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Executed Covenant For OS3, OS5, OS7 and POS Attachment 4 -

of 6

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QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

- Land Title Act 1994, Land Act 1994 Page 4 of 5
and Water Act 2000

7

10.

41.

4

Covenantee's Rights of Access
The Covenantor hereby expressly authorises the Covenantee, at any reasonable time, to: -
(a) Enter, re-enter, and traverse the Native Vegetation Area;

(b) Enter, re-enter, and traverse that part of the Land that is reasonably required to in order to enter, re-enter,
and traverse the Native Vegetation Area; and

(c) Inspect, test and monitor the Native Vegetation Area and Native Vegetation on the Native Vegetation Area.

Covenantee May do Work

The Covenantee may, at any reasonable time carry out any planting, replanting, rehabilitation or remedial work in
the Native Vegetation Area so as to restore any Native Vegetation harmed or damaged, for whatever reason, to a
state as near as is practical to the state prior to such damage or harm.

Remedy for Non-Compliance

7.1. In the event of non-compliance by the Covenantor with the Covenantor's obligations contained in this
Covenant, the Covenantee may, in its absolute discretion, issue a written direction requiring the Covenantor
to remedy the non-compliance.

7.2. Where the Covenantee issues a written direction pursuant to clause 7.1, the Covenantor shall comply with
the direction within 14 days of the issue of the direction or such other reasonable time as may be specified in
the direction. ‘

‘7.3. In the event that the Covenantor fails to comply with the written direction within the time allowed in

accordance with clause 7.2, the Covenantee may enter the Covenant Area, perform the work required to
ensure compliance by the Covenantor with the Covenantor's obligations and recover the costs of performing
the work from the Covenantee as a debt payable on demand.

Release and Indemnity

The Covenantor irrevocably releases the Covenantee from and waives any right, claim, remedy, action, cause of
action, loss, damage, expense or liability which the Covenantor may have against it in respect of this Covenant or
its performance or breach. The Covenantor hereby indemnifies and holds the Covenantee harmless from and
against any claim, right, action, remedy, cause of action, loss, damage, expense or liab y incurred, suffered or
asserted by it or anyone else in connection with the performance of this Covenant by the Covenantor or its breach
by the Covenantor or in connection with any negligence or other legal wrong of the Covenantor.

 

The Covenantor agrees with the Covenantee that the Covenantor is, as between the Covenantor and the
Covenantee, the sole occupier of the land.

No Obligations on Covenantee

The rights given to the Covenantee by this Covenant are permissive only and nothing in this Covenant imposes any
duty of any kind on the Covenantee to anyone or obliges the Covenantee to perform any act or incur any expense
for any of the purposes set out in this Covenant.

No Effect on Rates and Charges

Nothing in this Covenant or itself affects any obligations of the Covenantor to pay all taxes, rates, charges and
levies lawiully imposed in respect of the Land.

Registration

The Covenantor agrees to do everything necessary at the Covenantor's expense to ensure that this Covenant is

registered against the title to the Land. .
FAY
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