Common use of Obligations of the Customer Clause in Contracts

Obligations of the Customer. 3.1 The Customer agrees to: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 The Customer agrees to: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (cb) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (dc) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (ed) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (fe) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (gf) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (hg) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g3.1(f)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 2.1 The Customer agrees toshall act in good faith towards Network Rail in respect of this Agreement. 2.2 The Customer shall observe and perform its obligations including those set out in Schedule 8 and Schedule 9 in accordance with the terms of this Agreement including carrying out actions or providing information as reasonably requested from time to time by Network Rail. If any delay is caused to the provision of the Services or Network Rail incurs any costs or losses as a result of breach of contract or negligence by the Customer, then the Customer shall pay to Network Rail all costs or losses directly and reasonably incurred by Network Rail as a result of the Customer's breach or negligence. 2.3 The Customer will design the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent designer engaged in designing works of a similar size, scope and complexity to the Works. The Customer will construct the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent contractor engaged in carrying out works of a similar size, scope and complexity to the Works. 2.4 The Customer shall design, carry out and complete the Works in accordance with: (a) The Customer shall give Standards (as at the Company not less than 14 days prior written notice date of any proposed change of ownership of the Customer this Agreement) and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause.Legal Requirements (b) Pay the Company the Price for carrying out the Works any Change in accordance with this agreement;Standards (c) Provide such derogations from the Company with all necessary plansStandards as may be applicable from time to time and as Network Rail and/or the relevant Competent Authority may approve or consent to in writing and by expressly referring to it, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access being aware that its approval or consent to the Location and ensure to the Company’s reasonable satisfaction that the Location remains matter in question constitutes a state and condition that is safe for the Company and its employees and agentsderogation; (d) Ensure all other relevant current British or European codes, regulations and standards (to the Location complies with all necessary bylaws extent that there are no conflicts or inconsistencies within them or between them and restrictions is structurally sound (in accordance with all legislation governing safety in the workplaceany other requirements of this Agreement); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the WorksNetwork Rail's Requirements; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsSafety Authorisation; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the WorksNecessary Consents; (h) In circumstances where it wishes to make the Works Requirements; (i) the Safety Management System, or in respect of a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy relevant part of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as set out in paragraph 13 of Schedule 3: (i) the Network Rail Safety Management System: or (ii) where the Works relate to a result station, the SFO Safety Management System, or (iii) where the Works relate to a Depot, the DFO Safety Management System; (j) the terms of this Agreement; and (k) in accordance with the approved Asset Management Plan which will take into account such breach by other conditions: (i) as Network Rail may reasonably consider necessary to prevent, address, alleviate or comply with (as applicable) a Network Operation Issue; (ii) as Network Rail may reasonably consider necessary relating to the Customer.efficiency, whole life cost and safety of the Works and the Railway and with clause 8 and Schedule 9; and 3.3 Where (iii) to enable construction of the Customer requests any Related Work Works in a manner which minimises disruption to the Railway and enables future construction or maintenance to be carried out, out on the Company will use its best endeavours Network constituting the Works (as far as reasonably possible) in a way which minimises costs and disruption to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such workNetwork. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 6.1 The Customer agrees towill, and shall take all reasonable steps to ensure that its employees will: (a) The Customer shall give pay the Company not less than 14 days prior written notice standard charges levied by MIDSHIRE from time to time applicable to repair work on Mobile Equipment which is outside (in scope or time) the warranty provided under this Agreement; and (b) use the Mobile Equipment and any End-User Licensed Software in accordance with any user guide or other reasonable instruction of any proposed change of ownership manu- facturer or supplier of the Customer same or reasonable instruction of MIDSHIRE and not copy, reverse engineer or modify any change Software or End- User Licensed Software in any way save as permitted by law. 6.2 MIDSHIRE reserves the Customerright to bar service to any Mobile Equipment supplied under this Agreement to which MIDSHIRE retains title pursuant to clause 5.1 of these Mobile Equipment Terms where in MIDSHIRE’s details (reasonable opinion that Mobile Equipment is not being used in a manner which MIDSHIRE would expect including but not limited to, changes to where the Mobile Equipment is: (a) used in conjunction with a SIM Card connected to a tariff other than one which the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with has ordered under this clause.Agreement; (b) Pay the Company the Price for carrying out the Works Used in accordance conjunction with this agreementa SIM Card allocated to any other MIDSHIRE customer’s account; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in Used solely or predominantly on a state and condition that is safe for the Company and its employees and agents;roaming basis; or (d) Ensure (Or the Location complies SIM Card supplied in conjunction with all necessary bylaws such Mobile Equipment is) not used on the Network within 45 days from the date of dispatch by MIDSHIRE or during any other period of 30 consecutive days; unless MIDSHIRE and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with have agreed otherwise. 6.3 The Customer, at the Customer’s other tradespersons; (g) Permit the Company expense, shall return to attach such reasonable signage as the Company may wish MIDSHIRE any Mobile Equipment supplied by MIDSHIRE to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company which MIDSHIRE retains title pursuant to clause 5.1 of these Mobile Equipment Terms, which Mobile Equipment has been barred pursuant to clause 6.2 of these Mobile Equipment Terms and in the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if event that the Customer fails to carry out or perform return any such Mobile Equipment within two (2) weeks of its obligations pursuant written notice from MIDSHIRE to this clause 3 (excepting clause 3.1(g)) thendo so, in addition to any Additional Expenses Charge that may apply, the Company may charge then the Customer a Services Delay Charge for each day (or part thereof) that agrees to pay MIDSHIRE the Company is, price set out in its reasonable opinion, unable and/or not required the Replacement section of the MIDSHIRE Price List from time to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment time for such workMobile Equipment. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 4.1 The Customer agrees toshall: (a) The Customer shall give ensure that the Company not less than 14 days prior written notice of any proposed change of ownership terms of the Customer Order are complete and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause.accurate; (b) Pay co-operate with the Company Supplier in all matters relating to the Price for carrying out the Works in accordance with this agreementServices; (c) Provide provide the Company Supplier with all necessary planssuch information and materials as the Supplier may reasonably require in order to supply the Services, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains such information is accurate in a state and condition that is safe for the Company and its employees and agentsall material respects; (d) Ensure use its best endeavours to comply with any progress target set by the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace)Supplier; (e) Not to cause any disruption or obstruction to obtain the carrying out Supplier’s consent (which may be withheld in the absolute discretion of any Works and to follow any reasonable instructions provided by the Company about the WorksSupplier) before bringing a guest; (f) Where attend sessions in accordance with their Deliverable (or where the Works requires co-ordination with other trades then Deliverable contains no time limit, the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons;shall attend at least once every three months); and (g) Permit where the Company Services are to attach such reasonable signage be provided at the Customer’s premises: (i) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the premises of the Customer, office accommodation and other facilities as reasonably required by the Company may wish to any Works so as to identify that the Company is carrying out the WorksSupplier; (hii) In circumstances where it wishes prepare the premises of the Customer for the supply of the Services; (iii) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to make a claim against start; (iv) keep and maintain all materials, equipment, documents and other property of the Company pursuant Supplier (Supplier Materials) at the premises of the Customer in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the guarantee given in clause 13.2Supplier, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any dispose of or use the Supplier Materials other third party to do sothan in accordance with the written instructions or authorisation of the Supplier. 3.2 Without prejudice to any other right or remedy of the Company, 4.2 The Supplier’s money back guarantee policy shall be void if the Customer fails to carry out meet any of the conditions listed at clause 4.1. 4.3 If the performance of the Supplier of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default): (a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the performance of the Supplier of any of its obligations; (b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the failure or delay of the Supplier to perform any of its obligations pursuant to as set out in this clause 3 4.3; and (excepting clause 3.1(g)c) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible reimburse the Supplier on written demand for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are any costs or may be necessary losses sustained or advisable in connection with incurred by the WorksSupplier arising directly or indirectly from the Customer Default.

Obligations of the Customer. 3.1 The 4.1 Without prejudice to any provisions laid down in law or Convention, the Customer agrees is, in any event, obliged to: (a) ensure that the Goods in respect of which the Carrier has some instruction, are available at the agreed place and time and that the Goods, taking into consideration the nature of the Goods and the intended method of transport and/or handling, are properly and adequately stuffed and packed; (b) give the Carrier timely notice of all the information which he must give to the Carrier of which the Customer knows or should know that such is important for the performance of the Services; the Customer guarantees the completeness, correctness and accuracy of the information provided by him; (c) guarantee the timely presence of the documents required for the execution of the instruction, except insofar as it was agreed in writing that the Carrier would take care of such documents; (d) give timely written notice to the Carrier of the rules which must be followed in accordance with the applicable legislation and/or other government schemes with regard to dangerous goods. 4.2 The Carrier can at any time and any place, at the expense and risk of the Customer, unload, destroy or make harmless in some other way Goods entrusted to the Carrier for whatever reason, which the Carrier, would not have wished to receive, if it had known at the time of taking receipt thereof that they could be dangerous. The Customer shall give is liable for any damage or loss incurred by the Company not less than 14 days prior written notice of Carrier, its employees or Subcontractors caused by the Goods or any proposed change of ownership other materials that the Customer made available to the Carrier, unless the Customer proves that such damage or loss is the direct result of the fault or negligence of the Carrier. 4.3 In the event that Goods that require refrigeration or heating are involved, the Customer shall promptly provide the Carrier with all necessary instructions and documents such as the particular temperature range to be maintained, and the Customer shall ensure that the Goods have been properly packed to the correct temperature and that the thermostatic controls have been properly set before the Goods are taken over by the Carrier. 4.4 The Customer is obliged to defend, indemnify and hold harmless the Carrier, its employees and its Subcontractors upon first request in the event the Carrier or said employees or Subcontractors are held liable by third parties for any damage or loss in connection with the performance of the Services. 4.5 The Customer is at all times obliged to compensate, indemnify and hold harmless the Carrier against any costs, fines and/or penalties, port charges, expenses, duties, taxes, customs debts or excises, including interests, incurred by or levied upon the Carrier or any change Subcontractor by any government or other authority in connection with the performance of the Services, regardless of whether or not such claim is the result of a fault or negligence in the performance on the part of the Carrier or its Subcontractor of its obligations under the Contract. The Customer is obliged to provide security upon the Carrier's first demand for the amounts that the Carrier owes or may owe in relation to the aforementioned. 4.6 The Customer is responsible for the loading, unloading and stowing of the Goods into the Unit, unless the Carrier has in advance expressly confirmed otherwise in writing. Assistance given by the driver in loading and/or stowing does not in any way affect the fact that the Customer has exclusive responsibility in this respect. 4.7 When the driver assists the Customer’s details , whether with or without equipment (including but not limited toe.g. a forklift, changes in pallet /pump truck etc.) the customer’s namedriver acts under the custody, address, contact phone/fax numbers or business practice)care and liability of the Customer. The Customer shall be liable and shall indemnify the Carrier for any personal injury and any other type of damage or loss incurred caused by this assistance. 4.8 The Carrier does not accept any responsibility for the accuracy of the quantity indicated by the Company as Customer and all other statements regarding the Goods. In the event of receipt of a result pre-loaded and sealed container, neither the Carrier nor its Subcontractor shall be deemed to have received the Goods contained therein in a good and complete condition, even if no reservation has been made in this respect. 4.9 The Customer shall be liable towards the Carrier at all times for damages which are caused by it or by third parties acting on behalf of the Customers failure Customer to comply with this clauseUnits, chassis, trailers and/or containers which have been made available at the request of the Customer for loading or unloading. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if 4.10 If the Customer fails to carry out or perform in the proper performance of any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, as set out in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Companythese General Terms & Conditions, the Customer shall be responsible for obtainingfully liable towards the Carrier and shall be obliged to defend, paying for indemnify and maintaining in force hold harmless the Carrier against all permitscosts, approvalsclaims, authorisationsdamages, authorities, licences and consents of all regulatory authorities whatsoever which are losses or may be necessary or advisable in connection with the Worksliabilities resulting thereof.

