Common use of Defects Clause in Contracts

Defects. (a) If, prior to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the following: (i) requiring the Supplier to correct the Defect, or any part of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this Agreement. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. 10.1 A PRE-CONDITION OF THE WARRANTY RIGHTS (aCLAIMS BASED ON DEFECTS) IfOF THE CUSTOMER IN TERMS OF THE AGREEMENT IS THAT A CUSTOMER INSPECTS THE GOODS UPON RECEIPT WITHOUT UNDUE DELAY AND GIVES WRITTEN NOTICE OF ANY VISIBLE DEFECTS WITHOUT UNDUE DELAY AFTER THE INSPECTION OR OF HIDDEN DEFECTS AFTER THEIR DISCOVERY, prior to SPECIFYING THE DEFFECT. THIS SHALL ALSO APPLY TO INCORRECT DELIVERIES OR ITEMS IN INSUFFICIENT QUANTITIES BEING DELIVERED. NOTIFICATION MUST BE GIVEN WITHIN A PERIOD OF 10 (TEN) DAYS. 10.2 If the expiry Customer notifies the Company of the Warranty Periodsuch defects, the Customer discovers shall arrange for a fact-finding investigation as soon as possible. The results shall be forwarded to the Company directly. 10.3 SHOULD THERE BE AN ALLEGATION THAT ANY GOODS ARE UNSAFE OR DEFECTIVE, THE COMPANY SHALL NOT BE LIABLE FOR ANY HARM CAUSED WHERE SUCH ALLEGED UNSAFE GOODS’ CHARACTERISTIC, FAILURE, DEFECT OR HAZARD DID NOT EXIST IN THE GOODS AT THE TIME AT WHICH THEY WERE SUPPLIED TO THE CUSTOMER BY THE COMPANY. THEREFORE, IF NO SUCH NOTIFICATION IS RECEIVED IN TERMS OF CLAUSE 10 ABOVE, IT WILL BE REGARDED AS SUFFICIENT (PRIMA FACIE) PROOF THAT NO DEFECTS WERE PRESENT AT THE TIME OF DELIVERY AND THAT THE GOODS WERE DELIVERED IN ACCORDANCE WITH THE AGREEMENT. 10.4 In the event that the Company receives notification in terms of clause 10 above and it is satisfied that the Goods are defective or is informed that there is a Defectdo not conform to specifications, then the Company will, at the Company’s election, replace such quantity of Goods with an equal quantity of Goods or refund the applicable portion of the purchase price to the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more against return of the following:defective portion of the Goods (the return to be made at the Company’s risk and expense). (i) requiring 10.5 The Company shall not be liable where – 10.5.1 the Supplier to correct carriage costs increase because the Defect, or any part Goods are located at a place other than that of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defectplace of intended use; or (iii) advising 10.5.2 the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost Goods have been transported out of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35South Africa. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this Agreement. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. (a) If, TfNSW may inform us of the existence of a Defect which becomes apparent at any time prior to the expiry expiration of the Warranty Defects Notification Period. (b) A notice by the TfNSW under clause 11.3(a): (i) must identify the Defect; (ii) may be given at any time within the Defects Notification Period; and (iii) may state the time in which the rectification work is to be carried out and completed. If the ALT considers that the part of the Alliance Works identified as a Defect in a notice issued by TfNSW under clause 11.3(c) is not a Defect, a Participant may by written notice to the other Participants and TfNSW request that the issue be resolved in accordance with clause 18.2. (c) On receipt of any notice under clause 11.3(a), we will rectify the Defect within the period stated in that notice and in accordance with any other requirement stated in that notice. (d) If TfNSW gives a notice under clause 11.3(a) during the Defects Notification Period, the Customer discovers or is informed that there is Defects Notification Period will be extended in relation to the particular defect identified in the notice by a Defectperiod of 12 months, commencing on the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more date of rectification of the followingDefect. (e) TfNSW will be entitled to rectify a Defect itself or engage others to do rectification work if TfNSW considers that: (i) requiring the Supplier to correct the Defectrectification work must be carried out urgently for safety, environmental or any part other reasons of it;urgency; or (ii) advising we have not undertaken the Supplier that rectification work in the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, time specified in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given notice under clause 9(a)(i11.3(a), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties Where TfNSW rectifies a Defect pursuant to clause 11.3(e), any costs reasonably incurred by TfNSW in writing, the Warranty Period doing so will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defecttreated as TfNSW Alliance Costs. (g) The Customer's rights under this Agreement and at Law NOPs will not be affected or limited by: (i) reimbursed in accordance with the rights conferred upon Commercial Framework for the Customer costs reasonably incurred by this clause; (ii) the failure by the Customer or the Customer's Representative them in rectifying Defects pursuant to exercise any such rights; or (iii) any instruction of the Customer under this Agreementclause 11.3(c). (h) For clarityThe ALT must, within a reasonable time of Completion, determine any amount which should be withheld, until the Warranty Period will not be deemed Date of Final Completion, or deducted from any final payment in order to exclude or restrict any guarantee ensure that is provided at Law with respect the obligations of the Participants in relation to any Deliverable or Servicethe rectification of Defects are completed.

