Common use of Company’s Obligations Clause in Contracts

Company’s Obligations. The Company hereby undertakes as follows: 4.1 To use its best endeavours to deliver the Yacht to the Charterer or his appointed representative in good and seaworthy condition fully bunkered and with all the necessary gear and equipment. In the event of the Company's failure to comply with the provisions of this Clause, the Charterer's damages shall be limited to the Charter Fee and the Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant the fitness of the Yacht in all conditions of weather for any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crew. The skipper shall comply with all reasonable instructions from the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach of any of the conditions of this Agreement.

Company’s Obligations. 4.1 The Company hereby undertakes shall allow the Supplier and its personnel access at all reasonable times to the Premises for the purpose of providing the Services. 4.2 The Company shall provide the Supplier with such technical advice in connection with the performance of the Services as follows:the Supplier may from time to time reasonably require. 4.1 4.3 The Company shall provide the Supplier with any information reasonably required before the commencement of the services. 4.4 The Company and the Supplier shall each use reasonable endeavours to keep each other informed of any special requirements (including statutes and codes of good practice) applicable to the carrying out of the Services. To the extent necessary and appropriate the Supplier shall promptly take steps to comply with such special requirements. These steps shall not give rise to any increase in the fees payable pursuant to the Service unless agreed in writing between the parties. 4.5 The Company shall comply with all relevant legislation and codes of practice including but not limited to OFCOM pertaining to the use of the Services and shall indemnify the Supplier against all liability for misuse of Services in contravention thereof. 4.6 In the event that the Company or any third party, not being a subcontractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under the Agreement, then the supplier shall notify the Company as soon as possible and the Supplier will have no liability in respect to any delay in the provision of the service. 4.7 The Company will provide on-site support staff or third party staff who will diagnose faults and service issues prior to these being raised to the Supplier as a Service Call. The Company shall nominate a Point of Contact for all service related issues. 4.8 The Supplier shall make best endeavours to deliver provide the Yacht Company and its subcontractors with relevant technical information in respect of the Services so the Company can perform its obligations effectively pursuant to clause 4.7. The Supplier shall accept no Liability pursuant to clause 4.7 if the Company or its subcontractors fails to diagnose or prevent a fault as a consequence, alleged or otherwise, of the Company failing to provide the necessary technical information. 4.9 The Company will ensure that specific people within their premises are identified as authorised to make Service Calls to the Charterer Supplier and provide the Supplier with a list of these authorised people. 4.10 The Company shall notify the Supplier either orally or his appointed representative in good and seaworthy condition fully bunkered and writing as soon as practicable of any fault in the Equipment or any work or maintenance that may be necessary. 4.11 The Company shall at all times comply with all reasonable instructions, requests and advice, given by the Supplier during the resolution of faults. 4.12 The Company shall maintain all network and computing equipment within their demarcation (defined in the Service Schedule) to a minimum level capable of supporting the Service. This includes, but is not limited to, repairs, servicing, upgrades and software. 4.13 The Company shall not allow any equipment provided by the Supplier to be moved, interfered with or tampered with without first notifying the Supplier in writing and shall at all times comply with all reasonable advice given by the Supplier in relation to the operation and care of said equipment. 4.14 The Company shall obtain and pay for any licenses, way-leaves, suitable private wires, xxxx sockets or any other items reasonably necessary gear for the operation of Supplier provided equipment and equipment. In as specified in relevant Service installation documentation agreed by the event parties 4.15 The Company shall maintain an environment and clean electrical supply suitable to support efficient operation of all equipment provided by the Supplier on the Company's failure to ’s premises, and shall comply with the provisions reasonable directions of this Clausethe Supplier relating to said equipment’s positioning, the Charterer's damages shall be limited to the Charter Fee installation, care and use. 4.16 Where the Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant uses the fitness of Supplier’s services to access the Yacht in all conditions of weather for any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipperInternet, the Company shall provide a suitably qualified and experienced skipper and where appropriate crew. The skipper shall comply with all reasonable instructions from ensure that it does not use said services to engage in: 4.16.1 Unlawful, fraudulent, criminal or otherwise illegal activities 4.16.2 Sending, receiving, publishing, posting, distributing, disseminating, encouraging the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions ifreceipt of, in the opinion of the skipperuploading, such instruction would place the Yacht downloading, recording, reviewing, streaming or those on it in dangerusing any material which is offensive, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person. 4.16.3 Sending or uploading unsolicited emails except in accordance with the Privacy and Electronic Communications Regulations 2003. 4.16.4 Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by the Supplier or any other Internet user or person. 4.16.5 Activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person. 4.16.6 Activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the conditions origin or source of this Agreementany software or other material 4.16.7 Anything that may disrupt or interfere with the Supplier’s network or services or cause a host or the network to crash. 4.16.8 Launching "denial of service" attacks; "mail bombing" attacks; or "flooding" attacks against a host or network. 4.16.9 Making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments. 4.16.10 Circumventing the user authentication or security process of a host or network. 4.16.11 Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.

