Common use of Our Valuations Clause in Contracts

Our Valuations. 4.1 Our Valuations are prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a Valuation for any other purpose without our prior written consent. We do not accept a duty of care to any other person and you agree to the Valuation specifically disclaiming legal responsibility to any other person that might read the Valuation. In the event that you wish to provide the Valuation to any third party, including any financier, for any reason, before any disclosure occurs, you must first obtain our consent to disclosure of the report being made, and if consent is given (which remains at our discretion and may be given with extra conditions), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 You indemnify us against any Loss we may suffer or incur in respect of any Claim by a third party that arises as a result of any use or distribution of a Valuation to that party or their reliance thereon. Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation by any third party: 4.2.1 You will ensure that we can enforce the protections afforded to us under or out of this Agreement (and in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so that, the limitation in clauses 11.1 and 11.2 apply so as to limit our liability to you and/or to that third party, severally and/or collectively, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value or where the valuation is relied upon more than 90 days after the date of the valuation, provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it is your responsibility to become aware of these Notices and to ensure that the Valuations are only used in the context of, and subject to, such Notices. 4.5 You acknowledge and agree that our Valuations: 4.5.1 cannot be relied upon as advice about taxation, investment or financial strategy nor considered to be legal or accounting advice; and/or 4.5.2 are not a recommendation to take or not take any particular course or action in respect of a transaction or investment opportunity, and will not be relied upon (in whole or in part) to assess or make decisions about, any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If the Services comprise a desktop or kerbside assessment of any kind or you have instructed us not to undertake a full external and internal inspection, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property being valued and you accept the inherent risk of inaccuracy arising therefrom (including, to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guideline). 4.7 If the Service comprises a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant property when preparing the Virtual Valuation and determining the market value of the property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without inspection of a property there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 the Virtual Valuation may not fully comply with the ABFI Standing Instructions and any non- compliance with the ABFI Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreement.

Our Valuations. 4.1 Our Valuations are Any Valuation or Deliverable is prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a the Valuation or Deliverable for any purpose other purpose than the Permitted Purpose without our prior written consent. We do not accept a duty of care to any other person who may read or use the Valuation or Deliverable and you agree to the Valuation that we specifically disclaiming disclaim legal responsibility to any other person that might read the Valuation. In the event that you wish to provide them. 4.2 You must not disclose a copy of the Valuation or any Deliverable to any third partyparty (other than disclosure that is necessary for the conduct of the dispute or court proceedings in respect of which these Services are provided), including any financier, for any reason, before any disclosure occurs, unless you must first obtain our consent to disclosure of the report being made, and if consent is given in writing (which remains we may give or withhold at our discretion and which may be given with extra conditions), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 You indemnify us against any Loss we may . suffer or incur in respect of any Claim or action by a third party that arises as a result of any use or distribution of of, or reliance on, a Valuation or Deliverable to a third party (even if we consented to the provision of the Valuation or Deliverable to that party or their reliance thereonparty). Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation or Deliverable by any third party: 4.2.1 You 4.3.1 you will ensure that we can enforce the protections afforded to us under or out of this Agreement (and including, in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without 4.3.2 without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so thatthat clause 11.1 (or if relevant, the limitation in clauses 11.1 and 11.2 apply clause 11.2) applies so as to limit our liability to you and/or to that third party, severally and/or collectivelyjointly, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value or where the valuation is relied upon more than 90 days after the date of the valuation, provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it is your responsibility to become aware of these Notices and to ensure that the Valuations are only used in the context of, and subject to, such Notices. 4.5 You acknowledge and agree that our Valuations: 4.5.1 cannot be relied upon as advice about taxation, investment or financial strategy nor considered to be legal or accounting advice; and/or 4.5.2 are not a recommendation to take or not take any particular course or action in respect of a transaction or investment opportunity, and will not be relied upon (in whole or in part) to assess or make decisions about, any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If the Services comprise a desktop or kerbside assessment of any kind or you have instructed us not to undertake a full external and internal inspection, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property being valued and you accept the inherent risk of inaccuracy arising therefrom (including, to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guideline). 4.7 If the Service comprises a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant property when preparing the Virtual Valuation and determining the market value of the property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without inspection of a property there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 the Virtual Valuation may not fully comply with the ABFI Standing Instructions and any non- compliance with the ABFI Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreement.