Defects. (a) IfSeller shall be obligated to remove mortgages, deeds of trust and other monetary liens or encumbrances of a definite and liquidated amount which encumber the Real Property (other than non-delinquent real property taxes and assessments and any encumbrances caused by or through Purchaser, the Purchaser's Representatives, or any tenant or subtenant of the Property) ("Mortgage Liens"), which the parties agree may be removed by the use of the proceeds of sale at Closing. If the proceeds of sale are insufficient to remove all Mortgage Liens, the Seller shall deposit at Closing any additional amount required to remove such Mortgage Liens, and should Seller fail to do so, Purchaser may exercise any remedy available to Purchaser at law or in equity against Seller. If any such Title Defect other than a Mortgage Lien is not cured (or subject to Purchaser's approval (not to be unreasonably withheld), insured over by the Title Company) on or prior to the expiry of the Warranty PeriodClosing Date, the Customer discovers or is informed that there is a Defect, the Customer Purchaser may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the following: either: (i) requiring terminate this Agreement, in which event (hereinafter referred to as "Election No. 1") the Supplier parties shall have no further Obligation or liability to correct each other hereunder other than the Defect, obligations which are expressly stated herein to survive the termination of this Agreement ("Surviving Obligations") and the interest on the Deposit shall be returned to Purchaser; or any part of it; (ii) advising accept title with the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Title Defect, in exchange for a reasonable reduction in, or without any adjustment to, to the cost Purchase Price and without any liability of the Deliverables or Services Seller with respect thereto (hereinafter referred to as "Election No. 2"). Title Defects which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject are acceptable as part of Election No. 2 shall thereupon be deemed to compliance with the dispute resolution procedure in clause 35be Permitted Exceptions. (b) If, prior Purchaser's obligations hereunder shall be contingent on the Title Company being unconditionally committed to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier mustissue, at no cost to the CustomerClosing, correct the Defect: (i) an ALTA Owner's Policy of Title Insurance (Form B, rev. 10/17/70) in accordance the amount of the Purchase Price insuring fee simple title to the Real Property in the Purchaser subject only to the Permitted Exceptions and the pre-printed exceptions not removed by extended coverage, and with all applicable Service Levelsa Zoning 123.2 endorsement (with parking), or if no applicable Service Levels applyan access endorsement, within 15 Business Days after the date on which the non-compliance was notified toa contiguity endorsement, or identified bya restrictions endorsement, the Supplier (or and such other timeframe endorsements as agreed between may be reasonably requested by Purchaser and available in California (the parties in writing"ALTA Title Policy"); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this Agreement. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. (a1) The Contractor may direct the Sub-Contractor to search for a Defect or suspected Defect or its cause. This may include uncovering, dismantling, re-covering and re-erecting work, providing facilities for tests, testing and inspecting. If, prior to the expiry of the Warranty Periodthrough searching or otherwise, the Customer Sub-Contractor discovers or is informed that there is a Defect, the Customer Sub-Contractor shall notify the Contractor as soon as practicable. (2) If, through notification or otherwise, the Contractor becomes aware of a Defect, the Contractor may give direct the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one Sub-Contractor to do any or more all of the following:following:- (i) requiring to remove the Supplier to correct defective Sub-Contract Works Item from the Defect, or any part of it;Site (ii) advising to demolish the Supplier that defective Sub-Contract Works Item, if incorporated in the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; orWorks. (iii) advising to reconstruct, replace or correct the Supplier defective Sub-Contract Works Item (iv) not to deliver the defective Sub-Contract Works Item to the Site (3) The Sub-Contractor shall comply with any direction under this sub-clause 8(d) within the reasonable times (if any) the Contractor directs and in any event within any time limit imposed by the Employer’s Representative. If the Sub-Contractor fails to begin the work required to comply with the direction within the reasonable time directed (if any) or fails to complete it as soon as practicable, the Contractor may have the work done by others and the Sub-Contractor shall on request pay the Contractor the cost thereby incurred. (4) Alternatively, the Contractor and the Employer’s Representative may, with the Employer’s and Sub-Contractor’s agreement, agree that the Customer Employer will accept the Deliverable or Service, or any part thereof, despite the Defect, either in exchange for a reasonable reduction in, whole or adjustment tosubject to any change to the Works Requirements that the Employer’s Representative directs. In this case, the cost Sub-Contract Sum shall be reduced by the amount that, in the opinion of the Deliverables or Services which were impacted by Employer’s Representative, is the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with resulting decrease in the dispute resolution procedure in clause 35. (b) If, prior value of the Works to the expiry of Employer. If the Warranty Period, Contractor notifies the Supplier identifies Sub-Contractor that the Employer will not accept a Defect, this shall be conclusive. Notwithstanding this provision, the Supplier must notify Sub-Contractor shall be entitled in any case to make good any Defect in the Customer Sub- Contract Works and thus avoid a deduction from the Sub-Contract Sum in writing within one Business Day respect of identifying the Defect. (c5) If, prior to If a Defect in the expiry Sub-Contract Works deprives the Employer of substantially the whole benefit of the Warranty PeriodWorks or any Section or other material part of the Works, the Supplier identifies a Defect Employer’s Representative may reject the Works or an instruction is given the relevant part of the Works. In this event, the Sub-Contractor will indemnify the Contractor in relation to any loss incurred by the Contractor under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: 8.5 (i“Defects”) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this AgreementMain Contract or otherwise. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. (a) If, prior to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction written notice (with which the Supplier will comply) specifying the Defect and doing one or more of the following: (i) requiring the Supplier to correct the Defect, or any part of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; oror NSW Health | Deed | Standing Offer Arrangement (SOA) | Goods and Services OFFICIAL (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services Supplies which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 3530. (b) The Supplier must ensure that facilities for the repair of the Deliverables are available for the Warranty Period. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (cd) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction a notice is given under clause 9(a)(i8(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (de) Without limiting any right or remedy of the Customer, in the event that the Supplier does not remedy any Defects in accordance with this Agreement, the Customer may exercise any of its rights at Law or under this Agreement, including remedying the Defect itself or having the Defect remedied by a third party at the Supplier's cost. (f) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (eg) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of any or all such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (fh) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or that their functionality was materially decreased or impaired due to a Defect. (gi) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any notice or instruction of the Customer under this Agreement. (hj) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.. NSW Health | Deed | Standing Offer Arrangement (SOA) | Goods and Services OFFICIAL

