2016-10-17 GC Agenda - Item 8 - Attachment 2 (Amended) - Statement of Financial Position

            (ii)    test the Buses (excluding the Charging Infrastructure) for compliance with
                    the requirements of the Lease;

            (iii)   issue a certificate to the Lessee which certifies that the Buses (excluding
                    the Charging Infrastructure) have been manufactured and tested and
                    comply with the requirements of the Lease.

      (c)   By 18th May 2017, the Lessor must:

            (i)     deliver the Buses and install the Charging Infrastructure in accordance
                    with the Lease so they are capable of being operated from the
                    Commencement Date;

            (ii)    test the Buses (including the Charging Infrastructure) for compliance with
                    the requirements of the Lease following their delivery and installation in
                    accordance with clause 8(c)(i);

            (iii)   issue a certificate to the Lessee which certifies that the Buses (including
                    the Charging Infrastructure) have been delivered in accordance with
                    clause 8(c)(i) and tested in accordance with clause 8(c)(ii), and comply or
                    with the requirements of the Lease and are capable of being operated
                    from the Commencement Date.

      (d)   A failure to comply with any of this clause 8, or the issuing of a false certificate
            under this clause 8, shall be a substantial breach of the Lease by the Lessor
            which shall entitle the Lessee to issue a notice to show cause under clause 26.2.

9.    Commencement Date

      (a)   The Lessor shall deliver the Buses to the Delivery Point on the Commencement
            Date.

      (b)   The Lessor is responsible for the costs associated with the delivery of the Buses
            to the Delivery Point.

10.   Risk and indemnity

      (a)   Subject to the terms of the Lease:

            (i)     the Buses shall be at the risk of the Lessee from when the Lessee takes
                    possession of the Buses until the Lessee makes the Buses available for
                    collection by the Lessor on the End Date under clause 25(a);

            (ii)    the Buses are otherwise at the risk of the Lessor.

      (b)   Subject to clause 10(c), the Lessor must indemnify the Lessee, its employees and
            agents against all Claims, losses and liabilities (including fines, penalties or similar
            sanctions and legal costs on a full indemnity basis) which they suffer, incur or
            become liable (or which they may suffer, incur or become liable to pay), of
            whatsoever nature, in respect of:

            (i)     any:

                    (A)     death or personal injury;

                    (B)     loss of or damage to property, including property of the Lessee or
                            for which the Lessee is responsible, and including reasonably
                            foreseeable loss of use of property which has not been specifically

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