11022015093450-0001 · 131999.982996.1

Statistician (whether published or advised) at the request of either party reflects on a
consistent basis changes which have occurred in the cost of living in Brisbane provided
further that if the Australian Statistician has not published and will not advise an
appropriate Index the expression shalt mean such Index which accurately reflects
changes in the cost of living in Brisbane as determined by a consulting actuary (being a
member of the Institute of Actuaries of Australia) to be agreed upon by the parties and in
the absence of agreement for a period of seven days to be appointed by the person for
the time being acting as President of that Institute and the current index number or the
index number then current refers in the case of an Index Number published or advised
by the Australian Statistician to the Index Number last published before the relevant date
and in any other case to the Index Number which the Consulting Actuary considers
appropriate as at the relevant date.

(c) “Indexed Amount” The expression “indexed amount" shall mean in respect of any
Licence year the amount derived by multiplying the Licence fee for the last preceding
Licence year by the index number current on the first day of the Licence year in respect
of which the indexed amount is being calculated and dividing the result by the index
number current on the first day of the last preceding Licence year.

(d) tn this Agreement unless the contrary intention appears:

(i) the singular includes the plural and vice versa; .

(ii) headings are for convenience of reference only and do not affect the
construction or interpretation of this Agreement;

(iii) where a party to this Agreement is more than one person they are jointly and
severally liable;

(iv) person includes corporation.

Guarantee

In consideration of the Body Corporate having at the Guarantor's request consented to the grant
of the Licence to the Licensee the Guarantor hereby guarantees to the Body Corporate the due
and punctual performance and observance of all the Licensee's obligations, agreement and
stipulations under this Agreement, including the due and punctual payment of all rent and other
moneys payable under or pursuant to the terms of the Agreement and the Guarantor further
hereby covenants and agrees to indemnify and keep indemnified the Body Corporate against
any loss howsoever arising which it may suffer or incur In consequence of any failure on the part
of the Licensee to promptly perform its obligations under this Agreement including any loss the

. Body Corporate may suffer or incur in consequence of any failure on the part of the Licensee to
promptly pay any rént or other moneys payable and all costs, charges and expenses to which
the Body Corporate may be put (including legal costs calculated on a solicitor and own client
basis) in consequence of any such failure or arising thereout and the Guarantor hereby further
covenants and agrees that this guarantee shall not be affected or discharged by the Body
Corporate granting to the Licensee any time or other indulgence or other consideration or by
teason of any transaction that may take place between the Body Corporate and the Licensee or
between the Body Corporate and the Guarantor or by any other act or omission on the Body
Corporate’s part whereby the liability of the Guarantor as surety would but for this provision
have been affected or discharged. The covenants and agreements herein contained bind each
of the persons defined as the Guarantor notwithstanding any failure of any other such persons
to execute this guardntee or any technica! defect to such execution or this guarantee and
indemnity not being binding on such person.