Defects. 7.1 If the Customer believes that any Product delivered is defective at the date of delivery or that the Product delivered does not correspond with the Customer’s order in terms of type, quantity, variety or otherwise, the Customer must notify the Seller within seven (7) days of delivery. 7.2 Save where a defect or error is not readily apparent in any reasonably conducted inspection of the Product at the time of delivery, if the Customer fails to notify the Seller pursuant to clause 7.1, the Customer is deemed to accept the Product and loses all rights it would otherwise have against the Seller in respect of the matters referred to in clause 7.1. 7.3 For Products which the Seller has agreed in writing are defective or were delivered in error, the Seller’s liability is limited to either (at the Seller’s discretion): (a) If, prior to the expiry replacement of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the following: (i) requiring the Supplier to correct the Defect, or any part of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the DefectProducts; or (iiib) advising repair of the Supplier that Products, except where the Customer has acquired the Products as a consumer (as defined in the Australian Consumer Law) as set out in clause 7.12. 7.4 Subject to these Terms and Conditions, the Seller warrants that if any defect in any workmanship of the Seller that was not readily apparent in any reasonably conducted inspection of the Product at the time of delivery becomes apparent and is notified to the Seller within three (3) months of the date of delivery (time being of the essence) then the Seller will accept either (at the Deliverable Seller’s sole discretion) replace or Serviceremedy the workmanship. 7.5 A claim made pursuant to the warranties set out in this clause must be made in writing to the Seller at 0-0 Xxxxxxxxx Xxxx Xxxxxxxxx, or any part thereof, despite Xxxxxxxx 0000 (telephone +000 0000 0000). 7.6 A Customer shall only be entitled to make a claim pursuant to the Defect, warranties set out in exchange for this clause if they afford the Seller an opportunity to inspect the Products within a reasonable reduction intime upon request to confirm the defect or error in delivery. 7.7 The Customer is responsible for all costs associated with claiming under the warranties set out in this clause, unless the Seller agrees otherwise in its sole discretion. 7.8 The warranties set out in this clause shall not cover any defect or adjustment to, damage which may be caused or partly caused by or arise through: (a) failure on the cost part of the Deliverables or Services which were impacted by the Defect, and pursuing Customer to properly maintain any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35.Products; or (b) If, prior to failure on the expiry part of the Warranty Period, Customer to follow any instructions or guidelines provided by the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect.Seller; or (c) If, prior to the expiry a use of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) Products in a manner which will cause as little inconvenience to inconsistent with any uses specified in a written quotation, work authorisation or other form for the Customer and Customer Users as is reasonably possible.Products; or (d) The parties acknowledge that where the Defect relates continued use of any Products after any defect becomes apparent or would have become apparent to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again.a reasonably prudent operator or user; or (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, fair wear and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels.tear; or (f) Unless otherwise agreed between an event of force majeure pursuant to clause 18. 7.9 If the parties in writingworkmanship of the Seller is repaired, altered or overhauled without the Seller’s consent, the Warranty Period will warranties set out in this clause shall cease and the Seller shall thereafter in no circumstances be increased liable under the terms of the warranties. 7.10 The Seller shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim under these warranties. 7.11 For Products not manufactured by a period the Seller, the warranty shall be the current warranty provided by the manufacturer of time equivalent to the time Products. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the relevant Services and Deliverables were unavailable or their functionality materially decreased due manufacturer of those Products. 7.12 ADDITIONAL INFORMATION FOR CUSTOMERS WHO PURCHASE PRODUCTS AS CONSUMERS (AS DEFINED BY THE AUSTRALIAN CONSUMER LAW): Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a Defect. (g) The Customer's rights under this Agreement replacement or refund for a major failure and at Law will not compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) of acceptable quality and the failure by the Customer or the Customer's Representative does not amount to exercise any such rights; or (iii) any instruction a major failure. The warranties in clause 7 of the Customer under this Agreement. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect these Terms and Conditions are in addition to any Deliverable or Serviceother rights and remedies that you may have under the Australian Consumer Law.

Defects. (a) 5.1 If, prior to during the expiry of the Warranty Defect Correction Period, the Customer discovers finds any Defects in the Goods or is informed that there is Services (other than a DefectDefect caused by the negligence of the Customer), the Customer may give may: (a) reject the Supplier an instruction (Goods with which the Supplier will comply) specifying the Defect and doing one or more return them to the Supplier, in which case the Supplier must replace the Goods free of charge and reimburse the following:Customer for any expenses incurred; (ib) requiring reject the Supplier to correct Services with the Defect, or any part of it; (ii) advising in which case the Supplier that must re-perform the Customer will accept the Deliverable or Service, or any part thereof, despite the DefectServices free of charge; or (iiic) advising the make good or engage another Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite to make good the Defect, in exchange which case the Supplier must reimburse the Customer for a reasonable reduction in, any expenses incurred. 5.2 If the Supplier does not replace the Goods pursuant to clause 5.1(a) or adjustment to, re-perform the cost of Services pursuant to clause 5.1(b) and: (a) the Deliverables Customer has already paid the Supplier for the Goods or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify refund the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect Price for those Goods or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iiib) any instruction of the Customer under this Agreement. (h) For clarityhas not already paid the Supplier for the Goods or Services with the Defect, the Warranty Period Customer will not be deemed liable to exclude pay the Supplier for those Goods or restrict Services. 5.3 The acceptance of any guarantee that is provided Goods or Services with a Defect by the Customer will not bind the Customer to accept any other Goods or Services with a Defect and does not affect any of the Customer’s other rights under this Purchase Order or at Law with respect Law. 5.4 Where the Supplier has made good any Defect under this clause, those Goods or Services will be subject to any Deliverable the same Defect Correction Period as the original Goods or ServiceServices, from the date the Supplier made good the Defect.