Company’s Obligations. 8.1 The Company hereby undertakes as followsshall: 4.1 To use its best endeavours to deliver (a) ensure that it complies with all of the Yacht terms of the licence from the Central Plains Water Trust to the Charterer or his appointed representative in good Company to grant the Company rights under the Consents; (b) take all reasonable steps to maintain the Consents to take and seaworthy condition fully bunkered use water and with all distribute such water to the necessary gear and equipment. In the event of the Company's failure to shareholders; (c) comply with the provisions of this Clausethe Companies Act 1993, the Charterer's damages shall be limited Financial Reporting Act 2013 and any Water Regional Plan and without limiting the generality of the foregoing, provide the Shareholder with annual reports and annual accounts detailing income received in the form of Water Charges and expenses incurred; (d) operate the Scheme in a professional manner and to the Charter Fee appropriate industry standards in place which will be updated from time to time; (e) attend to such reasonable maintenance and repairs as required to maintain the Scheme Infrastructure as further described in clause 8.2 below; (f) comply with its obligations and ensure that the Company’s contractors/employees comply with their obligations under the Health and Safety at Work Act 2015 and all regulations made under that Act and take reasonable steps to mitigate damage and cause as little interruption as possible to the Property and the Company shall have no liability for consequential losses carrying on by the Shareholder of whatsoever nature. its farming operations when attending to repairs and/or work as set out in clause 7 above; and (g) promptly pay and discharge all amounts due by it or obligations imposed on it by the Canterbury Regional Council in respect of the Consents held in relation to the take and use of the water. 8.2 The Company does not warrant the fitness of the Yacht in all conditions of weather for will endeavour to carry out any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht maintenance or repairs to the Charterer at Scheme Infrastructure outside of an Irrigation Season. However if the agreed time and place. The Company determines, acting reasonably, that maintenance or repairs are required during an Irrigation Season, the Company reserves the right to substitute suspend the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in supply of water to carry out such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crewactivities. The skipper shall comply with all Company will use reasonable instructions from endeavours to (i) promptly notify the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach Shareholder of any suspension prior to such suspension taking effect and (ii) limit the period of suspension. Any suspension pursuant to this clause 8.2 shall in no way limit the conditions of this AgreementShareholder’s obligations under clause 5 (Water Charges) or clause 7 (Shareholder’s obligations).

Company’s Obligations. 4.1 The Company hereby undertakes as follows:shall have the sole responsibility to notify to GetSet about the problems and request for support services are formally raised in accordance with the procedure prescribed in respect thereof and all such requests confirm with the formats prescribed by GetSet from time to time. 4.1 To use its best endeavours to deliver the Yacht to the Charterer or his appointed representative in good and seaworthy condition fully bunkered and with 4.2 The Company shall carry out all the necessary gear recommendations of GetSet for determining the nature or cause of a problem and equipmentfor the resolution of the same. 4.3 With all severity levels, the Company will work closely with GetSet to provide reproducible results for any defect reported. GetSet cannot guarantee any patch or workaround if the defect cannot be reproduced. GetSet requires that the Company provide remote access to their system, if possible. 4.4 The Company shall perform the user acceptance testing of the corrected software provided by GetSet and inform GetSet about the acceptance of the corrected software. In case the event Company does not inform GetSet about the acceptance aforesaid within 5 days of the delivery of the corrected software, the corrected software shall be deemed to have been accepted by the Company. 4.5 The Company shall promptly implement the corrected software and/or maintenance releases provided at the designated location(s) of the Company's failure to comply with the provisions of this Clause, the Charterer's damages shall be limited to the Charter Fee and the . 4.6 The Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant the fitness undertake regular maintenance of the Yacht in all conditions of weather for any particular passage within the Cruising Limitsdesignated hardware and Equipment including preventive maintenance. 4.2 To use its best endeavours to deliver the Yacht to the Charterer 4.7 Where GetSet provides Services at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipperCompany’s site, the Company shall provide a suitably qualified arrange to make available to GetSet’s personnel reasonable office, computer, communication and experienced skipper and where appropriate crewother necessary facilities at no cost to GetSet. The skipper Company shall comply with all reasonable instructions from the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to ensure the safety and navigation of the Yacht during the Charter Period and the skipper GetSet's personnel while working at their site. The Company shall not be bound to follow the Charterers instructions ifemploy any of GetSet’s Personnel on any work, which, in the opinion of GetSet is inappropriate to his/her qualifications and experience or on any work, which is not directly connected with the skipperServices to be rendered. 4.8 The Company shall give GetSet and its personnel full access (physical and/or remote) to the Support Location, to the Software Application(s) and the designated hardware & Equipment to enable GetSet to provide the Services. 4.9 The Company shall further ensure that all such instruction would place hardware, software, infrastructure, support, information, advise, approval, consent, feedback, etc. that may be necessary or required for rendering Services under this Agreement and requested for by GetSet or its personnel is made available to it promptly and within the Yacht time specified by them. 4.10 The Company shall be solely responsible for maintenance and support of all the designated hardware, companion software, servers, networking products, other equipments, and operating systems and/or database software, on or those on it in danger, result in with which the Charterer failing to re-deliver Company operates the Yacht ob the expiry of the Charter Period and/or cause a breach of any of the conditions of this AgreementSoftware Applications.

