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

                            damaged or destroyed, and reasonably foreseeable economic loss
                            directly related to property damage,

                    arising from the use or transportation of the Buses while the Buses at the
                    Lessor's risk, or howsoever arising in connection with the supply or use of
                    the Charging Infrastructure during the Term;

            (ii)    any negligent act or omission of the Lessor or its employees, agents and
                    subcontractors;

            (iii)   any breach of the Lessor's obligations under the Lease or any warranty
                    given by the Lessor under the Lease; and

            (iv)    any breach of any Legal Requirement by the Lease.

      (c)   The indemnity in clause 10(b) shall not apply to the extent to which the Claim, loss
            or liability was caused by:

            (i)     any negligent act or omission of the Lessee or the Operator or their
                    consultants, agents, employees or other contractors (not being employed
                    by the Lessor); or

            (ii)    any breach of the Lease by Lessee.

      (d)   The Lessee shall, and shall ensure that consultants, agents, employees or other
            contractors shall, take reasonable steps to mitigate any losses or liabilities arising
            from the things referred to in clause 10(b).

      (e)   For the purpose of obtaining the benefit of the indemnity granted under clause
            10(b), the Lessee has informed each of its employees, agents and subcontractors
            of the promise of indemnification made by the Lessor under clause 10(b) and
            hereby communicates acceptance of that promise for and on behalf of each of its
            employees, agents and other Lessors to the Lessor.

      (f)   Each indemnity in the Lease is a continuing obligation, separate and independent
            from the other obligations of the Lessor and survives expiry or termination of the
            Lease.

      (g)   It is not necessary for the Lessee to suffer or incur expense or make a payment
            before enforcing or making any Claim under an indemnity conferred by the Lease.

11.   Storage of Buses

      (a)   Subject to clause 11(d), during the Term, the Lessee agrees that the Buses will
            ordinarily be kept at the Lessee's depot at 10 Bartlett St, Noosaville, Queensland
            in a secure location outside of operational hours.

      (b)   From time to time, the buses may also be towed to the Operator’s depots located
            at 9 Bonanza Court, Marcoola and 10-12 Beech Street, Marcoola or to the Higer
            Dealership in Forest Glen for major maintenance.

      (c)   Minor cleaning and maintenance may also be undertaken at the Lessee’s depot
            at 10 Bartlett St, Noosaville.

      (d)   The Lessee may not change the holding location of the Buses during the Term
            without prior written approval of the Lessor (which must not be unreasonably
            withheld).


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