Defects. 4.1 On delivery of Goods, if the Customer considers the Goods have a shortage in quantity or fail to meet the requirements of an Order, then the Customer has 7 days to notify BHF in writing of the alleged Defect and the Customer must preserve the Goods as delivered and either return them to BHF or (aif agreed by BHF) allow BHF (or a nominated agent) access to the Customer’s premises for the purpose of inspecting the Goods. If, prior upon inspection, BHF agrees that the Goods have a Defect, BHF will rectify the Defect in the Order, which may include providing the remedies set out in clause 5. If no notice of Defect is given by the Customer within 14 days of the delivery of Goods, the Customer is deemed to have accepted the expiry Goods (and that they are free from any Defect as delivered). 4.2 BHF may elect to provide any of the remedies specified in clause 5 in respect of any Defect in any Goods or Services reported by the Customer, and accepted by BHF, during their Warranty Period. The forgoing however may be overridden by any Warranty Conditions separately provided by BHF together with the supply of any Goods or Services. 4.3 For the purposes of evaluating a Warranty claim, the Customer at the time of lodging the claim must provide details of the Warranty Periodclaim, reasonable evidence of the claim required by BHF, and proof of purchase. The Customer discovers further agrees to preserve the Goods or is informed that there is Works which are alleged to be affected by a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one either return them to BHF or more of the following: (iif agreed by BHF) requiring the Supplier to correct the Defect, allow BHF (or any part of it; (iia nominated agent) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost access to the Customer, correct ’s premises for the Defect:purpose of inspecting the Goods or Works. (i) 4.4 If the Customer notifies BHF of a Defect other than in accordance with all applicable Service Levelsthis clause 4, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified toGoods or Services are affected by an error or defect other than a Defect (including due to ordinary wear and tear or Customer or third party fault, or identified byother exceptions specified in the Warranty Conditions), the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in BHF may impose a manner which will cause as little inconvenience to Fee on the Customer and Customer Users as is reasonably possible(in BHF’s sole discretion) to provide the remedies set out in clause 5. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this Agreement. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. If the Title Commitment (aor any revision or update thereof) Ifor Survey (or any replacement, revision or update thereof obtained by Purchaser prior to the expiry expiration of the Warranty Investigation Period) discloses exceptions to title which are objectionable to Purchaser (a “Defect”), Purchaser shall so notify Seller prior to the Customer discovers or is informed expiration of the Investigation Period. Seller shall have fifteen (15) calendar days from the date of Seller’s receipt of such Purchaser notice to deliver to Purchaser written notice specifying which Defect(s) Seller elects to cure and which Defect(s) Seller elects not to cure. Upon receipt of a notice from Seller that there is a Seller elects not to cure any Defect, the Customer may give the Supplier an instruction Purchaser shall have five (with which the Supplier will comply5) specifying the Defect and doing one or more business days to deliver to Seller Purchaser’s written notice of the following: its election to either (i) requiring terminate this Agreement, in which event this Agreement, without further action of the Supplier to correct the Defectparties, shall become null and void and neither party shall have any further rights or obligations under this Agreement except for those obligations which expressly survive termination of this Agreement, or any part of it; (ii) advising consummate the Supplier that Closing and accept title to the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement MOB Property subject to compliance all such exceptions to title (in which event, all such exceptions to title shall be deemed approved by Purchaser and shall be “Permitted Exceptions”). If Purchaser fails to make either such election with the dispute resolution procedure in clause 35. five (b5) Ifbusiness days of Seller’s notice, Purchaser shall be deemed to have elected option (ii). For each Defect Seller has elected to cure, Seller shall have such Defect corrected prior to Closing. Notwithstanding the expiry of foregoing, Seller shall cure (by causing the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, same to be released at or prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost Closing) any Defects relating to the Customer, correct the Defect: (i) in accordance with all applicable Service Levelsany security instruments securing the Loan, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) any liens or other matters created by or through Seller in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplierviolation of this Agreement, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction judgments against Seller affecting the MOB Property; and failure to cure any such Defects shall constitute a default by Seller hereunder, and, notwithstanding any other provision of this Agreement, Purchaser shall have the right to apply all or part of the Customer under Purchase Price to payment in full of the Defects set forth in this Agreementsentence. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. 12.1 If ICG becomes aware of work done (aincluding material or goods provided) Ifby the Subcontractor which does not comply with the Subcontract, prior to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may ICG shall as soon as practicable give the Supplier an instruction (with which the Supplier will comply) Subcontractor written notice specifying the Defect defect and doing the period for rectification. If the subject work has not been rectified within the period specified, ICG may direct the Subcontractor to, do any one or more of the following: (ia) requiring remove the Supplier to correct material from the Defect, or any part of itSite; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to demolish the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect.work; (c) Ifreconstruct, prior replace or correct the work; (d) where a time saving may be obtained, vary the work. A Variation pursuant to this clause 12.1(d) must not cost more than rectification absent any Variation. The Subcontractor is not entitled to any additional payment for any Variation directed pursuant to this clause; and/ or (e) not deliver that material, goods or work to the expiry of Site. The Subcontractor must comply with a direction under this clause 12.1 at its own expense. 