Company’s Obligations. 8.1 The Company hereby undertakes as followsshall: 4.1 To use its best endeavours to deliver (a) ensure that it complies with all of the Yacht terms of the licence from the Central Plains Water Trust to the Charterer or his appointed representative in good Company to grant the Company rights under the Consents; (b) take all reasonable steps to maintain the Consents to take and seaworthy condition fully bunkered use water and with all distribute such water to the necessary gear and equipment. In the event of the Company's failure to shareholders; (c) comply with the provisions of this Clausethe Companies Act 1993, the Charterer's damages shall be limited Financial Reporting Act 1993 and any Water Regional Plan and without limiting the generality of the foregoing, provide the Shareholder with annual reports and annual accounts detailing income received in the form of Water User Charges and expenses incurred; (d) operate the Scheme in a professional manner and to the Charter Fee appropriate industry standards in place which will be updated from time to time; (e) attend to such reasonable maintenance and repairs as required to maintain the Scheme Infrastructure as further described in clause 8.2 below; (f) comply with its obligations and ensure that the Company’s contractors/employees comply with their obligations under the Health and Safety in Employment Act 1992 and all regulations made under that Act and take reasonable steps to mitigate damage and cause as little interruption as possible to the Property and the Company shall have no liability for consequential losses carrying on by the Shareholder of whatsoever nature. its farming operations when attending to repairs and/or work as set out in clause 7 above; and (g) promptly pay and discharge all amounts due by it or obligations imposed on it by the Canterbury Regional Council in respect of the Consents held in relation to the take and use of the water. 8.2 The Company does not warrant the fitness of the Yacht in all conditions of weather for will endeavour to carry out any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht maintenance or repairs to the Charterer at Scheme Infrastructure outside of an Irrigation Season. However if the agreed time and place. The Company determines, acting reasonably, that maintenance or repairs are required during an Irrigation Season, the Company reserves the right to substitute suspend the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in supply of water to carry out such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crewactivities. The skipper shall comply with all Company will use reasonable instructions from endeavours to (i) promptly notify the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach Shareholder of any suspension prior to such suspension taking effect and (ii) limit the period of suspension. Any suspension pursuant to this clause 8.2 shall in no way limit the conditions of this AgreementShareholder’s obligations under clause 5 (Water User Charges) or clause 7 (Shareholder’s obligations).

Company’s Obligations. The obligation of the Company hereby undertakes as follows: 4.1 To use its best endeavours to deliver the Yacht Notes upon payment therefor will be subject to the Charterer conditions that (i) the Indenture will be qualified under the 1939 Act, (ii) no stop order suspending the effectiveness of the Registration Statement, as amended from time to time, shall be in effect, and (iii) no proceedings for that purpose shall be pending before, or his appointed representative threatened by, the SEC. If any condition specified in good this Section 6 shall not have been fulfilled when required to be fulfilled, this Agreement may be terminated by the Company by written notice to the Agents at any time and seaworthy condition fully bunkered such termination shall be without liability of any party to any other party, except that the covenant regarding provision of an earnings statement set forth in Section 4(d) hereof, the indemnity and with all contribution agreement set forth in Section 9 hereof, the necessary gear provisions regarding payment of expenses under Section 10 hereof, the provisions concerning the representations, warranties, indemnities and equipmentagreements to survive delivery of Section 11 hereof, the provisions relating the notices set forth in Section 13 hereof, the provisions relating to governing law and forum set forth in Section 14 hereof, and the provisions relating to parties set forth in Section 15 hereof shall remain in effect. ECTION Delivery of and Payment for Notes Sold through an Agent. Delivery of Notes sold through an Agent as agent shall be made by the Company to such Agent for the account of any purchaser only against payment therefor in immediately available funds. In the event that a purchaser shall fail either to accept delivery of or to make payment for a Note on the date fixed for settlement, such Agent shall promptly notify the Company and deliver such Note to the Company and, if such Agent has theretofore paid the Company for such Note, the Company will promptly return such funds to such Agent. If such failure occurred for any reason other than default by such Agent in the performance of its obligations hereunder, the Company will reimburse such Agent on an equitable basis for its loss of the use of the funds for the period such funds were credited to the Company's failure to comply with the provisions account. ECTION Additional Covenants of this Clause, the Charterer's damages shall be limited to the Charter Fee and the Company shall have no liability for consequential losses of whatsoever natureand U S WEST. The Company does not warrant and U S WEST covenant and agree with the fitness Agents that: Reaffirmation of Representations and Warranties. Each acceptance by the Company of an offer for the purchase of Notes (whether to one or more Agents as principal or through an Agent as agent), and each delivery of Notes (whether to one or more Agents as principal or through an Agent as agent), shall be deemed to be an affirmation that the representations and warranties of the Yacht Company and U S WEST contained in all conditions of weather for this Agreement and in any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht certificate theretofore delivered to the Charterer Agents pursuant hereto are true and correct at the agreed time of such acceptance or sale, as the case may be, and placean undertaking that such representa-tions and warranties will be true and correct at the time of delivery to such Agent or Agents or to the purchaser or its agent, as the case may be, of the Note or Notes relating to such acceptance or sale, as the case may be, as though made at and as of each such time (and it is understood that such representations and warranties shall relate to the Registration Statement and Prospectus as amended and supplemented to each such time). The Company reserves Subsequent Delivery of Certificates. Each time that the right Registration Statement or the Prospectus shall be amended or supplemented (other than by an amendment or supplement providing solely for a change in the interest rate or formula applicable to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop Notes or a fault but change in such cases the principal amount of Notes remaining to be sold or similar changes), or there is filed with the SEC any document incorporated by reference into the Prospectus or (if required in connection with the purchase of Notes by one or more Agents as principal) the Company sells Notes to such Agent or Agents as principal, each of the Company and U S WEST shall endeavour furnish or cause to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made furnished to the Charterer for each complete 12 hours delay. If Agent(s) forthwith a certifi-cate in form satisfac-tory to the Agent(s) to the effect that the statements contained in the certificates referred to in Sections 5(c) and 5(d) hereof which were last furnished to the Agents are true and correct at the time of such delay exceeds 25% amendment or supplement or filing or sale, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to such time) or, in lieu of such certificates, certificates of the total Charter Periodsame tenor as the certificates referred to in Sections 5(c) and 5(d) hereof, modified as necessary to relate to the Charterer Registration Statement and the Pro-spectus as amended and supplemented to the time of delivery of such certificates. Subsequent Delivery of Legal Opinions. Each time that the Registration Statement or the Prospectus shall be at liberty amended or supplemented (other than by an amendment or supplement providing solely for a change in the interest rate or formula applicable to treat the charter Notes or a change in the principal amount of Notes remaining to be sold or similar changes), or there is filed with the SEC any document incorporated by reference into the Prospectus (other than a document setting forth or incorporating by reference financial statements or other information as being terminated of and for a fiscal quarter, unless specifically requested by all of the Agents) or (if required in connection with the purchase of Notes by one or more Agents as principal) the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable sells Notes to pay the Charterer any other compensation for any loss such Agent or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipperAgents as principal, the Company and U S WEST shall provide furnish or cause to be furnished to the Agent(s) and to counsel to the Agents a suitably qualified written opinion of counsel to the Company and experienced skipper U S WEST, satisfactory to the Agent(s), dated the date of delivery of such opinion, in form satisfac-tory to the Agent(s), of the same tenor as the opinion referred to in Section 5(b)(1) hereof but modified, as necessary, to relate to the Registration Statement and where appropriate crewthe Prospectus as amended and supplemented to the time of delivery of such opinion or, in lieu of such opinion, counsel last furnishing such opinion to the Agents shall furnish the Agent(s) with a letter to the effect that the Agent(s) may rely on such last opinion to the same extent as though it was dated the date of such letter authorizing reliance (except that statements in such last opinion shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented to the time of delivery of such letter authorizing reliance). The skipper Subsequent Delivery of Comfort Letters. Each time that the Registration Statement or the Prospectus shall comply be amended or supplemented to include additional financial information or there is filed with all reasonable instructions the SEC any docu-ment incorporated by reference into the Prospectus which contains additional financial information, or (if required in connection with the purchase of Notes by one or more Agents as principal) the Company sells Notes to such Agent or Agents as principal, the Company and U S WEST shall cause Coopers & Xxxxxxx L.L.P. forthwith to furnish to the Agent(s) a letter, dated the date of filing of such amendment, supplement or document with the SEC, or the date of such sale, as the case may be, in form satisfactory to the Agent(s), of the same tenor as the portions of the letter referred to in Section 5(g) hereof, but modified to relate to the Registration Statement and Prospectus, as amended and supplemented to the date of such letter, and with such other changes as may be necessary to reflect changes in the financial statements and other information derived from the Charterer regarding the operation and movement accounting records of the Yacht during Company and U S WEST; provided, however, that if the Charter Period. 4.4 Notwithstanding Clause 4.3 above Registration Statement or the skipper shall have absolute authority with regard Prospectus is amended or supplemented solely to include financial information as of and for a fiscal quarter, Xxxxxxx & Xxxxxxx L.L.P. may limit the scope of such letter to the safety and navigation unaudited financial statements included in such amendment or supplement, unless any other information included therein of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions ifan accounting, financial, or statistical nature is of such a nature that, in the opinion reasonable judgment of the skipperAgent(s), such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach of any of the conditions of this Agreementletter should cover such other information.