Obligations of the Customer. 3.1 2.1 The Customer agrees toshall act in good faith towards Network Rail in respect of this Agreement. 2.2 The Customer shall comply with its obligations under this Agreement including carrying out actions or providing information as reasonably requested from time to time by Network Rail. If any delay is caused to the Implementation Programme as a result of failure by the Customer to comply with this clause 2.2, then the Completion Date and the Liquidated Damages Payment Date shall be extended by such period as is reasonable in the circumstances. 2.3 Information or instructions provided to Network Rail by or on behalf of the Customer in connection with the Project shall be prepared and given in such a diligent and professional manner and with such clarity, in such detail and in a timely manner as is necessary for Network Rail to comply with its obligations under this Agreement. 3.1 Network Rail shall act in good faith towards the Customer in respect of this Agreement. 3.2 Network Rail will carry out the Works and / or perform the Services in accordance with: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause.Good Industry Practice; (b) Pay the Company the Price for carrying out the Works in accordance with this agreementLegal Requirements and Standards; (c) Provide the Company with all necessary plansNetwork Licence, specificationsthe Network Code, services Station Access Conditions and amenities, so Depot Access Conditions as may be applicable from time to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agentstime; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace);Necessary Consents; and (e) Not to cause any disruption the Works Requirements and the terms of this Agreement. 3.3 Network Rail may subcontract all or obstruction to part of its obligations under this Agreement. Notwithstanding the carrying out appointment of any Works and to follow any reasonable instructions provided by Contractor Network Rail shall remain liable for the Company about the Works; (f) Where the Works requires co-ordination with other trades then performance of its obligations. Network Rail shall notify the Customer will supply the Company with of any proposal to appoint a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails Contractor to carry out any material design services or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge works and where practicable shall give the Customer a Services Delay Charge for each day reasonable opportunity to comment on the proposal and shall have due regard to the Customer's comments. Where Network Rail appoints a Contractor Network Rail shall: (or part thereofa) comply with the Utilities Contracts Regulations 2016; and (b) appoint Contractors who in the reasonable opinion of Network Rail have the necessary competence and experience. 3.4 Network Rail will procure that the Company isWorks are completed by the Completion Date. The Completion Date and the Liquidated Damages Payment Date may be amended under clauses 2.2, 4.2, 6, 7, 13, 14.1 and 14.2 provided that Network Rail will not be entitled to change the Completion Date or the Liquidated Damages Payment Date to the extent any delay is caused by the breach or negligence of Network Rail. 3.5 Subject to clause 6 as the Project progresses, Network Rail shall revise and update the Implementation Programme set out in Schedule 3. Network Rail shall deliver a copy of the revised and updated Implementation Programme to the Customer promptly following its reasonable opinionproduction. 3.6 As the Project progresses, unable and/or not required to carry out or perform Network Rail shall identify and manage arrangements between the Works as and any Interfacing Projects in the interests of economic and efficient Network management and operation, and in accordance with the Network Licence. 3.7 Network Rail will prepare project status reports at agreed intervals (but no more frequently than every four weeks) for submission to the Customer. The reports shall: (a) include information relating to progress of the Works, the Services, Implementation Programme, risks and QRA updates, and any Interfacing Project, together with a result change control log recording changes in the status of such breach the Project; and (b) provide key financial information for the Project, including the agreed budget, original forecast for the reporting period, cost of work done to date and an updated Estimated Project Cost; and (c) any other reasonable information reasonably requested by the Customer. 3.3 Where 3.8 Network Rail hereby elects (and the Customer requests acknowledges such election) that it shall be the only client in accordance with the CDM Regulations. 3.9 Network Rail hereby elects (and the Customer acknowledges such election) that it shall be the Proposer in accordance with the CSM-REA Regulations.15 3.10 Network Rail hereby elects (and the Customer acknowledges such election) that it shall be the Project Entity as defined in and in accordance with the Railway Interoperability Regulations.16 3.11 Network Rail shall effect and maintain (or procure the taking out and the maintenance of) the insurances which are set out in paragraph 17 of Schedule 3. 3.12 Network Rail shall, at the request of the Customer, allow the Customer to observe any Related Work to be carried outprogress meetings it has with any Contractor in respect of the Works. In addition the Customer shall: 15 If CSM-REA is not applicable, the Company will use its best endeavours to source suppliers and/or contractors to carry out text should be replaced with “Not used”. In the Related Work, but minority of cases where the Customer is responsible for the commissioningProposer, controllingchange around Network Rail and the Customer in this sentence. 16 If RIR is not applicable, the text should replaced with “Not used”. In the minority of cases where the Customer is the Project Entity, change around Network Rail and payment for such workthe Customer in this sentence. 3.4 The Customer acknowledges that unless otherwise agreed in writing between (a) on reasonable notice be entitled at all reasonable times to have access to any Area of Work to observe the Customer carrying out of the Works by the Contractor, subject to complying with such reasonable restrictions as are stipulated by Network Rail; and (b) be given sufficient notice by Network Rail to allow it to attend and observe any inspection of the CompanyWorks pertaining to the issue of any completion certificate (whether substantial, practical, sectional or final completion as defined under the Customer shall be responsible for obtainingContract), paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which subject to complying with such reasonable restrictions as are or may be necessary or advisable in connection with the Worksstipulated by Network Rail.

Obligations of the Customer. 3.1 The Customer agrees to:warrants that the description of the Waste Material or Recyclable Material set out in the Proposal Document (and any subsequent correspondence) is true, complete and accurate in all material respects and the Customer remains responsible for accurately describing such materials notwithstanding any advice given by or analysis undertaken by the Company. If at any time the Company becomes aware that the Material does not accord with the description provided by the Customer then the Company may suspend the performance of the Services hereunder and/or return the Material to the Customer at the Customer’s expense and/or require the Customer to remove the Material from the Equipment and/or at the cost of the Customer deliver the Material to a facility entitled to accept such material and/or adjust the price payable for the Services on account of the new description of the Material. (a) 3.2 The Customer shall give ensure that all waste to be collected shall be deposited in the Equipment and there shall be no obligation upon the Company to collect any Material that is loose and not less than 14 days prior written notice so contained unless specific agreement for such collection is made in writing outside the terms of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). this Agreement. 3.3 The Customer shall ensure that each category of Recyclable Material specified in the Proposal Document shall be liable for any loss incurred by the Company as placed in a result of the Customers segregated container or baled and separated from other Waste and Recyclable Material. Any failure to comply with this clause. (b) Pay requirement or any contamination caused to Recyclable Material that reduces its value shall result in the Company treating the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services said Recyclable Material as contaminated and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company shall meet all costs associated with a schedule detailing all relevant information so its removal transport and disposal as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such workWaste Material. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force comply with all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable relevant legal requirements in connection with the Worksstorage and accumulation and any relevant treatment of Material on its Sites. 3.5 The Customer will ensure that all packaging waste to be collected for disposal by The City Bin Co will be presented in compliance with Article 5 of Part II of the Waste Management (Packaging) Regulations 2003.