12.2 If the Warranty PeriodSubcontractor fails to comply with such a direction and that failure has not been made good within 5 business days after the Subcontractor receives written notice from ICG that ICG intends to have the subject work rectified by others, ICG may have that work so rectified and ICG may certify the cost incurred as money due and owing from the Subcontractor to ICG. 12.3 Except to the extent that to do so would be inconsistent with a notice under clause 12.1 and notwithstanding that ICG has not given a direction under clause 12.1, the Supplier identifies a Defect Subcontractor shall promptly remove, demolish, reconstruct, replace or an instruction correct material or work that is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) not in accordance with all applicable Service Levelsthe Subcontract. 12.4 A progress payment, or if no applicable Service Levels applya test or a failure by ICG or anyone else to disapprove any material, within 15 Business Days goods or work will not constitute approval of any work or other matter, or prejudice any claim by ICG or the power of ICG to subsequently give a direction under clause 12.1. 12.5 Nothing in clause 12 shall prejudice any other right which ICG may have against the Subcontractor arising out of the failure of the Subcontractor to provide material or work in accordance with the Subcontract. 12.6 The Defects Liability Period stated in Item 13 of the Schedule will commence on the Date of Substantial Completion at 4:00 pm. As soon as possible after the date on which the non-compliance was notified to, or identified byDate of Substantial Completion, the Supplier (or such other timeframe as agreed between Subcontractor shall rectify all Defects existing at the parties Date of Substantial Completion. The Subcontractor shall carry out rectification at the times and in writing); and (ii) in a the manner which will cause reasonably directed by ICG, causing as little inconvenience to the Customer and Customer Users occupants or users of the Works as is reasonably possible. (d) The parties acknowledge that where 12.7 During the Defects Liability Period, ICG may give the Subcontractor a direction to rectify a Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited bywhich: (ia) identifies the rights conferred upon Defect and the Customer date for completion of its rectification; (b) if a time saving may be obtained, may require rectification of the defect by way of a Variation. A Variation pursuant to this clause 12.7(b) must not cost more than rectification absent any Variation; and (c) state a date for commencement of the rectification and whether there will be a separate Defects Liability Period as a result (not exceeding that in the Schedule, commencing at 4:00 pm on the date the rectification is completed and governed by this clause;). (ii) 12.8 If the failure rectification is not commenced or completed by the Customer or stated dates, ICG may have the Customer's Representative rectification carried out by others but without prejudice to exercise any such rights; or (iii) any instruction of other rights and remedies ICG may have. The cost incurred shall be certified by ICG as money due and payable by the Customer under this Agreement. (h) For claritySubcontractor to ICG. Once a Defect has been rectified, the Warranty Period will not be deemed to exclude or restrict any guarantee Subcontractor must notify ICG that the rectified defect is provided at Law with respect to any Deliverable or Serviceready for inspection.

Defects. (a) If, prior to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the followingThe Subcontractor: (i) requiring the Supplier to correct the Defect, or any part of itmust use suitable new materials and proper and tradesperson-like workmanship; (ii) advising warrants the Supplier Work shall be free of Defects at Completion and throughout the Defects Liability Period; (iii) must rectify, at no cost to Tandem and if required to do so by Tandem, all Defects in the Work arising during the Defects Liability Period; and (iv) without limiting clause 10, the Subcontractor does not warrant for any Defects that are the Customer will accept result of the Deliverable or Serviceactions and/or omissions of the Client, Tandem or any part thereofother subcontractor. (b) If at any time before the expiry of the Defects Liability Period, despite Tandem becomes aware of a Defect, then without limiting its rights under this Agreement (including any Performance Indicator Rights), Tandem may: (i) if in its reasonable opinion the Subcontractor does not have capacity to rectify the Defect, rectify the Defect itself or arrange for others to rectify the Defect on its behalf without giving the Subcontractor notice or the first right to rectify the Defect; or (iiiii) advising if (i) does not apply, provide the Supplier that Subcontractor with a written Direction requiring the Customer will accept Subcontractor to rectify the Deliverable Defect within the time specified in the Direction. To avoid any doubt, such Direction may take the form of a supplementary or Service, or any part thereof, despite the Defect, in exchange for additional Work Order. On receipt of a reasonable reduction in, or adjustment toDirection from Tandem requiring it to do so, the cost of Subcontractor must expeditiously and diligently rectify that Defect within the Deliverables or Services which were impacted by time stated in the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the DefectDirection. (c) If, prior If the Subcontractor fails to rectify the expiry of Defect within the Warranty Period, time stated in the Supplier identifies a Defect or an instruction is Direction given under clause 9(a)(i8(b)(ii), then without limiting Tandem's rights under this Agreement (including under any Performance Indicator Rights), Tandem may either rectify the Supplier must, at no cost Defect itself or arrange for the Defect to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date be rectified on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possibleits behalf. (d) The parties acknowledge that where Regardless of whether or not Tandem has first given the Subcontractor the opportunity to rectify a Defect itself, all costs reasonably incurred by Tandem to rectify the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased a debt due and payable by a period of time equivalent the Subcontractor to Tandem and subject to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer set off provisions under this Agreement. In the event any Defect rectification conducted by or on behalf of Tandem is temporary, Tandem may then take either of the steps referred to in clause 8(b). (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. (a1) The Contractor may direct the NN Sub-Contractor to search for a Defect or suspected Defect or its cause. This may include uncovering, dismantling, re-covering and re-erecting work, providing facilities for tests, testing and inspecting. If, prior to the expiry of the Warranty Periodthrough searching or otherwise, the Customer NN Sub-Contractor discovers or is informed that there is a Defect, the Customer NN Sub-Contractor shall notify the Contractor as soon as practicable. (2) If, through notification or otherwise, the Contractor becomes aware of a Defect, the Contractor may give direct the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one NN Sub-Contractor to do any or more all of the following:following:- (i) requiring to remove the Supplier to correct defective Sub-Contract Works Item from the Defect, or any part of it;Site (ii) advising to demolish the Supplier that defective Sub-Contract Works Item, if incorporated in the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; orWorks. (iii) advising to