Company’s Obligations. 8.1 The Company hereby undertakes as followsshall: 4.1 To use its best endeavours to deliver (a) ensure that it complies with all of the Yacht terms of the licence from the Central Plains Water Trust to the Charterer or his appointed representative in good Company to grant the Company rights under the Consents; (b) take all reasonable steps to maintain the Consents to take and seaworthy condition fully bunkered use water and with all distribute such water to the necessary gear and equipment. In the event of the Company's failure to Shareholders; (c) comply with the provisions of this Clausethe Companies Act 1993, the Charterer's damages shall be limited Financial Reporting Act 2013 and any Water Regional Plan and without limiting the generality of the foregoing, provide the Shareholder with annual reports and annual accounts detailing income received in the form of Water Charges and expenses incurred; (d) operate the Sheffield Scheme in a professional manner and to the Charter Fee appropriate industry standards in place which will be updated from time to time; (e) attend to such reasonable maintenance and repairs as required to maintain the Sheffield Infrastructure as further described in clause 8.2 below; (f) comply with its obligations and ensure that the Company’s contractors/employees comply with their obligations under the Health and Safety at Work Act 2015 and all regulations made under that Act and take reasonable steps to mitigate damage and cause as little interruption as possible to the Property and the Company shall have no liability for consequential losses carrying on by the Shareholder of whatsoever nature. its farming operations when attending to repairs and/or work as set out in clause 7 above; and (g) promptly pay and discharge all amounts due by it or obligations imposed on it by the Canterbury Regional Council in respect of the Consents held in relation to the take and use of the water. 8.2 The Company does not warrant the fitness of the Yacht in all conditions of weather for will endeavour to carry out any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht maintenance or repairs to the Charterer at Sheffield Infrastructure outside of an Irrigation Season. However if the agreed time and place. The Company determines, acting reasonably, that maintenance or repairs are required during an Irrigation Season, the Company reserves the right to substitute suspend the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in supply of water to carry out such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crewactivities. The skipper shall comply with all Company will use reasonable instructions from endeavours to (i) promptly notify the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach Shareholder of any suspension prior to such suspension taking effect and (ii) limit the period of suspension. Any suspension pursuant to this clause 8.2 shall in no way limit the conditions of this AgreementShareholder’s obligations under clause 5 (Water Charges) or clause 7 (Shareholder’s obligations).

Company’s Obligations. 4.1 The Company hereby undertakes as followsagrees to indemnify the Contributor in respect of any claim made against the Contributor for defamation arising out of the publication of the Works or the Previous Works by the Company or the subsequent licensing of the Works or the Previous Works subject to the Contributor having complied with: 4.1 To use its best endeavours to deliver (a) the Yacht warranties in clause 2; and (b) relevant prevailing law. 4.2 The Company will, in respect of the Works,: (a) pay the Fees to the Charterer or his appointed representative in good Contributor within 28 days of receiving a tax-compliant invoice from the Contributor (including GST) which may only be rendered after the Works have been delivered to and seaworthy condition fully bunkered accepted by the Company; and (b) reimburse the Contributor for reasonable Expenses provided that the Contributor had the prior written approval of the Company to incur them and with all that they are justified by way of receipts and other documents to the necessary gear and equipment. In the event satisfaction of the Company's failure . 4.3 The Company and all licensees recognise the Moral Rights of the Contributor. The Contributor agrees that the Company and all licensees at their sole discretion: (a) are not obliged to comply publish the Works or the Previous Works; (b) may edit and display the Works and the Previous Works as they see fit in accordance with the provisions of this Clause, the Charterer's damages shall be usual editing practices including but not limited to grammatical correction, legal compliance, company style and space requirements. Details as to form, design and manner of publication and advertising the Charter Fee Works and the Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant the fitness of the Yacht in all conditions of weather for any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer Previous Works shall be at liberty the Company’s and all sub-licensees’ discretion; and (c) shall take all reasonable steps to treat ensure that it publishes the charter as being terminated name of the Contributor with the Works and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charterPrevious Works. 4.3 Where 4.4 The Company is not obliged to accept the Charterer indicates Works if there has been a requirement for a professional skipperbreach of clause 2.1(a) and 2.1(b) of this agreement. 4.5 Despite anything else, the Company shall provide a suitably qualified and experienced skipper and where appropriate crew. The skipper shall comply with all reasonable instructions may withhold any amounts from monies which it pays or is payable by it to the Charterer regarding the operation and movement of the Yacht during the Charter PeriodContributor in relation to withholding tax or otherwise as required by relevant laws or regulations. 4.4 Notwithstanding Clause 4.3 above 4.6 Company warrants that it will not knowingly require Contributor to produce the skipper shall have absolute authority with regard Works and/or Services and/or Additional Services in a way which breaches the law or the rights of any third person. Company indemnifies Contributor in relation to any costs or losses suffered to the safety and navigation extent those costs or losses arose as a direct result of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach of any of the conditions of this Agreementwarranty.