Our Valuations. 4.1 Our Valuations are prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a Valuation for any other purpose without our prior written consent. We do not accept a duty of care to any other person and you agree to the Valuation specifically disclaiming legal responsibility to any other person that might read the Valuation. In the event that you wish to provide the Valuation to any third party, including any financier, for any reason, before any disclosure occurs, you must first obtain our consent to disclosure of the report being made, and if consent is given (which remains at our discretion and may be given with extra conditions), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 You indemnify us against any Loss we may suffer or incur in respect of any Claim by a third party that arises as a result of any use or distribution of a Valuation to that party or their reliance thereon. Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation by any third party: 4.2.1 You will ensure that we can enforce the protections afforded to us under or out of this Agreement (and in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so that, the limitation in clauses 11.1 and 11.2 apply so as to limit our liability to you and/or to that third party, severally and/or collectively, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value or where the valuation is relied upon more than 90 days after the date of the valuation, provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it is your responsibility to become aware of these Notices and to ensure that the Valuations are only used in the context of, and subject to, such Notices. 4.5 You acknowledge and agree that our Valuations: 4.5.1 cannot be relied upon as advice about taxation, investment or financial strategy nor considered to be legal or accounting advice; and/or 4.5.2 are not a recommendation to take or not take any particular course or action in respect of a transaction or investment opportunity, and will not be relied upon (in whole or in part) to assess or make decisions about, any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If the Services comprise a desktop or kerbside assessment of any kind or you have instructed us not to undertake a full external and internal inspection, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property or asset being valued and you accept the inherent risk of inaccuracy arising therefrom (including, to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guideline). 4.7 If the Service comprises a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant property when preparing the Virtual Valuation and determining the market value of the property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without inspection of a property there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 the Virtual Valuation may not fully comply with the ABFI Standing Instructions and any non- compliance with the ABFI Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreement.

Our Valuations. 4.1 Our Valuations are prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a Valuation for any other purpose without our prior written consent. We do not accept a duty of care to any other person and you agree to the Valuation specifically disclaiming legal responsibility to any other person that might read the Valuation. In the event that you wish to provide the Valuation to any third party, including any financier, for any reason, before any disclosure occurs, you must first obtain our consent to disclosure of the report being made, and if consent is given (which remains at our discretion and may be given with extra conditions), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 You indemnify us against any Loss we may suffer or incur in respect of any Claim by a third party that arises as a result of any use or distribution of a Valuation to that party or their reliance thereon. Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation by any third party: 4.2.1 You will ensure that we can enforce the protections afforded to us under or out of this Agreement (and in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so that, the limitation in clauses 11.1 and 11.2 apply so as to limit our liability to you and/or to that third party, severally and/or collectively, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value value, or if the Valuation is for mortgage purposes, liability for Loss where the valuation a Valuation is relied upon more than 90 days after the date of valuation (or such earlier date if you become aware of any factors that have any effect on the valuation, Valuation) provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it is your responsibility to become aware of these Notices and to ensure that the Valuations are only used in the context of, and subject to, such Notices. 4.5 You acknowledge and agree that our Valuations: 4.5.1 cannot be relied upon as advice about taxation, investment or financial strategy nor considered to be legal or accounting advice; and/or; 4.5.2 do not constitute advice as to any contamination, earthquake resistance or weather tightness of a property being valued; 4.5.3 are not, and do not include, any site survey, environmental audit or cultural heritage audit in respect of a property being valued; and 4.5.4 are not a recommendation to take or not take any particular course or action in respect of a transaction or investment opportunity, and will not be relied upon (in whole or in part) to assess or make decisions about, any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If the Services comprise a desktop or kerbside assessment of any kind or you have instructed us not to undertake a full external and internal inspection, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property or asset being valued and you accept the inherent risk of inaccuracy arising therefrom (including, to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guidelineguideline published by the International Valuation Standards Council or PINZ). 4.7 If the Service comprises a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant premises / property when preparing the Virtual Valuation and determining the market value of the premises/property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without full inspection of a property property/premises there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 in ordering a Virtual Valuation, the Virtual Valuation may not fully comply with the ABFI certain Standing Instructions and any non- non-compliance with the ABFI those Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreement.