reconstruct, replace or correct the Supplier defective Sub-Contract Works Item (iv) not to deliver the defective Sub-Contract Works Item to the Site (3) The NN Sub-Contractor shall comply with any direction under this sub-clause 8(d) within the reasonable times (if any) the Contractor directs and in any event within any time limit imposed by the Employer’s Representative. If the NN Sub-Contractor fails to begin the work required to comply with the direction within the reasonable time directed (if any) or fails to complete it as soon as practicable, the Contractor may have the work done by others and the NN Sub-Contractor shall on request pay the Contractor the cost thereby incurred. (4) Alternatively, the Contractor and the Employer’s Representative may, with the Employer’s and NN Sub-Contractor’s agreement, agree that the Customer Employer will accept the Deliverable or Service, or any part thereof, despite the Defect, either in exchange for a reasonable reduction in, whole or adjustment tosubject to any change to the Works Requirements that the Employer’s Representative directs. In this case, the cost Sub-Contract Sum shall be reduced by the amount that, in the opinion of the Deliverables or Services which were impacted by Employer’s Representative, is the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with resulting decrease in the dispute resolution procedure in clause 35. (b) If, prior value of the Works to the expiry of Employer. If the Warranty Period, Contractor notifies the Supplier identifies NN Sub-Contractor that the Employer will not accept a Defect, this shall be conclusive. Notwithstanding this provision, the Supplier must notify NN Sub-Contractor shall be entitled in any case to make good any Defect in the Customer Sub-Contract Works and thus avoid a deduction from the Sub-Contract Sum in writing within one Business Day respect of identifying the Defect. (c5) If, prior to If a Defect in the expiry Sub-Contract Works deprives the Employer of substantially the whole benefit of the Warranty PeriodWorks or any Section or other material part of the Works, the Supplier identifies a Defect Employer’s Representative may reject the Works or an instruction is given the relevant part of the Works. In this event, the NN Sub-Contractor will indemnify the Contractor in relation to any loss incurred by the Contractor under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: 8.5 (i“Defects”) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this AgreementMain Contract or otherwise. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. If Buyer or its Representatives discover any matter, condition or circumstance that Buyer determines in good faith (i) causes, or would reasonably be expected to cause, any Asset (or any Seller with respect to any Asset) or the operation thereof as currently conducted by Sellers to be in violation of any Environmental Law or any Environmental Permit, or (ii) requires, or would reasonably be expected to require, remedial or corrective action under any Environmental Law (any such matter, condition or circumstance described in clause (i) or (ii), an “Environmental Defect”), then, if Buyer asserts any such Environmental Defect by written notice (a “Defect Notice”) delivered to Sellers no later than 5:00 pm, central time, on the Bid Deadline (the “Defect Notice Deadline”), subject to Section 12.03, the Purchase Price shall be subject to reduction as and to the extent provided in this Article XII: (a) IfThe Defect Notice shall set forth, prior with respect to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the any relevant Environmental Defect and doing one or more of the followingasserted thereby: (i) requiring a description of the Supplier to correct alleged Environmental Defect (including the Defect, applicable Environmental Law(s) or any part of itpermit(s) violated or implicated thereby); (ii) advising identification of the Supplier that Asset(s) affected by the Customer will accept the Deliverable or ServiceEnvironmental Defect (each, or any part thereof, despite the Defect; oran “Affected Asset”); (iii) advising the Supplier Environmental Allocated Value of each Affected Asset; (iv) supporting documents reasonably necessary for Sellers to evaluate the existence of the alleged Environmental Defect (to the extent in the possession or control of Buyer); and (v) Buyer’s determination of the dollar amount of each such Environmental Defect (an “Asserted Defect Amount”), which shall be a good faith estimate and shall not in any event exceed the Lowest Cost Response; and shall be accompanied by all environmental reports prepared by or for Buyer with respect to the Assets forming the basis of any Environmental Defect asserted by Buyer in the Defect Notice or the dollar amount or value thereof as reasonably requested by Sellers (together with the materials delivered pursuant to Section 12.01(a)(iv), the “Defect Reports”). Buyer agrees that copies of each Defect Notice and all the Customer will accept Defect Reports may be delivered by Sellers to any Potential Bidders. Buyer shall not take any action that would restrict Sellers’ ability to share copies of the Deliverable or ServiceDefect Reports as contemplated by the preceding sentence, or any part thereof, despite the Defectnor shall Buyer, in exchange for a reasonable reduction inthe case of Defect Reports prepared by third parties, or adjustment to, take any action that would prevent any Potential Bidder from negotiating directly with such third party preparer with respect to such Potential Bidder’s right to rely on the cost of the Deliverables or Services which were impacted Defect Report(s) prepared by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35such third party preparer. (b) If, prior The failure of a Defect Notice to the expiry include any of the Warranty Period, information and/or documentation identified in Section 12.01(a) shall not render such Defect Notice void and/or ineffective if it otherwise materially complies with the Supplier identifies a Defect, the Supplier must notify the Customer requirements set forth in writing within one Business Day of identifying the DefectSection 12.01(a). (c) IfUpon receipt of a Defect Notice, prior Sellers shall have the right and opportunity, but not the obligation, to Cure any Environmental Defect, or, if the Asserted Defect Amount is greater than the Environmental Allocated Value of the Affected Asset, to exclude from the Transactions such Asset(s) to which such Environmental Defect relates and reduce the Purchase Price by an amount equal to the expiry Environmental Allocated Value of the Warranty Period, the Supplier identifies a Defect or an instruction is given such Asset(s) (and such Asset(s) shall thereafter be Excluded Assets for all purposes under clause 9(a)(ithis Agreement), the Supplier must, at no cost to the Customer, correct the Defect: (i) as provided in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possiblethis Article XII. (d) The parties acknowledge that where the Buyer shall have no right to assert as an Environmental Defect relates to any Services, the Customer may request that the Supplier, (and the Supplier must, supply the affected Services againterm Environmental Defect shall not include) any matter disclosed on Disclosure Schedule 3.07 or any Environmental Defect that is not included