Company’s Obligations. 3.1 The Company hereby undertakes as follows:shall allow the Supplier and its personnel access at all reasonable times to the Premises for the purpose of providing the Services. 4.1 To 3.2 The Company shall provide the Supplier with any information reasonably required before the commencement of the services. 3.3 The Company and the Supplier shall each use its best reasonable endeavours to deliver the Yacht keep each other informed of any special requirements (including statutes and codes of good practice) applicable to the Charterer or his appointed representative carrying out of the Services. To the extent necessary and appropriate the Supplier shall promptly take steps to comply with such special requirements. These steps shall not give rise to any increase in good and seaworthy condition fully bunkered and the fees payable pursuant to the Service unless agreed in writing between the parties. 3.4 The Company shall comply with all relevant legislation and codes of practice including but not limited to OFCOM pertaining to the necessary gear use of the Services and equipment. shall indemnify the Supplier against all liability for misuse of Services in contravention thereof. 3.5 In the event that the Company or any third party, not being a subcontractor of the Company's failure Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under the Agreement, then the supplier shall notify the Company as soon as possible and the Supplier will have no liability in respect to any delay in the provision of the service. 3.6 The Company will ensure that specific people within the End User are identified as authorised to make Service Calls to the Supplier and provide the Supplier with a list of these authorised people. 3.7 The Company shall notify the Supplier either orally or in writing as soon as practicable of any fault in Equipment or any work or maintenance that may be necessary. 3.8 The Company shall at all times comply with all reasonable instructions, requests and advice, given by the Supplier during the resolution of faults. 3.9 The Company shall not allow any equipment provided by the Supplier to be moved, interfered with or tampered with without first notifying the Supplier in writing and shall at all times comply with all reasonable advice given by the Supplier in relation to the operation and care of said equipment. 3.10 The Company shall obtain and pay for any licenses, way-leaves, suitable private wires, jack sockets or any other items reasonably necessary for the operation of Supplier provided equipment and as specified in relevant Service installation documentation agreed by the parties 3.11 The Company shall ensure the End User maintains an environment and clean electrical supply suitable to support efficient operation of the Supplier provided equipment, and shall comply with the provisions of this Clause, the Charterer's damages shall be limited to the Charter Fee and the Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant the fitness reasonable directions of the Yacht in all conditions of weather for any particular passage within the Cruising LimitsSupplier relating to said equipment’s positioning, installation, care and use. 4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 3.12 Where the Charterer indicates a requirement for a professional skipperEnd User uses the Supplier’s services to access the Internet, the Company shall provide a suitably qualified and experienced skipper and where appropriate crew. The skipper shall comply with all reasonable instructions from ensure that it does not use said services to engage in: 3.12.1 Unlawful, fraudulent, criminal or otherwise illegal activities 3.12.2 Sending, receiving, publishing, posting, distributing, disseminating, encouraging the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions ifreceipt of, in the opinion of the skipperuploading, such instruction would place the Yacht downloading, recording, reviewing, streaming or those on it in dangerusing any material which is offensive, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person. 3.12.3 Sending or uploading unsolicited emails except in accordance with the Privacy and Electronic Communications Regulations 2003. 3.12.4 Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by the Supplier or any other Internet user or person. 3.12.5 Activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person. 3.12.6 Activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the conditions origin or source of this Agreementany software or other material 3.12.7 Anything that may disrupt or interfere with the Supplier’s network or services or cause a host or the network to crash. 3.12.8 Launching "denial of service" attacks; "mail bombing" attacks; or "flooding" attacks against a host or network. 3.12.9 Making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments. 3.12.10 Circumventing the user authentication or security process of a host or network. 3.12.11 Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.

Company’s Obligations. 6.1 The Company hereby undertakes as followsacknowledges and agrees (for itself and for all Company Parties) that: 4.1 To (a) the relevant Company Party will determine the relative priorities of Personnel resources in accordance with the agile process described in Exhibit A (in relation to the provision of the Ordered Services, Software and Deliverables, but not otherwise); (b) the relevant Company Party shall provide adequate direction for the Personnel to enable them to effectively discharge their duties in relation to the Ordered Services; (c) the relevant Company Party provide proper, adequate, safe, comfortable and suitable environmental and operating conditions if the Personnel provide the Services at its premises and ensure that all appropriate insurances are in place of an adequate amount to indemnify against liabilities incurred by such Company Party towards each such person; (d) the relevant Company Party shall inform the Vendor in writing a reasonable time before the commencement of any Services of any regulations, codes and/or practices relevant to the Personnel when attending the relevant Company Party’s premises; (e) the relevant Company Party shall use its best reasonable endeavours to deliver the Yacht ensure that its business systems, and all network connections and telecommunications links from such systems to the Charterer or his appointed representative in good and seaworthy condition fully bunkered and with all the necessary gear and equipment. In the event of the Company's failure to Vendor’s systems and/or data centres, comply with the provisions of this Clause, relevant specifications provided by the Charterer's damages shall be limited Vendor from time to time; (f) promptly provide to the Charter Fee Vendor (including the Personnel) such data, information and assistance that will enable the Vendor and the Personnel to carry out fully, accurately and promptly the Vendor’s obligations under this Agreement; (g) the relevant Company Party shall have no liability for consequential losses promptly comply with all of whatsoever nature. The Company does not warrant reasonable requests made by the fitness Vendor or the Personnel in connection with this Agreement or the provision of the Yacht in all conditions of weather for any particular passage within Ordered Services; and (h) the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The relevant Company reserves the right to substitute the Yacht listed on this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crew. The skipper Party shall comply with all reasonable instructions from applicable laws, statutes, regulations and bye-laws in relation to the Charterer regarding exercise of its rights and the operation and movement performance of the Yacht during the Charter Periodits obligations under this Agreement. 4.4 Notwithstanding Clause 4.3 above 6.2 The Company acknowledges and agrees (for itself and for all Company Parties) that: (a) the skipper shall have absolute authority with regard to relevant Company Party is responsible for ensuring that it provides the safety and navigation of the Yacht during the Charter Period Vendor and the skipper Personnel with such information and instructions as are necessary (whether or not requested) in order to properly provide the Ordered Services; and (b) the Vendor shall not be bound responsible or, subject to follow Section 12.3.3, have any liability for any failure to provide the Charterers instructions ifOrdered Services to the extent caused by a Company Party’s failure to properly ensure the provision of the relevant information and/or instructions. 6.3 The Company acknowledges and agrees (for itself and for all Company Parties) that it is the relevant Company Party’s responsibility to ensure that the Ordered Services are sufficient and suitable for its purposes. Without prejudice to the generality of the foregoing, it is the relevant Company Party’s responsibility to ensure that: (a) any decision or implementation made by the Company Party or its employees, agents or other contractors as a result of any advice, recommendation or course of action proposed in the opinion provision of the skipper, such instruction would place the Yacht Ordered Services is made or those on it in danger, result implemented in the Charterer failing Company Party’s best interests; and (b) the process of making such decision or implementation by the Company Party and/or the Company Party’s employees, agents and other contractors is made in compliance with the Company Party’s relevant risk strategy; and, except to re-deliver the Yacht ob extent that our advice, recommendations or proposals have not been provided in accordance with Section 5.1(b), the expiry Company Party bears absolute responsibility (and, subject to Section 12.3.3, the Vendor shall not have any liability) for such decision and/or implementation and the consequences of any such decision and/or implementation. 6.5 Appropriate representatives of the Charter Period and/or cause Parties shall meet on a breach of any regular basis at times, dates and locations to be agreed between the Parties to discuss the ongoing performance of the conditions Services. 6.6 Appropriate representatives of this Agreementthe Parties shall meet on a monthly basis at times, dates and locations to be agreed between the Parties to review the Vendor’s performance and any other issues concerning the Agreement and the Services.

Company’s Obligations. The Company hereby undertakes as follows: 4.1 To use its best endeavours to deliver the Yacht to the Charterer or his appointed representative in good and seaworthy condition fully bunkered and with all the necessary gear and equipment. In the event of the Company's failure to comply with the provisions of this Clause, the Charterer's damages shall be limited to the Charter Fee and the Company shall have no liability for consequential losses of whatsoever nature. The Company does not warrant the fitness of the Yacht in all conditions of weather for any particular passage within the Cruising Limits. 4.2 To use its best endeavours to deliver the Yacht to the Charterer at the agreed time and place. The Company reserves the right to substitute the Yacht listed on this Charter Booking Form/Form / Charter Agreement Terms & Conditions should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage whatsoever nature resulting from the curtailment or cancellation of the charter. 4.3 Where the Charterer indicates a requirement and pays for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crewskipper. The skipper shall comply with all reasonable and safe instructions from the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob on the expiry of the Charter Period and/or cause a breach of any of the conditions of this Agreement.