Our Valuations. 4.1 Our Valuations are Any Valuation or Deliverable is prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a the Valuation or Deliverable for any purpose other purpose than the Permitted Purpose without our prior written consent. We do not accept a duty of care to any other person who may read or use the Valuation or Deliverable and you agree to the Valuation that we specifically disclaiming disclaim legal responsibility to any other person that might read the Valuation. In the event that them. 4.2 If you wish to provide a copy of the Valuation or any Deliverable to any third party, including any financier, party (other than for any reason, before any disclosure occursuse in the dispute or court proceedings in respect of which we have been engaged), you must first obtain our consent to disclosure of the report being made, and if consent is given in writing (which remains we may withhold at our discretion and may be given with extra conditionsdiscretion), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 4.3 You indemnify us against for and in respect of any Loss we may suffer or incur in respect of any Claim claim or action by a third party that arises as a result of any use or distribution of of, or reliance on, a Valuation or Deliverable to a third party (even if we consented to the provision of the Valuation or Deliverable to that party or their reliance thereonparty). Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation or Deliverable by any third party: 4.2.1 You 4.3.1 you will ensure that we can enforce the protections afforded to us under or out of this Agreement (and including, in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without 4.3.2 without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so that, the limitation in clauses 11.1 and that clause 11.2 apply applies so as to limit our liability to you and/or to that third party, severally and/or collectivelyjointly, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value or where the valuation is relied upon more than 90 days after the date of the valuation, provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations and Deliverables will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it These Notices form part of this Agreement. It is your responsibility to become be aware of these Notices and to ensure that the Valuations and Deliverables are only used in the context of, and subject to, such Notices. 4.5 You acknowledge Our Services, including the Valuations and agree that our Valuations: 4.5.1 Deliverables cannot be relied upon considered advice as advice about to taxation, investment or financial strategy nor considered to can they be viewed as legal or accounting advice; and/or. 4.5.2 4.6 When our Services (including any Valuation or Deliverable) are not required in connection with a recommendation legal matter, a dispute (including threatened or commenced litigation) or a court action, you agree to take or not take any particular course or action the following: 4.6.1 in addition to payment of the Fees, you will pay for our time spent consulting with you in respect of a transaction the matter or investment opportunityin preparing for, and will not be relied upon attending at, any hearing or court appearance (or any preparatory conference or other meeting in whole anticipation of a hearing or court appearance), at an agreed hourly rate (or failing agreement, at the rate specified by us) plus GST; 4.6.2 we act impartially at all times in providing such services; 4.6.3 you release and hold us harmless from any liability for any claim which you or anyone else may bring for any Loss arising out of or in partany way connected with our Services provided as an expert or for the purpose of, the legal matter, dispute or court proceedings; 4.6.4 when we act as an expert witness, we do not act as your advocate. We will comply with the requirements of all relevant court rules or procedures and our paramount duty, which overrides any duty to you or any party to the proceedings or other person retaining us, is to assist the court impartially on matters relevant to the area of our expertise; and 4.6.5 if we are instructed jointly to provide an expert opinion or assessment, each instructing party (separately and jointly) to assess indemnifies us against all claims by either instructing party or make decisions aboutanyone claiming under or through either instructing party, arising out of or in any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If way connected with the Services comprise a desktop or kerbside assessment of any kind Valuation or you have instructed Deliverable provided by us not to undertake a full external and internal inspectionunder this Agreement, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property being valued and you accept the inherent risk of inaccuracy arising therefrom (including, except to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guideline). 4.7 If the Service comprises a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant property when preparing the Virtual Valuation and determining the market value of the property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without inspection of a property there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 the Virtual Valuation may not fully comply with the ABFI Standing Instructions and any non- compliance with the ABFI Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreementfraudulent.