in a timely delivered Environmental Defect Notice. (e) If multiple From the Execution Date until the Defect Notice Deadline, Buyer shall provide Sellers weekly written updates as to any Environmental Defects are identified, discovered by Buyer as of the Customer may request the Supplier to prioritise the rectification date of such Defectsupdate, and but such update shall not constitute a Defect Notice unless expressly stated in such update. Buyer may deliver one or more Defect Notices prior to the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service LevelsDefect Notice Deadline. (f) Unless otherwise The agreed between allocation of the parties in writing, the Warranty Period will be increased by a period of time equivalent Purchase Price as to the time that the relevant Services Assets for purposes of Article XII is as set forth on Schedule 12.01 and Deliverables were unavailable or their functionality materially decreased due each allocated value identified as applicable to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of Assets on Schedule 12.01 shall constitute the Customer under this Agreement. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.“Environmental Allocated Value” for such Asset

Defects. (a) 4.1 If, prior to during the expiry of the Warranty Defect Correction Period, the Customer discovers finds any Defects in the Goods or is informed that there is Services (other than a DefectDefect caused by the negligence of the Customer), the Customer may give may: (a) reject the Supplier an instruction (Goods with which the Supplier will comply) specifying the Defect and doing one or more return them to the Supplier, in which case the Supplier must replace the Goods free of charge and reimburse the following:Customer for any expenses incurred; (ib) requiring reject the Supplier to correct Services with the Defect, or any part of it; (ii) advising in which case the Supplier that must re-perform the Customer will accept the Deliverable or Service, or any part thereof, despite the DefectServices free of charge; or (iiic) advising the make good or engage another Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite to make good the Defect, in exchange which case the Supplier must reimburse the Customer for a reasonable reduction in, any expenses incurred. 4.2 If the Supplier does not replace the Goods pursuant to clause 8.1(a) or adjustment to, re-perform the cost of Services pursuant to clause 8.1(b) and: (a) the Deliverables Customer has already paid the Supplier for the Goods or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify repay the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect Price for those Goods or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iiib) the Customer has not already paid the Supplier for the Goods or Services with the Defect, the Customer is not liable to pay the Supplier for those Goods or Services. 4.3 The acceptance of any instruction Goods or Services with a Defect by the Customer will not bind the Customer to accept any other Goods or Services with a Defect and does not affect any of the Customer Customer’s other rights under this AgreementPurchase Order or at Law. (h) For clarity4.4 Where the Supplier has made good any Defect under this clause, those Goods or Services will be subject to the Warranty same Defect Correction Period will not be deemed to exclude as the original Goods or restrict any guarantee that is provided at Law with respect to any Deliverable or ServiceServices, from the date the Supplier made good the Defect.

Defects. 33.1 The Customer shall inspect the Container on Delivery and shall within seven (7) days thereof (time being of the essence) notify Canberra Containers of any alleged defect, shortage in quantity, damage or failure to comply with the description or Canberra Containers quotation. The Customer shall afford Canberra Containers an opportunity to inspect the Container within a reasonable time following such notification if the Customer believes the Container is defective in any way. If the Customer shall fail to comply with these provisions the Container shall be presumed to be free from any defect or damage. For any defective Container, which Canberra Containers has agreed in writing that the Customer is entitled to reject, Canberra Containers liability for any defect or damage to the Container is: (a) If, prior limited to the expiry value of the Warranty Period, any express warranty provided to the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction to Canberra Containers (with which the Supplier will comply) specifying the Defect and doing one or more of the following: (i) requiring the Supplier to correct the Defect, or any part of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defectat Canberra Containers sole discretion); or (iiib) advising limited to any warranty to which Canberra Containers is entitled, if Canberra Containers did not manufacture the Supplier that Container; or (c) otherwise negated absolutely. 33.2 The Container will not be accepted for return other than in accordance with 33.1 above. 33.3 Notwithstanding clause 33.1, Canberra Containers shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) the Customer will accept failing to properly maintain, install or store the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35.Container; or (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying using the Defect.Container for any purpose other than that for which it was designed; or (c) If, prior to the expiry Customer continuing the use of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service LevelsContainer after any defect became apparent, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, should have become apparent to a reasonably prudent operator or identified by, the Supplier (or such other timeframe as agreed between the parties in writing)user; and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible.or (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again.failing to follow any instructions or guidelines provided by Canberra Containers; or (e) If multiple Defects are identifiedfair wear and tear, any accident, or act of God. 33.4 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer may request acknowledges that it has had full opportunity to inspect the Supplier second hand Goods prior to prioritise Delivery and accepts them with all faults and that to the rectification extent permitted by law no warranty is given by Canberra Containers as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that Canberra Containers has agreed to provide the Customer with the second hand Goods and calculated the Charges of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levelssecond hand Goods in reliance of this clause 33.4. (f) Unless otherwise agreed between the parties 33.5 Canberra Containers may in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferred upon its absolute discretion accept non-defective Goods for return in which case Canberra Containers may require the Customer by this clause; to pay handling fees of up to fifteen percent (ii15%) the failure by the Customer or the Customer's Representative to exercise any such rights; or (iii) any instruction of the Customer under this Agreementvalue of the returned Goods plus any freight costs. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.

