Body Corporate - Deed of Engagement 13.04.2022 · 132006.823.10

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 NICHOLSONS                                                                  Deed of Engagement
      Solicitors



3.2     The Body Corporate authorises the Manager to exclusively occupy the Occupation
        Authority Area for storage, carparking and all other purposes necessary for the
        performance of the Manager’s duties under the Agreement.

3.3     The Manager is responsible to ensure the Occupation Authority Area remains in a
        clean and tidy condition at all times and the Body Corporate is responsible for all
        maintenance and repairs of the shed.

4.      GUARANTEE

4.1     The Guarantor guarantees:

        (a)        the performance by the Manager of its obligations under this Deed; and

        (b)        the payment of all loss and damage recoverable by the Body Corporate from
                   the Manager.

4.2     This guarantee extends to claims by the Body Corporate payable in the terms of this
        Deed:

        (a)        for damages for breach; and

        (b)        for the Body Corporate’s reasonable legal and other expenses of seeking to
                   enforce the obligations of the Manager and the Guarantor.

4.3     This guarantee is not discharged and the Body Corporate’s rights against the
        Guarantor is not affected by any of the following:

        (a)        the granting of any extension of time by the Body Corporate to the Manager
                   or to the Guarantor;

        (b)        the Body Corporate’s failure to enforce covenants under this Deed against
                   the Manager;

        (c)        the total or partial release of liability of the Manager or the Guarantor by the
                   Body Corporate;

        (d)        the death, bankruptcy or winding up of the Manager or Guarantor; and

        (e)        the disclaimer of this Deed following the Manager’s insolvency.

4.4     In respect of any payment made by or on behalf of the Manager under this Deed
        that is void or is voided for any reason, the Guarantor shall remain liable under the
        Guarantee as if the payment had not been made.

4.5     The Body Corporate is entitled to require the Guarantor pay to the Body Corporate
        any outstanding money or other amount to compensate the Body Corporate for any
        loss or damage without the Body Corporate having made any claim or instituted any
        proceedings against the Manager in respect of such monies.

5.      TRUSTEE PROVISIONS

5.1     If the Manager enters into this Deed or at any time holds its interest as manager as
        trustee of any trust (“Manager’s Trust”) then, whether or not the Body Corporate has
        had notice (actual or constructive) of the Manager’s Trust, the following applies: