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App2.4 Program Preventative Maintenance Agreement · OPW16/0021

From the archive OPW16/0021- Response Landscape. File date in the archive: 2016-05-16 04:00.

of 16

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                                                                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
___________________________________________________________________________

                the Maintenance Provider. The Maintenance Provider may make a separate additional
                charge for the provision of any of its services necessitated by such attempted adjustment,
                repair or alteration.

        4.4     The Client shall pay the Maintenance Provider the Agreement Price and other charges,
                as invoiced by the Maintenance Provider to the Client, under the terms of and in
                accordance with this Agreement.


5.      TERM OF THE AGREEMENT

        5.1     This Agreement shall come into effect on the Commencement Date and shall remain in
                force unless terminated by either party giving written notice to the other party of the
                termination of the Agreement in not less than 30 days, subject to the following:

                i. The Client may only terminate providing there are no outstanding or unpaid
                     Maintenance Provider invoices under the terms of this Agreement.

                ii.      There shall be no credit of any prepaid or due amount for current quarter.

                iii.     Where the current quarter has less than 30 days remaining, an additional amount
                         calculated on a daily pro rata basis shall be payable for the notice period outside
                         the current quarter’s coverage.

        5.2     During the term of this Agreement no change shall be made to the terms, conditions and
                provisions contained in this Agreement and other than by agreement between the parties
                evidenced by a document signed by both parties.

        5.3     The Agreement Price and Charge Rates shall be fixed for the first year of this Agreement.
                The Maintenance Provider may increase the Agreement Price and Charge Rates at the
                end of the year of this Agreement for the next year by an increase as determined by the
                Maintenance Provider being the greater of the Consumer Price Index percentage
                increase and the Award Rates of Pay Indexes, Australia percentage increase.



          5.4 The Agreement Price plus GST is otherwise exclusive of all other Federal, State,
            Municipal and other government taxes and charges, current and future. Any and all other
            taxes and charges necessarily incurred and paid by the Maintenance Provider, shall be
            additional to the Agreement Price and shall be reimbursed by the Client upon invoice.


6.        FORCE MAJEURE

          The Maintenance Provider shall not be responsible or liable for failure to perform or observe
          or for a delay in performing or observing any obligation under this Agreement where such
          failure or delay arises from any cause beyond reasonable control of the Maintenance Provider
          including without limitations, strikes and industrial actions of all kinds, fire and associated
          perils, unusually inclement weather, civil riots and lock outs and shortages or unavailability of
          supply of parts or materials.




Fytowall (Australia) Form FWF-10 / Rev C                                                        Page 7 of 16

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