App2.4 Program Preventative Maintenance Agreement · OPW16/0021

                                                          Fytogreen (Australia) Pty Ltd      Tel +61 3 5978 0511
                                                          3 Webbs Lane                       Fax + 61 3 5978 0744
                                                          Somerville Victoria 3912           E [email protected]
                                                          Australia                          ABN 20 099 581 736

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(B) TERMS & CONDITIONS


1.      MAINTENANCE PROVIDER’S RESPONSIBILITIES

1.1     On-Site Programmed Preventative Maintenance

          Subject to these Terms and Conditions, the Maintenance Provider agrees to provide on-site
          programmed preventative maintenance for the Client’s Fytogreen green facade at the
          Premises, including the supply of normal access equipment, nutrients, pesticides and biological
          testing of growing medium in accordance with the matrices comprising sections 6, 7 and 8.

          Maintenance shall be provided during normal service hours (8.00 am - 4.30 pm) Monday to
          Friday, excluding Public Holidays, Rostered Days Off in the State where the Premises are
          located, and in general accordance with the inspection frequencies indicated in the matrices
          comprising Sections 6, 7 and 8 and co-ordinated with the Client's operating requirements as
          far as possible. Maintenance outside such hours, as may be requested by the Client, shall be at
          an incremental additional cost to and paid for by the Client at the Maintenance Provider’s then
          current Extra-Over rates for overtime labour, in addition to the Agreement Price.


1.2     Additional Services

          If required by the Client, the Maintenance Provider may provide additional services, at a charge
          to be agreed prior to performance of such services or in the absence of prior agreement, such
          charge as is reasonable in the circumstances, such as:-

          •     The implementation of upgrades or changes in the equipment as the Client may require.

          •     The modification of the green facade and associated equipment to accommodate building
                changes, building service modifications, new penetrations or the like.

          •     The repair, overhauling or replacement of and additions to the green facade and
                Equipment.



1.3       On-Site Emergency Service

          A 24-hour emergency service shall be provided by the Maintenance Provider as may be
          required from time to time by the Client or by remote sensors. Such service shall be an
          additional cost to and paid for by the Client at the Maintenance Provider’s then current rates for
          labour, plus materials, plus necessary reasonable vehicle use, fares, meals and
          accommodation, in addition to the Agreement Price.




Fytowall (Australia) Form FWF-10 / Rev D                                                  Page 5 of 16