Company’s Obligations. 2.1 The Company hereby undertakes as followsshall, with reasonable care, skill and diligence provide the Services and the Deliverables to the Client, in accordance with: 4.1 To use its best endeavours 2.1.1 the specific requirements as set out in the Agreement; and 2.1.2 such methods as the Company shall deem suitable on a case by case basis having regard to deliver relevant trade custom, usage or practice, professional industry standards, directives given by competent authorities and applicable law. 2.2 The Company performs, without limitation, sampling, surveys, inspections, laboratory analyses, assessments, as contractually agreed by the Yacht Parties. 2.3 Subject to the Charterer Client’s instructions as accepted by the Company, the Company will issue reports, certificates of inspection or his appointed representative other Deliverables which reflect statements of facts or/opinion made with due care within the limitation of instructions received but the Company is under no obligation to refer to or report upon any facts or circumstances which are outside the specific instructions received except when required by law. 2.4 In providing the Services, the Company does not take the place of contractors, manufacturers, producers, operators, transporters, importers, suppliers or owners, who, notwithstanding the Company’s actions, are not released from any of their obligations of whatever nature. If and to the extent that the Client releases any third party from its liabilities, obligations and duties with respect to the Client’s products or services, or from its liabilities, obligations and duties with respect to information upon which the Company relied in good the performance of the Services, such unfulfilled liabilities of a third party will not cause the liability of the Company to increase and seaworthy condition fully bunkered the Client shall assume and with all undertake as its own such liabilities, obligations and duties. 2.5 The Deliverables are given only in relation to the necessary gear written instructions, documents, information and equipmentsamples provided to the Company by the Client prior to the performance of the Services. In The Company cannot be held liable for any error, omission or inaccuracy in the event Deliverables to the extent that the Company has been given erroneous or incomplete information by the Client. 2.6 Reports or certificates issued following testing or analysis of Samples submitted to the Company for analysis (but not drawn from the Company’s personnel) contain the Company's failure specific opinion on those Samples only. 2.7 Where the Company provides and/or sells goods (as opposed to comply services) to the Client (whether combined with or separately from any services), and such goods have been acquired by the provisions of this ClauseCompany from a third party, the Charterer's damages Company gives no express or implied warranty as to the quality of such goods or their fitness for purpose. However, upon written request by the Client, the Company will assign (as far as possible) its rights against such third party. 2.8 The Company shall be limited entitled to the Charter Fee replace offered and the Company shall have no liability for consequential losses of whatsoever naturedeployed personnel by other personnel with broadly equivalent expertise at any time. The Company does not warrant or guarantee that the fitness personnel possesses any specific certification unless agreed in writing or required under the mandatory provisions of the Yacht in all conditions any applicable accreditation scheme or applicable provisions of weather for any particular passage within the Cruising Limits. 4.2 To use its best endeavours mandatory law. The Company shall endeavor to provide personnel with sufficient/adequate expertise to deliver the Yacht Services. 2.9 Notwithstanding any other provision of any Agreement the Company shall not be obliged to provide Services if it considers that it would be placed (or payment thereof would place it) in breach of any applicable international sanctions or trade restrictions or any sanctions imposed by the Charterer at State of the agreed time and placeClient’s or the Company’s seat. The Company reserves the right to substitute exercise its right to refuse the Yacht listed on acceptance of any such nomination or request made under this Booking Form/Charter Agreement should that vessel develop a fault but in such cases the Company shall endeavour to supply a Yacht of similar (or higher specifications. If for any reason the Yacht shall not be so delivered, a pro-rata refund otherwise) at its own discretion and will be made to the Charterer for each complete 12 hours delay. If such delay exceeds 25% of the total Charter Period, the Charterer shall be at liberty to treat the charter as being terminated and the Company shall thereupon return the proportion of the Charter Fee paid and the Security Deposit in full. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage losses whatsoever nature resulting from the curtailment or cancellation Client may incur as a result of the chartersuch refusal. 4.3 Where the Charterer indicates a requirement for a professional skipper, the Company shall provide a suitably qualified and experienced skipper and where appropriate crew. The skipper shall comply with all reasonable instructions from the Charterer regarding the operation and movement of the Yacht during the Charter Period. 4.4 Notwithstanding Clause 4.3 above the skipper shall have absolute authority with regard to the safety and navigation of the Yacht during the Charter Period and the skipper shall not be bound to follow the Charterers instructions if, in the opinion of the skipper, such instruction would place the Yacht or those on it in danger, result in the Charterer failing to re-deliver the Yacht ob the expiry of the Charter Period and/or cause a breach of any of the conditions of this Agreement.