Obligations of the Customer. 3.1 2.1 To access the Services by any of the methods set out in clause 4.2 of this SoW, the Customer must ensure that its computer system complies with the most up to date version of Equifax's system specifications so that access is obtained. 2.2 The Customer agrees tomust: (a) The Customer shall give the Company not less than 14 days prior written notice of 2.2.1 keep any proposed change of ownership of the Customer and user name, password or any change in other identifiers provided by Equifax to access the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreementServices confidential and secure; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide 2.2.2 manage user access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agentsServices; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace)2.2.3 not transfer any identifiers between or among users or disclose them to any third party; (e) Not to cause 2.2.4 notify Equifax if any disruption identifier is no longer required; and 2.2.5 stop using the identifiers or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party replacement identifiers upon notice to do so. 3.2 Without prejudice 2.3 The Customer will provide Equifax and the Personnel with such access to any other right the Customer's premises and facilities as may be reasonably required to allow Equifax to perform the Services in accordance with this Agreement. 2.4 The Customer will provide such information, assistance and directions as may be reasonably required by Equifax to assist Equifax to provide the Services in accordance with the terms of this Agreement. 2.5 The Customer must: 2.5.1 not re-sell, re-package or remedy re-use information or permit third parties to use information supplied as part of the CompanyServices otherwise than as expressly permitted under this Agreement; or 2.5.2 not use the information supplied as part of the Services for any purpose other than its internal business use and for the purposes for which it was supplied, if save for disclosure as part of its statutory obligations including under the Privacy Law. 2.6 On not less than 5, and not more than 10, Business Days' notice from Equifax, the Customer fails must give Equifax and its authorised Representatives access to carry out its facilities, premises, systems, records, books and personnel to enable Equifax to assess whether or perform any not: 2.6.1 the use of its obligations Services comply with this Agreement; and 2.6.2 the Customer is complying with the Privacy Law. The Customer will not be obliged to provide access pursuant to this clause 3 (excepting clause 3.1(g)) thenif in doing so it will cause the Customer to disclose any third party Confidential Information or breach a Privacy Law. All information provided by the Customer to Equifax as part of any audit will be Confidential Information of the Customer. Equifax will bear the cost of each audit, unless the audit demonstrates that the Customer is in material breach of its obligations under this Agreement, in addition to any Additional Expenses Charge that may apply, which case the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach cost shall be borne by the Customer. 3.3 Where 2.7 The Customer must: 2.7.1 comply with the Customer requests Privacy Xxx 0000 (Cth) and any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but additional Privacy Law by which the Customer is responsible bound or which Equifax notifies the Customer that Equifax is bound, as if the Customer was bound by it and comply with Equifax's reasonable instructions to enable this to be achieved; 2.7.2 use Personal Information provided by Equifax as part of the Service only for the commissioningpurposes of fulfilling its obligations under this Agreement; 2.7.3 restrict access to the Personal Information provided by Equifax as part of the Service to employees who need to access the Personal Information to fulfil the Customer's obligations under this Agreement; 2.7.4 take all reasonable steps to ensure that Personal Information provided by Equifax as part of the Services is protected against misuse and loss, controllingor unauthorised access, modification or disclosure, including: a undertaking any staff training as may be required; b monitoring staff and payment for such workthird party use of the Personal Information; c obtaining a written agreement from any third party to whom the Personal Information is disclosed to comply with Privacy Laws; and d not disclosing any Personal Information to a third party unless the third party is the individual to whom the information relates; 2.7.5 during and after the term of this Agreement not do anything with the Personal Information that will cause the Customer or Equifax to breach any Privacy Law and co-operate with Equifax to resolve any complaint made under any Privacy Law. 3.4 The Customer acknowledges that unless otherwise agreed in writing between 2.8 In addition to the Customer and the Companyabove, the Customer shall be responsible acknowledges and agrees that where in order to provide the Services Equifax needs to provide Personal Information to a third party, the Customer has or will obtain valid authority of the relevant individual to allow Equifax to provide the Services. 2.9 The Customer indemnifies Equifax in relation to any and all claims, actions, damages, costs and expenses including legal fees which arise in relation to Customer’s messaging to debtor clients using the Service. 3.1 Equifax is not required to provide the Customer with a user manual, manual of specifications, instructions for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are use or may be necessary or advisable in connection with any other material advising the WorksCustomer how to use the Service.

Obligations of the Customer. 3.1 The 4.1 Subject to the provisions of this Agreement, during the Term, the Customer agrees toshall, inter alia, have the following obligations, in each case, as per the terms of this Agreement: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in procure the Customer’s details LNG of LNG Specifications, which shall not exceed the average parcel size of 140,000 m3 +/- 2%; (including b) The Customer shall be responsible for the transportation of the Customer’s LNG up to the LNG Receipt Point at the Discharge Port from Approved LNG Carriers as per the berthing slot(s) allotted by PLL to the Customer in accordance with Schedule 1; (c) The Customer shall bear all costs in relation to the procurement of the Customer’s LNG, including, but not limited to, changes in duties and taxes as imposed by customs authorities, Port Authority charges, provincial taxes / levies, independent surveyor costs, applicable taxes etc. For the customer’s nameavoidance of doubt, addressany costs not billed by PLL that relate to the procurement and handling of LNG / RLNG, contact phone/fax numbers or business practice). The Customer shall will be liable for any loss incurred borne by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agentsCustomer; (d) Ensure The Customer shall provide evidence of: (i) The irrevocable standby letter of credit / letter of credit issued by the Location complies with all necessary bylaws and restrictions is structurally sound Customer in favour of the LNG supplier for the procurement of the Customer’s LNG; or (in accordance with all legislation governing safety in ii) any other binding documentary evidence for procurement of Customer’s LNG, to the workplace);satisfaction of PLL, at least twenty-five (25) Days before the scheduled date of the arrival of the LNG Cargo at the LNG Receipt Point. (e) Not to cause any disruption or obstruction to The Customer shall off-take RLNG at the carrying out of any Works and to follow any reasonable instructions provided by the Company about the WorksRLNG Delivery Point as per Schedule 1 on a take-or-pay basis; (f) Where The Customer shall be responsible for the Works requires cooff-ordination with other trades then take and transportation of RLNG beyond the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsRLNG Delivery Point; (g) Permit The Customer shall ensure timely payment of all invoices issued by PLL for the Company to attach such reasonable signage as payment of the Company may wish to any Works so as to identify that the Company is carrying out the WorksLNG Services Price; (h) In circumstances where The Customer shall issue and maintain the SBLC; (i) The Customer shall ensure that it wishes to make a claim against the Company pursuant bears all costs in relation to the guarantee given LNG transported to the LNG Import Facility; (j) Customer shall provide and bear all risks and expenses in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice relation to any tugs, pilots, escort or other right or remedy support vessels required for the berthing, unloading and departure of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.LNG Carrier

Obligations of the Customer. 3.1 The Customer agrees to: (a1) The Customer shall give If the Company delivered goods are an electrical/electronic device or contain an industrial battery or if the packaging is not less than 14 days prior written notice subject to system participation, secunet offers the cus- tomer, at the customer's request - to be expressed in writing at the time of any proposed change of ownership conclusion of the Customer and or purchase con- tract - to take over disposal against reimbursement of the actual costs incurred in accordance with the statu- tory provisions. The transport costs to the return centre to be determined by secunet shall in any change in the Customer’s details (including but not limited to, changes in case be borne by the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result If secunet is not obliged to dispose of the Customers failure goods, the customer shall assume the obligation to comply properly dispose the delivered goods and packaging at its own expense in accordance with the statutory provi- sions after termination of use. In this clausecase, the customer shall indemnify secunet and secunet's suppliers against claims of third parties related to those statutory obliga- tions. (b2) Pay The customer shall contractually oblige commercial third parties to whom he passes on the Company delivered goods to properly dispose the Price for carrying out the Works delivered goods after termination of use at their expense in accordance with this agreement; (c) Provide the Company with all necessary plansstatutory provisions and to impose a corresponding obligation in the event of renewed passing on of the goods. If the cus- tomer fails to contractually obligate commercial third parties to whom he passes on the delivered goods to as- sume the obligation to dispose of the goods and to im- pose a corresponding obligation, specifications, services the customer shall be obligated to take back the delivered goods at his ex- pense after termination of use and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (properly dispose them in accordance with all legislation governing safety in the workplace);statutory provisions. In this respect, too, the customer shall indemnify secunet and secunet's suppliers against the statutory obligations and the related claims of third parties. (e3) Not to cause any disruption These provisions shall apply within the scope of applica- tion of the relevant European legal acts, including their respective implementation into national law, provided that mandatory law or obstruction to mandatory official orders do not prevent the carrying out implementation of any Works and to follow any reasonable instructions provided by the Company about the Works;these provisions. (f4) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may applyFurthermore, the Company may charge the Customer a Services Delay Charge for each day customer is not entitled, unless expres- sively agreed otherwise with secunet, to obtain further business secrets by observation, investigation, xxxxxx- xxxxx or tests (or part thereof) that the Company is"reverse engineering"), in its reasonable opinion, unable and/or insofar as these provided products and objects are not required to carry out or perform the Works as a result of such breach by the Customerpublicly available. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 The Without prejudice to the obligations expressed in other clauses of these terms and conditions, during the continuance of the Contract of the Customer agrees toshall: 6.1 arrange and maintain at its expense all prudent insurance cover, including but not limited to third party liability and cover against loss or damage to the equipment for its full replacement value and: (a) The Such insurance shall commence from the time and date of delivery for the period of hire up to and including the date when Equipment is delivered back to and received by the Company and acknowledged by it in writing; (b) the Customer shall produce on demand to the Company a copy of the policy or policies (c) the Customer shall hold on trust for the Company all policy proceeds in or towards satisfaction of the Customer’s obligations hereunder; 6.2 give the Company not less than 14 days prior immediate written notice of any proposed change loss, damage or claim relating to the Equipment and shall on demand reimburse the Company in respect thereof. 6.3 ensure that the Equipment Is located at the delivery address (or vessel) stated in the Contract or such other address as may be expressly agreed between the parties in writing. 6.4 maintain effective control of ownership the Equipment and maintain the Equipment in a secure location when not in use. 6.5 ensure that the Equipment will only be operated in a proper manner by persons competent to operate said Equipment in accordance with the manufacturer’s recommendations and where appropriate with valid calibration and/or certification for the duration of the Rental Period. 6.6 at the Customers expense arrange that the Equipment Is kept in good repair and condition, undertake routine maintenance and maintain and effect all necessary repairs in accordance with the manufacturer’s specification including making good any loss or damage to the Equipment due to any occurrence whatsoever (fair wear and tear only excepted). 6.7 permit the company, or an authorised representative of the company, on reasonable notice to inspect and/or repair the Equipment; 6.8 Preserve on the Equipment any of the Company’s or any manufacturer’s identification number or xxxx or any nameplate that is or should be upon the equipment. 6.9 ensure that at the Customers expense, the Equipment is kept safe and without risks to health. 