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
___________________________________________________________________________

7.        LIMITATION OF LIABILITY

        7.1     Except to the extent to which any Commonwealth, State or Territory Law applies and
                implies conditions or warranties which cannot be excluded, the Maintenance Provider
                obligations shall be limited to providing the maintenance and service expressly provided
                by this Agreement. Other than for rectification of the green facade itself, the Maintenance
                Provider shall not be liable for any injury, loss or damage (including but not limited to
                damages for delay, loss of profits or revenue, cost of capital, costs of substitute or
                replacement equipment or down time costs and all consequential injury, loss or damage)
                arising in any way out of the provision, non-provision, delay in provision, negligent
                provision of such agreement or from any other cause.

        7.2     In the case of the supply of goods or services to which the Trade Practices Act
                (Commonwealth) applies, other than goods or services of a kind ordinarily acquired for
                personal, domestic or household use and consumption, the liability of the Maintenance
                Provider is limited to;

                i.       The replacement or repair of goods at the option of the Maintenance Provider.

                ii.      In the case of services, the supplying of the services again or payment of the
                         reasonable costs of having the services supplied again by others, at the option of
                         the Maintenance Provider.




Fytowall (Australia) Form FWF-10 / Rev C                                                       Page 8 of 16