "PPS Lease" within the meaning of the PPSA and may give rise to a security interest in favour of the Provider.

(b) The Renter consents to the Provider registering its security interest on the Personal Property Securities Register and must do all things reasonably required to enable the Provider to perfect that security interest.

(c) To the extent permitted by law, the Renter waives its right to receive any notice or statement required to be given under the PPSA, and the Parties contract out of the provisions of the PPSA that may be excluded under section 115 of the PPSA.

(d) The Renter must not disclose information of the kind referred to in section 275(1) of the PPSA, except as required under section 275(7).

(27) GENERAL PROVISIONS:

(a) GOVERNING LAW: This Agreement is governed by the laws of ________ and the applicable laws of the Commonwealth of Australia. Each Party submits to the non-exclusive jurisdiction of the courts of ________ and the courts competent to hear appeals from them.

(b) LANGUAGE: All communications and notices under this Agreement must be in the English language.

(c) ASSIGNMENT: This Agreement, and the rights granted under it, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party without the prior written consent of the other Party.

(d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

(e) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in this Agreement, any rights, remedies or powers acquired by a Party are cumulative and in addition to any other rights, remedies or powers that Party may have.

(f) SURVIVAL OF OBLIGATIONS: At the Termination or expiration of this Agreement, any provisions which by their nature would be expected to survive will remain in full force and effect.

(g) NO WAIVER: No power or right under this Agreement is waived by any act or acquiescence of a Party. A power or right may only be waived in writing signed by the Party waiving it. No waiver constitutes a waiver of any other power or right or of the same power or right on a future occasion.

(h) RELATIONSHIP OF PARTIES: Nothing in this Agreement constitutes a partnership, joint venture, agency or employment relationship between the Parties. Neither Party may hold itself out as an agent of the other, nor has authority to bind or incur liability on behalf of the other.

(i) SEVERABILITY: If any provision of this Agreement is determined to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will, to the extent of such invalidity, be severed and the remaining provisions will continue in full force and effect.

(j) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, understandings and agreements, whether written or oral, in relation to its subject matter.

(k) COUNTERPARTS: This Agreement may be executed in any number of counterparts (including by electronic signature), each of which when executed and delivered constitutes an original, and all of which together constitute one and the same agreement.

(l) FURTHER ACTS: Each Party must do all things and execute all documents reasonably required to give effect to this Agreement and to the rights and obligations created under it.

EXECUTED AS AN AGREEMENT ON ________

 

Signed for and on behalf of ________:

..................................................

Signature of ________ (Authorised Signatory)

Position/Title: ________

Date: ________

In the presence of:

..................................................

Witness Signature

Witness Name: ________

Witness Occupation: ________

Witness Address: ________

Signed for and on behalf of ________:

..................................................

Signature of ________ (Authorised Signatory)

Position/Title: ________

Date: ________

In the presence of:

..................................................

Witness Signature

Witness Name: ________

Witness Occupation: ________

Witness Address: ________