6.10 ensure that its use of the said Equipment conforms with the terms and conditions laid down in the Health and Safety at Work Xxx 0000 and to any other European, national and local Health and Safety Regulations which may be applicable until the Equipment is collected or returned. 6.11 obtain at the Customers expense all necessary licences, certificates, permits, authorisations required for the operation of, or in connection with, the Equipment and shall maintain the same in full force until the Equipment is collected or returned. 6.12 punctually pay all duties concerning the Equipment. 6.13 not by any act or default render the Equipment liable to any distress, execution or other legal process. 6.14 immediately notify the Company by telephone and subsequently confirm in writing if the Equipment is involved in any accident resulting in injury to persons or damage to property. The Customer shall not admit liability or compromise any claim relating to the equipment without the prior express consent of the Company in writing. 6.15 not do or fail to do, any act whereby the Equipment or its use would as a result contravene any statute, rule, regulation, or byelaw or any such licence, certificate, permit authorisation for the time being in force pertaining to the possession use, maintenance, or safety of the equipment. 6.16 not assign, sell, mortgage, pledge, let on hire or rental, part with possession, or otherwise deal with the Equipment or with any interest therein, or attempt to do any of the foregoing. 6.17 not assign the Contract without the express prior written consent of the Company. 6.18 not permit the Equipment to be used by any other party than the Customer and or its employees without the express prior written consent of the Company. 6.19 indemnify the Company from and against all claims, losses, damages, costs (including legal costs), expenses and liabilities incurred in any change in way by reason of the Customer’s details (breach of any of these terms and conditions including but not limited toto all such costs, changes expenses and liabilities incurred in ascertaining the customer’s namelocation of the Equipment and uplifting the Equipment therefrom. 6.20 procure that by the terms of any mortgage, addresscharge, contact phone/fax numbers or business practice)debenture of or in respect of its assets or any premises or vessel in which the equipment may be installed or stored no rights whether present, future, or contingent may be created or become exercisable in respect of the Equipment. The Customer shall be liable for any loss incurred by acknowledges the right on the part of the Company as a result to notify any mortgagee or charge from time to time of the Customers failure to comply with this clauseEquipment and of such of these terms and conditions as the Company shall consider appropriate. (b) Pay 6.21 upon expiry of the Company period of hire, return the Price for carrying out the Works Equipment in accordance with this agreement;these terms and conditions. (c) Provide 6.22 upon completion of the Company with all necessary planshire period, specifications, services it is the responsibility of the Customer to ensure the Equipment is prepared and amenities, so as to allow the Company to carry out the Works, provide access available for collection. Failed collections are charged to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do soat full price. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 The 4.1 Subject to the provisions of this Agreement, during the Term, the Customer agrees toshall, inter alia, have the following obligations, in each case, as per the terms of this Agreement: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in procure the Customer’s details LNG of LNG Specifications, which shall not exceed the average parcel size of 140,000 m3 +/- 2%; (including b) The Customer shall be responsible for the transportation of the Customer’s LNG up to the LNG Receipt Point at the Discharge Port from Approved LNG Carriers as per the berthing slot(s) allotted by PLL to the Customer in accordance with Schedule 1 (Inventory Management); (c) The Customer shall bear all costs in relation to the procurement of the Customer’s LNG, including, but not limited to, changes in duties and taxes as imposed by customs authorities, Port Authority charges, provincial taxes / levies, independent surveyor costs, applicable taxes etc. For the customer’s nameavoidance of doubt, addressany costs not billed by PLL that relate to the procurement and handling of LNG / RLNG, contact phone/fax numbers or business practice). The Customer shall will be liable for any loss incurred borne by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agentsCustomer; (d) Ensure The Customer shall provide evidence of: (i) The irrevocable standby letter of credit / letter of credit issued by the Location complies with all necessary bylaws and restrictions is structurally sound Customer in favour of the LNG supplier for the procurement of the Customer’s LNG; or (in accordance with all legislation governing safety in ii) any other binding documentary evidence for procurement of Customer’s LNG, to the workplace);satisfaction of PLL, at least twenty-five (25) Days before the scheduled date of the arrival of the LNG Cargo at the LNG Receipt Point. (e) Not to cause any disruption or obstruction to The Customer shall off-take RLNG at the carrying out of any Works and to follow any reasonable instructions provided by the Company about the WorksRLNG Delivery Point as per Schedule 1 (Inventory Management); (f) Where The Customer shall be responsible for the Works requires cooff-ordination with other trades then take and transportation of RLNG beyond the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsRLNG Delivery Point; (g) Permit The Customer shall be responsible for ensuring the Company to attach such reasonable signage as effectiveness of pipeline capacity allocation and Gas Transportation Agreement for transportation of RLNG beyond the Company may wish to any Works so as to identify that the Company is carrying out the WorksRLNG Delivery Point; (h) In circumstances where it wishes The Customer shall ensure necessary regulatory approvals in relation to make a claim against the Company pursuant transportation and sale of RLNG to the guarantee given end consumers; (i) The Customer shall ensure timely payment of all invoices issued by PLL for the payment of the LNG Services Price; (j) The Customer shall issue and maintain the SBLC; (k) The Customer shall ensure that it bears all costs in clause 13.2, exclusively permit relation to the Company or its authorised representative LNG transported to remedy or make good any defects the LNG Import Facility; (l) Customer shall provide and bear all risks and expenses in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice relation to any tugs, pilots, escort or other right or remedy support vessels required for the berthing, unloading and departure of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.LNG Carrier

Obligations of the Customer. 3.1 2.1 The Customer agrees toshall act in good faith towards Network Rail in respect of this Agreement. 2.2 The Customer shall observe and perform its obligations including those set out in Schedule 8 and Schedule 9 in accordance with the terms of this Agreement including carrying out actions or providing information as reasonably requested from time to time by Network Rail. If any delay is caused to the provision of the Services or Network Rail incurs any costs or losses as a result of breach of contract or negligence by the Customer, then the Customer shall pay to Network Rail all costs or losses directly and reasonably incurred by Network Rail as a result of the Customer's breach or negligence. 2.3 The Customer will design the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent designer engaged in designing works of a similar size, scope and complexity to the Works. The Customer will construct the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent contractor engaged in carrying out works of a similar size, scope and complexity to the Works. 2.4 The Customer shall design, carry out and complete the Works in accordance with: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause.Good Industry Practice; (b) Pay the Company the Price for carrying out the Works in accordance with this agreementLegal Requirements; (c) Provide Standards (until the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents;project has achieved PACE Phase 2) (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (any Change in accordance with all legislation governing safety in the workplace);Standards (e) Not such derogations from the Standards as may be applicable from time to cause any disruption time and as Network Rail and/or the relevant Competent Authority may approve or obstruction consent to in writing and by expressly referring to it, being aware that its approval or consent to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Worksmatter in question constitutes a derogation; (f) Where all other relevant current British or European codes, regulations and standards (to the Works requires co-ordination with extent that there are no conflicts or inconsistencies within them or between them and any other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsrequirements of this Agreement); (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the WorksNetwork Rail's Requirements; (h) In circumstances where it wishes to make the Safety Authorisation; (i) Necessary Consents; (j) the Works Requirements; (k) the Safety Management System, or in respect of a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy relevant part of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as set out in paragraph 13 of Schedule 3: (i) the Network Rail Safety Management System: or (ii) where the Works relate to a result station, the SFO Safety Management System, or (iii) where the Works relate to a Depot, the DFO Safety Management System; (l) the terms of this Agreement; and (m) in accordance with the approved Asset Management Plan which will take into account such breach by other conditions: (i) as Network Rail may reasonably consider necessary to prevent, address, alleviate or comply with (as applicable) a Network Operation Issue; (ii) as Network Rail may reasonably consider necessary relating to the Customer.efficiency, whole life cost and safety of the Works and the Railway and with clause 8 and Schedule 9; and 3.3 Where (iii) to enable construction of the Customer requests any Related Work Works in a manner which minimises disruption to the Railway and enables future construction or maintenance to be carried out, out on the Company will use its best endeavours Network constituting the Works (as far as reasonably possible) in a way which minimises costs and disruption to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such workNetwork. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 The Customer agrees to: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice)11.1. The Customer shall be liable for any loss incurred by undertakes to fill the Company as a result of the Customers failure to comply Filters only with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services DESOTEC's Adsorption products and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction acknowledges that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies Filters are not suitable to be filled with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do soproducts. 3.2 11.2. Without prejudice to any other right or remedy article 22, immediately upon delivery of the Company, if Goods the Customer fails shall ascertain whether the correct Goods have been delivered. 11.3. Unless explicitly stated otherwise in the Agreement and except for the handling of Small Filters in order to carry out unload respectively load such Small Filters and put them in place at their ab initio envisaged location upon delivery respectively move them from said location to the truck with a view to loading upon collection thereof, only (a carrier acting on behalf of) DESOTEC is entitled to move or perform any transport Filters, including moving or transporting them after delivery, on or outside the Customer's premises. The Customer is not entitled to move the Filters itself or use delivered Filters at locations (or for purposes) other than those provided for in the Agreement, without the express and written prior consent of its obligations pursuant DESOTEC. If DESOTEC allows the Customer to move Filters, this clause 3 (excepting clause 3.1(g)) thenshall be done by means of a trailer or other means of transport supplied or explicitly approved in writing by DESOTEC, and in addition to any Additional Expenses Charge that accordance with the rules of good practice and the directions and instructions of DESOTEC. As it may applyoccur, the Company may charge Customer undertakes to obtain the Customer instructions of DESOTEC before actually moving the Filters. 11.4. In the event of collection or exchange of a Services Delay Charge for each day Filter or other Good by DESOTEC (or part thereofa carrier acting on behalf of DESOTEC) that at the Company is, in its reasonable opinion, unable and/or not required to carry out Customer's premises or perform the Works as at a result of such breach location designated by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtainingidentifying the specific Good(s) to be collected or exchanged to DESOTEC (and/or the carrier). In case of wrong indication or no indication by the Customer, paying DESOTEC shall not be liable for the collection or exchange of wrong Good(s). 11.5. Customer shall defend, indemnify, and maintaining hold harmless DESOTEC and its members, managers, officers, directors, employees, parent companies, subsidiaries, and affiliated companies or enterprises from and against any and all claims, actions, causes of action, rights, judgments, allegations, demands, obligations, suits, expenses, penalties, losses, costs, attorney’s fees, damages, and liabilities arising out of or resulting from any third party claims relating to Customer’s use of the Goods. 11.6. The Customer shall be solely responsible to obtain in force a timely manner any and all permits necessary for the execution of the Agreement, including but not limited to environmental and urban development permits. The Customer is also solely responsible to verify whether the Goods can be delivered and used in their standard design, approvalsand, authorisationsif this is not the case, authorities, licences and consents to notify DESOTEC of all regulatory authorities whatsoever which are or may be necessary or advisable any possible difficulties in connection this respect (e.g. due to the localisation of the Customer in an area with the Worksincreased risk of seismic activity).