Our Valuations. 4.1 Our Valuations are Any Valuation or Deliverable is prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a the Valuation or Deliverable for any purpose other purpose than the Permitted Purpose without our prior written consent. We do not accept a duty of care to any other person who may read or use the Valuation or Deliverable and you agree to the Valuation that we specifically disclaiming disclaim legal responsibility to any other person that might read the Valuation. In the event that you wish to provide them. 4.2 You must not disclose a copy of the Valuation or any Deliverable to any third partyparty (other than disclosure that is necessary for the conduct of the dispute or court proceedings in respect of which these Services are provided), including any financier, for any reason, before any disclosure occurs, unless you must first obtain our consent to disclosure of the report being made, and if consent is given in writing (which remains we may give or withhold at our discretion and which may be given with extra conditions), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 4.3 You indemnify us against for and in respect of any Loss we may suffer or incur in respect of any Claim or action by a third party that arises as a result of any use or distribution of of, or reliance on, a Valuation or Deliverable to a third party (even if we consented to the provision of the Valuation or Deliverable to that party or their reliance thereonparty). Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation or Deliverable by any third party: 4.2.1 You 4.3.1 you will ensure that we can enforce the protections afforded to us under or out of this Agreement (and including, in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without 4.3.2 without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so thatthat clause 11.1 (or if relevant, the limitation in clauses 11.1 and 11.2 apply clause 11.2) applies so as to limit our liability to you and/or to that third party, severally and/or collectivelyjointly, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value or where the valuation is relied upon more than 90 days after the date of the valuation, provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations and Deliverables will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it These Notices form part of this Agreement. It is your responsibility to become be aware of these Notices and to ensure that the Valuations and Deliverables are only used in the context of, and subject to, such Notices. 4.5 You acknowledge Our Services, including the Valuations and agree that our Valuations: 4.5.1 Deliverables cannot be relied upon considered or used as advice about as to taxation, investment or financial strategy nor considered to can they be viewed or used as legal or accounting advice; and/or. 4.5.2 4.6 When our Services (including any Valuation or Deliverable) are not requested, used or relied upon in connection with a recommendation legal matter, a dispute (including threatened or commenced litigation) or a court action, you agree to take or not take any particular course or action the following: 4.6.1 in addition to payment of the Fees, you will pay for our time spent consulting with you in respect of a transaction the matter or investment opportunityin preparing for, and will not be relied upon attending at, any hearing or court appearance (or any preparatory conference or other meeting in whole anticipation of a hearing or court appearance), at an agreed hourly rate (or failing agreement, at the rate specified by us) plus GST; 4.6.2 we act impartially at all times in providing such services; 4.6.3 you release and hold us harmless from any liability for any Claim which you or anyone else may bring for any Loss arising out of or in partany way connected with our Services provided for the purpose of, or arising due to the outcome of, the legal matter, dispute or court proceedings; 4.6.4 when we act as single, or jointly or court appointed, expert witness, we do not act as your advocate. At all times, we will comply with the requirements of all relevant court rules or procedures and our paramount duty, which overrides any duty to you or any party to the proceedings or other person retaining us, is to assist the court impartially on matters relevant to the area of our expertise; and 4.6.5 if we are instructed jointly to provide an expert opinion or assessment, each instructing party (separately and jointly) to assess indemnifies us against all Claims by either instructing party or make decisions aboutanyone claiming under or through either instructing party, arising out of or in any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If way connected with the Services comprise a desktop or kerbside assessment of any kind Valuation or you have instructed Deliverable provided by us not to undertake a full external and internal inspectionunder this Agreement, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property being valued and you accept the inherent risk of inaccuracy arising therefrom (including, except to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guideline). 4.7 If the Service comprises a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant property when preparing the Virtual Valuation and determining the market value of the property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without inspection of a property there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 the Virtual Valuation may not fully comply with the ABFI Standing Instructions and any non- compliance with the ABFI Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreementfraudulent.