Defects. (a) IfAt any time within the Defects Liability Period, prior to the expiry where any part of the Warranty Period, the Customer discovers or is informed that there is Works has been completed but those Works contain a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the followingmaterial defect which: (i) requiring Materially adversely affects the Supplier ordinary use and/or enjoyment of the relevant Works; or (ii) Will require rectification works to correct be performed on them at some time in the future as a result of the existence of the defect, Council may issue a defects notice (Defects Notice) concerning those Works. b) A Defects Notice must contain the following information: (i) The nature and extent of the Defect, or any part of it; (ii) advising The work Council requires the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite Developer to carry out in order to rectify the Defect; orand (iii) advising The time within which the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for Defect must be rectified (which must be a reasonable reduction in, or adjustment to, time and not less then ten (10) Business Days). c) The Developer must rectify the cost Defects contained within a Defects Notice as soon as practicable after receipt of the Deliverables or Services which were impacted by Defects Notice. d) Council, at its absolute discretion, may enter upon the Defect, and pursuing any other remedy Land for the purpose of satisfying the Defects Notice where the Developer has failed to comply with a Defects Notice but only after giving the Developer ten (10) Business Days written notice of its intention to do so. e) If Council elects to exercise the step-in rights granted it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defectthen: (i) Council may enter upon any part of the Land that it requires access to in order to satisfy the obligations of the Developer in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing)Defects Notice; and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer Council may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that rectify the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) Defects in accordance with the rights conferred upon the Customer by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rightsDefects Notice; orand (iii) The Developer must not impede or interfere with Council undertaking that work. f) Where Council exercises its step-in rights, it may call upon the Defects Security provided by the Developer pursuant to clause 10 and recover as a debt due in a court of competent jurisdiction any instruction difference between the amount of the Customer under this Agreement. (h) Defects Security and the costs incurred by the Council rectifying the Defects. For claritythe avoidance of any doubt, the Warranty Period will not be deemed right of Council to exclude or restrict any guarantee that is provided require the rectification of Defects and to Step-In lapses at Law with respect to any Deliverable or Servicethe conclusion of the Defects Liability Period.

Defects. 9.1 Without limiting clause 6, if, during the performance of the Supply Activities or within a period of 12 months following delivery of the Goods and, or completion of Services (or such other period specified in the Purchase Order) (the Defects Correction Period) Xxxxxxxxxx identifies any: (a) Iferror, prior to non-conformance, defect, deficiency, fault or omission of or in the expiry of the Warranty Periodapplicable Goods and, the Customer discovers or is informed that there is a Defector, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the following: (i) requiring the Supplier to correct the Defect, or any part of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the DefectServices; or (iiib) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment toaspect of, the cost of the Deliverables or applicable Goods and, or, Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) not in accordance with all applicable Service Levelsthe requirements of this Agreement, or if no applicable Service Levels apply(each, within 15 Business Days after the date on which the non-compliance was notified toa Defect), or identified by, Xxxxxxxxxx may provide notice to the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request directing the Supplier to prioritise rectify, replace, re- perform or otherwise address (at the rectification direction of such DefectsLeichhardt) the Goods and, or, Services the subject of the Defect (a Defect Direction). 9.2 A Defect Direction must identify the Defect and state a date by which the Supplier must comply with any the Defect Direction, such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levelstime being reasonable. (f) Unless 9.3 The Supplier must carry out the work, supply or performance needed to comply with the Defect Direction at its own cost and risk and within the period indicated within the Defect Direction. 9.4 If the Supplier complies with clause 9.3 and rectifies the relevant Defect, there will be no change to the Contract Sum with respect to such Goods and, or, Services the subject of the Defect and Xxxxxxxxxx will have the same rights in respect of replaced or repaired Goods and re- performed Services, as it had in respect of the Goods and, or, Services which were originally supplied. 9.5 If the Supplier fails to rectify the relevant Defect pursuant to clause 9.3 and Xxxxxxxxxx has accepted the Goods and, or, Services subject to the Defect or has to rectify, replace, re-perform or otherwise agreed between address the parties in writingGoods and, or, Services the subject of the Defect itself, without limiting any other remedy of Leichhardt, the Warranty Period Contract Sum will be increased reduced by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited bylesser of: (ia) the rights conferred upon the Customer costs incurred by this clause; (ii) the failure by the Customer or the Customer's Representative to exercise any such rightsXxxxxxxxxx in doing so; or (iiib) any instruction the diminution in value of the Customer under this AgreementGoods and, or, Services the subject of the Defect, and to the extent Leichhardt has already paid the Contract Xxx, Xxxxxxxxxx may claim the amount so determined as a debt due and payable from the Supplier. (h) For clarity, the Warranty Period will not be deemed to exclude or restrict any guarantee that is provided at Law with respect to any Deliverable or Service.