Obligations of the Customer. 3.1 The Customer agrees to: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (cb) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (dc) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (ed) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (fe) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (gf) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (hg) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(gf)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 2.1 The Customer agrees toshall act in good faith towards Network Rail in respect of this Agreement. 2.2 The Customer shall observe and perform its obligations including those set out in Schedule 8 and Schedule 9 in accordance with the terms of this Agreement including carrying out actions or providing information as reasonably requested from time to time by Network Rail. If any delay is caused to the provision of the Services or Network Rail incurs any costs or losses as a result of breach of contract or negligence by the Customer, then the Customer shall pay to Network Rail all costs or losses directly and reasonably incurred by Network Rail as a result of the Customer's breach or negligence. 2.3 The Customer will design the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent designer engaged in designing works of a similar size, scope and complexity to the Works. The Customer will construct the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent contractor engaged in carrying out works of a similar size, scope and complexity to the Works. 2.4 The Customer shall design, carry out and complete the Works in accordance with: (a) The Customer shall give Legal Requirements and Standards (until the Company not less than 14 days prior written notice of Project has achieved GRIP 4) and any proposed change of ownership of Change in Standards or such derogations from the Customer Standards as may be applicable from time to time and as Network Rail and/or the relevant Competent Authority may approve or any change consent to in writing and by expressly referring to it, being aware that its approval or consent to the Customer’s details (including but not limited to, changes matter in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as question constitutes a result of the Customers failure to comply with this clause.derogation; (b) Pay all other relevant current British or European codes, regulations and standards (to the Company the Price for carrying out the Works in accordance with extent that there are no conflicts or inconsistencies within them or between them and any other requirements of this agreementAgreement); (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agentsNetwork Rail's Requirements; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace)Safety Authorisation; (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the WorksNecessary Consents; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsRequirements; (g) Permit the Company Safety Management System, or in respect of a relevant part of the Works as set out in paragraph 13 of Schedule 3: (i) the Network Rail Safety Management System: or (ii) where the Works relate to attach such reasonable signage as a station, the Company may wish SFO Safety Management System, or (iii) where the Works relate to any Works so as to identify that a Depot, the Company is carrying out the WorksDFO Safety Management System; (h) In circumstances where it wishes the terms of this Agreement; and (i) in accordance with the approved Asset Management Plan which will take into account such other conditions: (i) as Network Rail may reasonably consider necessary to make prevent, address, alleviate or comply with (as applicable) a claim against the Company pursuant Network Operation Issue; (ii) as Network Rail may reasonably consider necessary relating to the guarantee given in clause 13.2efficiency, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship whole life cost and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy safety of the Company, if Works and the Customer fails Railway and with clause 8 and Schedule 9; and (iii) to carry out or perform any enable construction of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as in a result of such breach by manner which minimises disruption to the Customer. 3.3 Where the Customer requests any Related Work Railway and enables future construction or maintenance to be carried out, out on the Company will use its best endeavours Network constituting the Works (as far as reasonably possible) in a way which minimises costs and disruption to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such workNetwork. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 4.1 The Customer agrees undertakes to provide the Customer Equipment, ensure it is kept in good working order and undertakes that all Customer Equipment and any other equipment which is attached (directly or indirectly) to the Services will conform to the the relevant standard designated by all relevant legislation and all applicable regulations, instructions and orders including without limitation under the Act or the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 and any requirements or standards set out by the Supplier. The Supplier shall not be under any obligation to connect or keep connected any Customer Equipment if it does not so conform of if in the Supplier’s reasonable opinion i t is liable to cause death, personal injury or damage to property or to impair the quality of the Service or put the Supplier in breach of its licences or obligations to any third party. 4.2 The Customer shall not use the Supplier’s name or any registered or unregistered trademarks or service marks of the Supplier without the prior written consent of the Supplier. If the Supplier does give such written consent, the Customer shall first submit to the Supplier for prior written approval copies of all marketing and advertising materials and other documentation (including, where applicable, contractual documentation) involving the Supplier’s name, registered or unregistered trademarks or service marks of the Supplier which the Customer proposes to use, prior to the use of any such materials or entering into any such contractual documentation. 4.3 The Customer shall not at any time make any statements or representations to third parties with regard to the Supplier or in any way hold itself out as acting for or on behalf of the Supplier. 4.4 The Customer shall notify the Supplier promptly of all enquiries or problems regarding technical and operational i ssues with the Services. 4.5 In the event that the Customer becomes aware by any means, or has reasonable suspicions that a fraud or serious illegal misus e may have taken place, or will take place, the Customer shall be under an obligation to take immediate steps to suspend service to the number concerned by contacting the Supplier’s technical support department. The Supplier shall ensure that no further traffic is permitted on the relevant l xxxx until service is re- instated at the request of the Customer. The Supplier shall not be responsible for any Charges or liabilities incurred by the Customer prior to such suspension. 4.6 The Customer shall use reasonable skill and care in the performance of its obligations under this Agreement and shall keep co mplete and accurate records in relation to the performance of such obligations. 4.7 The Customer shall ensure that its systems comply with the relevant specifications provided by the Supplier from time to time. 4.8 The Customer shall obtain and shall maintain at its own cost all necessary licences, consents, permissions necessary for the Supplier and its Sub- Contractors and Agents to properly perform their obligations under this Agreement including without limitation in relation to the Services and the Equipment and Customer Equipment. 4.9 The Customer shall ensure that the End Users use the Services in accordance with the terms and conditions of this Agreement and shall be responsible for any End User’s breach of this Agreement. 4.10 The Customer shall comply fully with the provisions of all or any of the Schedules within this Agreement. 4.11 The Customer shall only use the Equipment in order to receive the Services. The Customer shall at its own expense provide sui table accommodation, assistance, facilities and environmental conditions for the Equipment and Customer Equipment and all necessary electrical and other installations and fittings. 4.12 The Customer shall ensure that a secure electricity supply at the Site for the operation and maintenance of the Equipment and Customer Equipment at such points and with such connections as has been specified by the Supplier or its Agents or Sub-Contractors is maintained. The Company shall not be responsible for interruption or failure of the Services caused by a failure of such power supply. 4.13 The Customer is responsible for the Equipment and must not add to, modify or in any way interfere with it nor allow anyone el se (other than someone authorised by the Supplier) to do so pursuant to the provisions of clause 5.2.2. The Customer will be liable to the Company for any loss of or damage to the Equipment, except where such loss or damage is due to fair wear and tear or is caused by the Supplier, or anyone acting on the Supplier’s behalf. 4.14 The Customer shall ensure that any Customer Equipment connected to or used with the Service must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment and that any Customer Equipment or other equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards. 4.15 To enable the Supplier to carry out its obligations under this Agreement, the Customer will at all reasonable times provide the Supplier’s employees, and anyone acting on the Supplier’s behalf including the Supplier’s suppliers and Agents and Sub-Contractors, who produce a valid identity card, with access to any Site outside of the Company’s control. 4.16 If through no fault of the Supplier, the Supplier is unable to carry out an installation or maintenance at, or gain access to, the Site and the installation or maintenance is aborted, the Supplier will notify the Customer Nominated Contact and may raise an additional charge pursuant to clause 7.2. 4.17 The Customer hereby irrevocably gives permission (so far as it is in within its power to do so) to the Supplier or its suppliers and Carriers and its employees, Agents or Sub-contractors to: 4.17.1 execute any works on the Site for, or in connection with, the installation, maintenance, or removal of the Equipment; 4.17.2 keep and operate telecommunication apparatus installed on, under or over the Site for the purposes of providing the Service; 4.17.3 enter the Site to inspect any telecommunication apparatus kept on, the Site or elsewhere for the purposes of providing the Service. 4.18 Where this Agreement or the Service is terminated for any reason the Supplier or its suppliers and Carriers will be entitled to remove the Equipment installed there. 4.19 The Customer undertakes: 4.19.1 not to sell or attempt to sell the Equipment; 4.19.2 not to remove any identification mark affixed to the Equipment showing that it is the property of the Supplier or such other third party supplier of such Equipment. 4.20 The Customer undertakes (aif required in writing by the Supplier to do so) to obtain and maintain the following insurance in respect of the Customer Equipment:- 4.20.1 cover in an amount equal to the full replacement value of the Customer Equipment against fire, theft, accidental damage and all other risks; and 4.20.2 public liability insurance with cover in an amount that is reasonably satisfactory to the Supplier and on request to provide the Supplier with certificates of cover in respect of the required insurance and evidence of payment of premiums. 4.21 If any Customer Equipment is required at the site of the Supplier, the Customer shall procure that the Customer Equipment is delivered immediately upon request of the Supplier and in good time for the Start Date. Where such Customer Equipment is located at a site of the Supplier’s, the Customer will remain fully responsible for the risk to the Customer Equipment. The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership also ensure a prompt removal of the Customer and or any change in Equipment from the Customer’s details (including but not limited to, changes in site of the customer’s name, address, contact phone/fax numbers or business practice)Supplier on the termination of this Agreement. The Customer shall be liable solely responsible for transportation, installation and de-installation costs associated with the Customer Equipment. 4.22 The Supplier shall have a lien over any Customer Equipment at the site of the Supplier in order to secure all sums due and unpaid under this Agreement and the Customer will not be entitled to remove the Customer Equipment from the site of the Supplier unless and until the Supplier has received all such outstanding sums due to it and authorised its removal. 4.23 The Supplier reserves the right to relocate the Customer Equipment to an alternative site of the Supplier’s on giving to the Customer reasonable notice. 4.24 The Customer shall indemnify the Supplier against any claims, proceedings or threatened proceedings from third parties and against any loss or damage, costs or expenses, suffered by the Supplier arising from its possession or use of the Customer Equipment or from the location of the Customer Equipment at the site of the Supplier and for all costs and expenses reasonably incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works Supplier in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services investigating and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains defending itself in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish relation to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2such claims, exclusively permit the Company proceedings or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do sothreatened proceedings. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 The Customer agrees to: (a) 11.1 The Customer shall give ensure that all information, equipment and rooms that Remoticom indicates are necessary or that the Company not less than 14 days prior written notice of any proposed change of ownership Customer should reasonably understand to be necessary for the execution of the Customer and or any change Agreement, are provided to Remoticom in a timely manner. 11.2 If information necessary for the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result execution of the Customers failure Agreement is not available to comply with this clause. (b) Pay the Company the Price for carrying out the Works Remoticom, or is not available on time or in accordance with this agreement; (c) Provide the Company with all necessary plansagreements made, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or fulfil his obligations in any other way, Remoticom is in any case entitled to suspend the execution of the Agreement and is entitled to charge the costs incurred as a result in accordance with its usual rates. 11.3 The Customer is obliged to notify Remoticom immediately of facts and circumstances that may be relevant in connection with the execution of the Agreement. 11.4 The Customer bears the risk of the selection, use, application and management in his organisation of the equipment, software, data files and other Products and materials and of the Work to be delivered by Remoticom. The Customer himself is responsible for the correct installation, assembly and commissioning and for the correct settings of the equipment, software, data files and other Products and materials. 11.5 If employees of Remoticom perform any Work at the location of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) thenthe Customer, the Customer will provide, free of charge, the facilities reasonably required by those employees, such as - if applicable - a workspace with telecommunication facilities, etc. The Customer shall indemnify Remoticom against claims by third parties, including employees of Remoticom, who, in addition connection with the execution of the Agreement, suffer damages resulting from the actions or omissions of the Customer or from unsafe situations in his organisation. 11.6 The Customer must refrain from behaviour that makes it impossible for Remoticom to any Additional Expenses Charge that may applyexecute the Agreement properly. Furthermore, the Company may Customer shall provide all reasonable cooperation in order to be able to deliver the Products and/or perform the Work and to be able to check and guarantee the proper functioning of the Work. 11.7 If the Customer does not provide Remoticom with the information, Documentation, equipment, software, materials or employees that are useful, necessary or desirable for the execution of the Agreement, or does not provide Remoticom with such information, documentation, hardware, software, materials or employees on time or in accordance with the agreements, or if the Customer otherwise fails to fulfil his obligations, Remoticom has the right to suspend the execution of the Agreement in whole or in part, and Remoticom also has the right to charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works costs incurred as a result of such breach by the Customerthis in accordance with its customary rates, without prejudice to Remoticom’s right to exercise any other statutory and/or agreed right. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 4.1 The Customer agrees undertakes to provide the Customer Equipment where required and to ensure it is kept in good working order and undertakes that all Customer Equipment and any other equipment which is attached (directly or indirectly) to the Services will conform to the relevant standard designated by all relevant legislation and all applicable regulations, instructions and orders including without limitation under the Act or the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 where still relevant and the Radio Equipment Regulations 2017and any requirements or standards set out by the Supplier. The Supplier shall not be under any obligation to connect or keep connected any Customer Equipment if it does not so conform or if in the Supplier’s reasonable opinion it is liable to cause death, personal injury or damage to property or to impair the quality of the Service or put the Supplier in breach of its licences or obligations to any third party. 4.2 The Customer shall not use the Supplier’s name or any registered or unregistered trademarks or service marks of the Supplier without the prior written consent of the Supplier. If the Supplier does give such written consent, the Customer shall first submit to the Supplier for prior written approval copies of all marketing and advertising materials and other documentation (including, where applicable, contractual documentation) involving the Supplier’s name, registered or unregistered trademarks or service marks of the Supplier which the Customer proposes to use, prior to the use of any such materials or entering into any such contractual documentation. 4.3 The Customer shall not at any time make any statements or representations to third parties with regard to the Supplier or in any way hold itself out as acting for or on behalf of the Supplier. 4.4 The Customer shall notify the Supplier promptly of all enquiries or problems regarding technical and operational issues with the Services. 4.5 In the event that the Customer becomes aware by any means or has reasonable suspicions that a fraud or serious illegal misuse may have taken place, or will take place, the Customer shall be under an obligation to take immediate steps to suspend service to the number concerned by contacting the Supplier’s technical support department. The Supplier shall ensure that no further traffic is permitted on the relevant lines or SIP Trunks or SIP Channels until service is re-instated at the request of the Customer. The Supplier shall not be responsible for any Charges or liabilities incurred by the Customer prior to such suspension. 4.6 The Customer shall use reasonable skill and care in the performance of its obligations under this Agreement and shall keep complete and accurate records in relation to the performance of such obligations. 4.7 The Customer shall ensure that its systems comply with the relevant specifications provided by the Supplier from time to time. 4.8 The Customer shall obtain and shall maintain at its own cost all necessary licences, consents, permissions necessary for the Supplier and its Sub-Contractors and Agents to properly perform their obligations under this Agreement including without limitation in relation to the Services and the Equipment and Customer Equipment. 4.9 The Customer shall ensure that the End Users use the Services in accordance with the terms and conditions of this Agreement and shall be responsible for any End User’s breach of this Agreement. 4.10 The Customer gives the Supplier its permission to use the Customers Business name in future Marketing promotions and Material including the Suppliers Websites for the purposes of promoting the Suppliers Services and the Company. 4.11 The Customer shall only use the Equipment in order to receive the Services. The Customer shall at its own expense provide suitable accommodation, assistance, facilities and environmental conditions for the Equipment and Customer Equipment and all necessary electrical and other installations and fittings. 4.12 The Customer shall ensure that a secure electricity supply at the Site for the operation and maintenance of the Equipment and Customer Equipment at such points and with such connections as has been specified by the Supplier or its Agents or Sub-Contractors is maintained. The Supplier shall not be responsible for interruption or failure of the Services caused by a failure of such power supply. 4.13 The Customer is responsible for the Equipment and must not add to, modify or in any way interfere with it nor allow anyone else (other than someone authorised by the Supplier) to do so pursuant to the provisions of clause 5.2.2. The Customer will be liable to the Company for any loss of or damage to the Equipment, except where such loss or damage is due to fair wear and tear or is caused by the Supplier, or anyone acting on the Supplier’s behalf. 4.14 The Customer shall ensure that any Customer Equipment connected to or used with the Service must be connected and used in accordance with any instructions, safety and security procedures applicable to the use of that equipment and that any Customer Equipment or other equipment which is attached (directly or indirectly) to the Service must be technically compatible with the Service and approved for that purpose under any relevant legislation or telecommunications industry standards. 4.15 To enable the Supplier to carry out its obligations under this Agreement, the Customer will at all reasonable times provide the Supplier’s employees, and anyone acting on the Supplier’s behalf including the Supplier’s suppliers and Agents and Sub-Contractors, who produce a valid identity card, with access to any Site outside of the Company’s control. 4.16 If through no fault of the Supplier, the Supplier is unable to carry out an installation or maintenance at, or gain access to, the Site and the installation or maintenance is aborted, the Supplier will notify the Customer Nominated Contact and may raise an additional charge pursuant to clause 7.2. 4.17 The Customer hereby irrevocably gives permission (so far as it is in within its power to do so) to the Supplier or its suppliers and Carriers and its employees, Agents or Sub-contractors to: 4.17.1 execute any works on the Site for, or in connection with, the installation, maintenance, or removal of the Equipment; 4.17.2 keep and operate telecommunication apparatus installed on, under or over the Site for the purposes of providing the Service; 4.17.3 enter the Site after an agreed notice period to the Customer which will not exceed 90 days to inspect any telecommunication apparatus kept on the Site or elsewhere for the purposes of providing the Service 4.18 Where this Agreement or the Service is terminated for any reason the Supplier or its suppliers and Carriers will be entitled to remove the Equipment installed. 4.19 The Customer undertakes: 4.19.1 not to sell or attempt to sell the Equipment; 4.19.2 not to remove any identification xxxx affixed to the Equipment showing that it is the property of the Supplier or such other third party supplier of such Equipment. 4.20 The Customer undertakes (aif required in writing by the Supplier to do so) to obtain and maintain the following insurance in respect of the Customer Equipment: 4.20.1 cover in an amount equal to the full replacement value of the Customer Equipment against fire, theft, accidental damage and all other risks; and 4.20.2 public liability insurance with cover in an amount that is reasonably satisfactory to the Supplier and on request to provide the Supplier with certificates of cover in respect of the required insurance and evidence of payment of premiums. 4.21 If any Customer Equipment is required at the site of the Supplier, the Customer shall procure that the Customer Equipment is delivered immediately upon request of the Supplier and in good time for the Start Date. Where such Customer Equipment is located at a site of the Supplier’s, the Customer will remain fully responsible for the risk to the Customer Equipment. The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership also ensure a prompt removal of the Customer and or any change in Equipment from the Customer’s details (including but not limited to, changes in site of the customer’s name, address, contact phone/fax numbers or business practice)Supplier on the termination of this Agreement. The Customer shall be liable solely responsible for transportation, installation and de-installation costs associated with the Customer Equipment. 4.22 The Supplier shall have a lien over any Customer Equipment at the site of the Supplier in order to secure all sums due and unpaid under this Agreement and the Customer will not be entitled to remove the Customer Equipment from the site of the Supplier unless and until the Supplier has received all such outstanding sums due to it and authorised its removal. 4.23 The Supplier reserves the right to relocate the Customer Equipment to an alternative site of the Supplier’s on giving to the Customer notice. 4.24 The Customer shall indemnify the Supplier against any claims, proceedings or threatened proceedings from third parties and against any loss or damage, costs or expenses, suffered by the Supplier arising from its possession or use of the Customer Equipment or from the location of the Customer Equipment at the site of the Supplier and for all costs and expenses reasonably incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works Supplier in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services investigating and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains defending itself in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish relation to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2such claims, exclusively permit the Company proceedings or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do sothreatened proceedings. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 The Customer agrees to: (a) The Customer shall give the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement;. (cb) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (dc) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (ed) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works;. (fe) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons;. (gf) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works;. (hg) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g3.1(f)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 2.1 The Customer agrees toshall act in good faith towards Network Rail in respect of this Agreement. 2.2 The Customer shall observe and perform its obligations including those set out in Schedule 8 and Schedule 9 in accordance with the terms of this Agreement including carrying out actions or providing information as reasonably requested from time to time by Network Rail. If any delay is caused to the provision of the Services or Network Rail incurs any costs or losses as a result of breach of contract or negligence by the Customer, then the Customer shall pay to Network Rail all costs or losses directly and reasonably incurred by Network Rail as a result of the Customer's breach or negligence. 2.3 The Customer will design the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent designer engaged in designing works of a similar size, scope and complexity to the Works. The Customer will construct the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent contractor engaged in carrying out works of a similar size, scope and complexity to the Works. 2.4 The Customer shall design, carry out and complete the Works in accordance with: (a) The Customer shall give Standards (until the Company not less than 14 days prior written notice of any proposed change of ownership of the Customer Project has achieved GRIP 4) and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customers failure to comply with this clause.Legal Requirements (b) Pay the Company the Price for carrying out the Works any Change in accordance with this agreement; Standards (c) Provide such derogations from the Company with all necessary plansStandards as may be applicable from time to time and as Network Rail and/or the relevant Competent Authority may approve or consent to in writing and by expressly referring to it, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access being aware that its approval or consent to the Location and ensure to the Company’s reasonable satisfaction that the Location remains matter in question constitutes a state and condition that is safe for the Company and its employees and agentsderogation; (d) Ensure all other relevant current British or European codes, regulations and standards (to the Location complies with all necessary bylaws extent that there are no conflicts or inconsistencies within them or between them and restrictions is structurally sound (in accordance with all legislation governing safety in the workplaceany other requirements of this Agreement); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the WorksNetwork Rail's Requirements; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsSafety Authorisation; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the WorksNecessary Consents; (h) In circumstances where it wishes to make the Works Requirements; (i) the Safety Management System, or in respect of a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy relevant part of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as set out in paragraph 13 of Schedule 3: (i) the Network Rail Safety Management System: or (ii) where the Works relate to a result station, the SFO Safety Management System, or (iii) where the Works relate to a Depot, the DFO Safety Management System; (j) the terms of this Agreement; and (k) in accordance with the approved Asset Management Plan which will take into account such breach by other conditions: (i) as Network Rail may reasonably consider necessary to prevent, address, alleviate or comply with (as applicable) a Network Operation Issue; (ii) as Network Rail may reasonably consider necessary relating to the Customer.efficiency, whole life cost and safety of the Works and the Railway and with clause 8 and Schedule 9; and 3.3 Where (iii) to enable construction of the Customer requests any Related Work Works in a manner which minimises disruption to the Railway and enables future construction or maintenance to be carried out, out on the Company will use its best endeavours Network constituting the Works (as far as reasonably possible) in a way which minimises costs and disruption to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such workNetwork. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Company, the Customer shall be responsible for obtaining, paying for and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Works.

Obligations of the Customer. 3.1 2.1 The Customer agrees toshall act in good faith towards Network Rail in respect of this Agreement. 2.2 The Customer shall observe and perform its obligations including those set out in Schedules 8 and 9 in accordance with the terms of this Agreement including carrying out actions or providing information as reasonably requested from time to time by Network Rail. If any delay is caused to the provision of the Services or Network Rail incurs any costs or losses as a result of breach of contract or negligence by the Customer, then the Customer shall pay to Network Rail all costs or losses directly and reasonably incurred by Network Rail as a result of the Customer's breach or negligence. 2.3 The Customer will design, carry out and complete the Works exercising the reasonable skill, care and diligence as may be expected of a properly qualified and competent person engaged in carrying out works of a similar size, scope and complexity to the Works. 2.4 The Customer shall design, carry out and complete the Works in accordance with: (a) The Customer shall give Legal Requirements and Standards and any Change in Standards or such derogations from the Company not less than 14 days prior written notice of any proposed change of ownership of Standards as may be applicable from time to time and as Network Rail and/or the Customer relevant Competent Authority may approve or consent to in writing and by expressly referring to it, being aware that its approval or any change consent to the matter in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as question constitutes a result of the Customers failure to comply with this clause.derogation; (b) Pay all other relevant current British or European codes, regulations and standards (to the Company the Price for carrying out the Works in accordance with extent that there are no conflicts or inconsistencies within them or between them and any other requirements of this agreementAgreement); (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the CompanyNetwork Rail’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agentsRequirements; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace)Safety Authorisation; (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the WorksNecessary Consents; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersonsRequirements; (g) Permit the Company Safety Management Systems of both Network Rail and where the Works relate to attach such reasonable signage as a station, the Company may wish to any Works so as to identify that the Company is carrying out the WorksStation Facility Operator; (h) In circumstances where it wishes the terms of this Agreement; and (i) in accordance with the approved Asset Management Plan which will take into account such other conditions: (i) as Network Rail may reasonably consider necessary to make prevent, address, alleviate or comply with (as applicable) a claim against the Company pursuant Network Operation Issue; (ii) as Network Rail may reasonably consider necessary relating to the guarantee given in clause 13.2efficiency, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship whole life cost and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy safety of the Company, if Works and the Customer fails Railway and with Clause 8 and Schedule 9; and (iii) to carry out or perform any enable construction of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as in a result of such breach by manner which minimises disruption to the Customer. 3.3 Where the Customer requests any Related Work Railway and enables future construction or maintenance to be carried out, out on the Company will use its best endeavours Network constituting the Works (as far as reasonably possible) in a way which minimises costs and disruption to source suppliers and/or contractors the Network. 2.5 The Customer and Network Rail shall meet on a regular basis as agreed between the Parties. 2.6 Information or instructions provided to carry out the Related Work, but Network Rail by or on behalf of the Customer in connection with the Project shall be prepared and given in such a diligent and professional manner and with such clarity, in such detail and in a timely manner as is responsible necessary for the commissioning, controlling, and payment for such workNetwork Rail to comply with its obligations under this Agreement. 3.4 2.7 The Customer acknowledges will update Network Rail periodically of the status of the Works confirming that unless otherwise agreed in writing between the Customer all planned programming and the Company, the possessions interfaces will be met. 2.8 The Customer shall be responsible for obtaining, paying construction of the Works at its own risk and cost. 2.9 The Customer shall appoint a Representative to act on its behalf for the operation of these provisions of this Agreement. Any restriction placed by the Customer on its Representative’s authority must be notified to Network Rail in writing to be effective. The Representative may delegate its authority by notice in writing specifying the identity of the delegate and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection specifying the authority so delegated. 2.10 The Customer shall satisfy itself that the Checker has provided the Customer with the necessary level of assurance that the Checker has carried out its duties in accordance with the relevant Standards. 2.11 The Customer may subcontract all or part of its obligations under this Agreement. Notwithstanding the appointment of any Contractor the Customer shall remain liable for the performance of its obligations. 2.12 The Customer shall procure that each Contractor which is involved in the design, carrying out and Completion of the Works meets the requirements of the Supplier Licence for all relevant classes of work to be carried out by that Contractor. 2.13 The Customer shall: (a) obtain Network Rail’s prior written approval to the appointment of any CDM Co-ordinator (as defined in the CDM Regulations), such approval not to be unreasonably withheld or delayed; (b) not appoint a Contractor without obtaining Network Rail’s prior written approval to the selection of the Contractor and of the relevant Works Contract; (c) prior to commencing the design or construction of the Works, procure that each relevant Contractor produces a Quality Plan, Environmental Plan, an Asset Management Plan and a Safety Plan specific to the Works (as part of the Supplier Licence) and demonstrate how this integrates with the Customer’s Safety Management System; (d) obtain the prior approval of Network Rail before appointing a Checker appropriate to the checking category allocated to the Works by the Customer; (e) supply draft tender documents and amendments to Network Rail for comment and approval in writing in accordance with the timings agreed in the Implementation Programme; and (f) not invite tenders for the Works until Network Rail has approved the tender documents under Clause 2.13(e); and (g) procure that each Contractor shall provide Network Rail with a Collateral Warranty for design and construction prior to the Works Commencement Date.

Obligations of the Customer. 3.1 The Customer agrees to: (a) 7.1 The Customer shall during the course of the Agreement: 7.1.1 provide the Input Data by means of a secure channel and in a standard format to be agreed with THUK or any relevant regulatory body whose role it may be to collect Input Data on a national basis; 7.1.2 provide on a timely basis sufficient information to enable THUK to properly meet its obligations under this Agreement; 7.1.3 where Training Services are requested, provide appropriately equipped training rooms on its premises, together with internet access and sufficient connectivity, access points and bandwidth; 7.1.4 where Advanced Support Services are requested, provide THUK, its personnel and sub-contractors with reasonable access and office space, supplies and facilities at the Customer's premises, obtain all necessary authorities and consents in relation to the Product and ensure that all relevant members of the Customer's staff provide suitable cooperation to THUK and/or its sub-contractors; 7.1.5 take such steps as are reasonably necessary to ensure the safety of THUK personnel and its sub-contractors whilst they are on the Customer's premises; 7.1.6 assign a suitable member of staff to act as principle contact for THUK, to whom THUK shall send all invoices and other communications. Such person shall be authorised by the Customer to bind the Customer in relation to decisions, and shall be named in the Implementation Plan; 7.1.7 ensure that its senior management takes reasonable steps to ensure that its staff are fully aware of, engaged with and supportive of the Implementation Plan; 7.1.8 give the Company not less than 14 days prior written at least 3 working days’ notice of any proposed change cancellation of ownership a pre-arranged visit of the Customer and or any change in the Customer’s details (including but not limited to, changes in the customer’s name, address, contact phone/fax numbers or business practice)THUK support staff. The Customer shall be liable Client agrees to pay THUK £300 for any loss incurred by the Company as a result of the Customers failure to comply with this clauseeach visit cancelled on short notice. (b) Pay the Company the Price for carrying out the Works in accordance with this agreement; (c) Provide the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the Works, provide access to the Location and ensure to the Company’s reasonable satisfaction that the Location remains in a state and condition that is safe for the Company and its employees and agents; (d) Ensure the Location complies with all necessary bylaws and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause any disruption or obstruction to the carrying out of any Works and to follow any reasonable instructions provided by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do so. 3.2 Without prejudice to any other right or remedy of the Company, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 7.2 The Customer acknowledges that unless otherwise agreed failure to perform its obligations will jeopardise the successful execution of the Implementation Plan or Ancillary Services, and may result in writing between additional expenses incurred by THUK which shall be recoverable from the Customer on an indemnity basis. 7.3 The Customer acknowledges that THUK, in accordance with the requirements its public service ethos and by virtue of its links with the CompanyNHS, is required to comply with certain obligations relating to data and its uses, quality and availability. The Customer and THUK therefore agree that the Product will be made available to the Customer subject to the following restrictions: 7.3.1 The Product will not contain any data which is not already available to the NHS; and 7.3.2 the Customer will not use the Product or the data generated by the Product to undermine the principles of public service which are core to the NHS, or in any way which might be, or might be perceived to be, contrary to public interest. 7.4 The Customer agrees that any breach by it of the letter or spirit of clause 7.3 may result in THUK having to notify the relevant Controller (within the meaning of the Data Protection Laws) of such breach, which in turn my result in the Controller requiring THUK to modify the Product or terminate this Agreement, which shall be without liability on the part of THUK. 7.5 The Customer acknowledges that Data licensed from NHS Digital are subject to disclosure control measures including the suppression of small patient numbers or where these numbers could easily be derived. Any such data not relating to the Customer’s organisation are suppressed and replaced with * prior to their output. 7.6 The Customer agrees that within its organisation, it shall initiate and be responsible for obtainingan internal process to ensure the reliability of each Permitted User and that authorisation for creating a new Permitted User is only granted following suitable training, paying for to include awareness of their responsibilities in handling the Personal Data, and maintaining in force all permits, approvals, authorisations, authorities, licences and consents of all regulatory authorities whatsoever which are or may be necessary or advisable in connection with the Worksapproval of the Customer’s Caldicott Guardian.

Obligations of the Customer. 3.1 The 4.1 Without prejudice to any provisions laid down in law or Convention, the Customer agrees is, in any event, obliged to: (a) ensure that the Goods in respect of which the Carrier has some instruction, are available at the agreed place and time and that the Goods, taking into consideration the nature of the Goods and the intended method of transport and/or handling, are properly and adequately stuffed and packed; (b) guarantee that the Goods (including the Unit): (c) guarantee that the Customer will refrain from any illegal practices or ship any illegal Goods; (d) give the Carrier timely notice of all the information which he must give to the Carrier of which the Customer knows or should know that such is important for the performance of the Services; the Customer guarantees the completeness, correctness and accuracy of the information provided by him. Where the information is provided by other means than digitally documented, the Customer will confirm the information in writing; (e) guarantee the timely presence of the documents required for the execution of the instruction, except insofar as it was agreed in writing that the Carrier would take care of such documents; (f) give timely written notice to the Carrier of the rules which must be followed in accordance with the applicable legislation and/or other government schemes with regard to dangerous goods. 4.2 The Carrier can at any time and any place, at the expense and risk of the Customer, unload, destroy or make harmless in some other way Goods entrusted to the Carrier for whatever reason, which the Carrier, would not have wished to receive, if it had known at the time of taking receipt thereof that they could be dangerous. The Customer is liable for any damage or loss incurred by the Carrier, its employees or Subcontractors caused by the Goods or any other materials that the Customer made available to the Carrier, unless the Customer proves that such damage or loss is the direct result of the fault or negligence of the Carrier. 4.3 In the event that Goods that require refrigeration or heating are involved, the Customer shall promptly provide the Carrier with all necessary instructions and documents such as the particular temperature range to be maintained, and the Customer shall ensure that the Goods have been properly packed to the correct temperature and that the thermostatic controls have been properly set before the Goods are taken over by the Carrier. 4.4 The Customer is obliged to defend, indemnify and hold harmless the Carrier, its employees and its Subcontractors upon first request in the event the Carrier or said employees or Subcontractors are held liable by third parties for any damage or loss in connection with the performance of the Services. 4.5 The Customer is at all times obliged to compensate, indemnify and hold harmless the Carrier against any costs, fines and/or penalties, port charges, expenses, duties, taxes, customs debts or excises, including interests, incurred by or levied upon the Carrier or any Subcontractor by any government or other authority in connection with the performance of the Services, regardless of whether or not such claim is the result of a fault or negligence in the performance on the part of the Carrier or its Subcontractor of its obligations under the Contract. The Customer is obliged to provide security upon the Carrier's first demand for the amounts that the Carrier owes or may owe in relation to the aforementioned. 4.6 The Customer is responsible for the loading, unloading and stowing of the Goods into the Unit, unless the Carrier has in advance expressly confirmed otherwise in writing. Assistance given by the driver in loading and/or stowing does not in any way affect the fact that the Customer has exclusive responsibility in this respect. 4.7 When the driver assists the Customer, whether with or without equipment (e.g. a forklift, pallet/pump truck etc.) the driver acts under the custody, care and liability of the Customer. The Customer shall give be liable and shall indemnify the Company Carrier for any personal injury and any other type of damage or loss caused by this assistance. 4.8 The Carrier does not less than 14 days prior written notice accept any responsibility for the accuracy of any proposed change the quantity indicated by the Customer and all other statements regarding the Goods. In the event of ownership receipt of a pre-loaded and sealed container, neither the Carrier nor its Subcontractor shall be deemed to have received the Goods contained therein in a good and complete condition, even if no reservation has been made in this respect. 4.9 The Customer shall be liable towards the Carrier at all times for damages which are caused by it or by third parties acting on behalf of the Customer to Units, chassis, trailers and/or containers which have been made available at the request of the Customer for loading or unloading. 4.10 The Customer will: (a) comply with all Anti-Corruption and or any change Anti-Bribery laws in force in the Customer’s details (applicable countries, including but not limited to, changes the countries where the goods depart, where these are in transit and the customer’s name, address, contact phone/fax numbers or business practice). The Customer shall be liable for any loss incurred by the Company as a result country of the Customers failure to comply with this clause.arrival; (b) Pay the Company the Price for carrying out the Works have their own Anti-Corruption and Anti-Bribery policies and procedures in accordance with this agreementplace, and will safeguard their compliance; (c) Provide upon request of the Company with all necessary plans, specifications, services and amenities, so as to allow the Company to carry out the WorksCarrier, provide access supporting evidence of compliance to the Location applicable legislation and ensure to the Company’s reasonable satisfaction that the Location remains in a state internal policies and condition that is safe for the Company and its employees and agentsprocedures; (d) Ensure comply with the Location complies with all necessary bylaws above-mentioned list. Failure thereof, will constitute a justifiable reason for immediate termination of the performance of the said Contract and restrictions is structurally sound (in accordance with all legislation governing safety in the workplace); (e) Not to cause for any disruption additional civil or obstruction to the carrying out of any Works and to follow any reasonable instructions provided criminal action deemed appropriate by the Company about the Works; (f) Where the Works requires co-ordination with other trades then the Customer will supply the Company with a schedule detailing all relevant information so as to allow the Company sufficient time to co-ordinate with the Customer’s other tradespersons; (g) Permit the Company to attach such reasonable signage as the Company may wish to any Works so as to identify that the Company is carrying out the Works; (h) In circumstances where it wishes to make a claim against the Company pursuant to the guarantee given in clause 13.2, exclusively permit the Company or its authorised representative to remedy or make good any defects in its Workmanship and not permit any other third party to do soCarrier. 3.2 Without prejudice to any other right or remedy of the Company, if 4.11 If the Customer fails to carry out or perform in the proper performance of any of its obligations pursuant to this clause 3 (excepting clause 3.1(g)) then, as set out in addition to any Additional Expenses Charge that may apply, the Company may charge the Customer a Services Delay Charge for each day (or part thereof) that the Company is, in its reasonable opinion, unable and/or not required to carry out or perform the Works as a result of such breach by the Customer. 3.3 Where the Customer requests any Related Work to be carried out, the Company will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work. 3.4 The Customer acknowledges that unless otherwise agreed in writing between the Customer and the Companythese General Terms & Conditions, the Customer shall be responsible for obtainingfully liable towards the Carrier and shall be obliged to defend, paying for indemnify and maintaining in force hold harmless the Carrier against all permitscosts, approvalsclaims, authorisationsdamages, authorities, licences and consents of all regulatory authorities whatsoever which are losses or may be necessary or advisable in connection with the Worksliabilities resulting thereof.