Our Valuations. 4.1 Our Valuations are Any Valuation or Deliverable is prepared solely for you (and any other person expressly specified in the Letter or Valuation Request) to use for the Permitted Purpose. You are not authorised to use a the Valuation or Deliverable for any purpose other purpose than the Permitted Purpose without our prior written consent. We do not accept a duty of care to any other person and you agree to the Valuation that we specifically disclaiming disclaim legal responsibility to any other person that might read the Valuation. In the event that you wish to provide them. 4.2 You must not disclose a copy of the Valuation or any Deliverable to any third partyparty (other than disclosure that is necessary for the conduct of the dispute or court proceedings in respect of which these Services are provided), including any financier, for any reason, before any disclosure occurs, unless you must first obtain our consent to disclosure of the report being made, and if consent is given in writing (which remains we may give or withhold at our discretion and which may be given with extra conditions), you must (i) provide a copy of this Agreement to the third party, (ii) obtain a signed deed poll from the third party acknowledging that it will not rely on the Valuation for any purpose and releases us from any liability (including negligence), and (iii) provide us with the original signed deed. 4.2 4.3 You indemnify us against for and in respect of any Loss we may suffer or incur in respect of any Claim or action by a third party that arises as a result of our Services or any use or distribution of of, or reliance on, a Valuation or Deliverable to a third party (even if we consented to the provision of the Valuation or Deliverable to that party or their reliance thereonparty). Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Valuation or Deliverable by any third party: 4.2.1 You 4.3.1 you will ensure that we can enforce the protections afforded to us under or out of this Agreement (and including, in particular clause 11) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and 4.2.2 Without 4.3.2 without limiting the foregoing, you acknowledge and agree, and will do all things necessary to place us in a position so thatthat clause 11.1 (or if relevant, the limitation in clauses 11.1 and 11.2 apply clause 11.2) applies so as to limit our liability to you and/or to that third party, severally and/or collectivelyjointly, on an aggregate basis. 4.3 A Valuation is current at the date of the Valuation only. The value of a property, premises or asset may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property, premises or asset). As such, you release us from any liability for Claim or Loss arising from such subsequent changes in value or where the valuation is relied upon more than 90 days after the date of the valuation, provided always that the 90 day period does not guarantee the value for that period; it always remains a valuation at the date of valuation only. 4.4 Our Valuations and Deliverables will contain certain assumptions, qualifications, limitations and disclaimers (Notices). You agree that it These Notices form part of this Agreement. It is your responsibility to become be aware of these Notices and to ensure that the Valuations and Deliverables are only used in the context of, and subject to, such Notices. 4.5 You acknowledge and agree that our ValuationsServices, including the Valuations and Deliverables: 4.5.1 cannot be relied upon considered or used as advice about as to taxation, investment or financial strategy nor considered to can they be viewed or used as legal or accounting advice; and/or; 4.5.2 advice as to any contamination, earthquake resistance or weather tightness of a property; 4.5.3 to be, or to include, any site survey, environmental audit or cultural heritage audit in respect of a property being valued; 4.5.4 are not a recommendation to take or not take any particular course or of action in respect of a transaction transaction, or investment opportunity, and will not be relied upon (in whole or in part) to assess or make decisions about, any private placement, capital raising or securities offering of any kind whatsoever. 4.6 If When our Services (including any Valuation or Deliverable) are requested, used or relied upon in connection with a legal matter, a dispute (including threatened or commenced litigation), a complaint (including an investigation of a complaint on behalf of NZIV) or a court action, you agree to the following: 4.6.1 in addition to payment of the Fees, you will pay for our time spent consulting with you in respect of the matter or in preparing for, and attending at, any hearing or court appearance (or any preparatory conference or other meeting in anticipation of a hearing or court appearance), at an agreed hourly rate (or failing agreement, at the rate specified by us) plus GST; 4.6.2 we act impartially at all times in providing such services; 4.6.3 you release and hold us harmless from any liability for any Claim which you or anyone else may bring for any Loss arising out of or in any way connected with our Services provided for the purpose of, or arising due to the outcome of, the legal matter, investigation, dispute or court proceedings; 4.6.4 when we act as single, or jointly or court appointed, expert witness, we do not act as your advocate. At all times, we will comply with the requirements of all relevant court rules or procedures and our paramount duty, which overrides any duty to you or any party to the proceedings or other person retaining us, is to assist the court impartially on matters relevant to the area of our expertise; and 4.6.5 if we are instructed jointly to provide an expert opinion or assessment, each instructing party (separately and jointly) indemnifies us against all Claims by either instructing party or anyone claiming under or through either instructing party, arising out of or in any way connected with the Services comprise a desktop or kerbside assessment of any kind Valuation or you have instructed Deliverable provided by us not to undertake a full external and internal inspectionunder this Agreement, you hereby provide your written agreement to our non- inspection and/or partial inspection of the relevant property being valued and you accept the inherent risk of inaccuracy arising therefrom (including, except to the extent relevant to the particular valuation, any risk or risk allocation noted in any applicable API memorandum or guideline)that we are fraudulent. 4.7 If the Service comprises our Services include a Virtual Valuation, you acknowledge and agree that: 4.7.1 we will not undertake a physical inspection of the relevant property when preparing the Virtual Valuation and determining the market value of the property. We will form our opinion of value based upon one or more of the following sources: information provided by the property owner or occupant or other third party such as a real estate agent; information already known to the Valuer due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; 4.7.2 when a Valuation is completed without inspection of a property there is some inherent risk of diminished accuracy as the Valuer has not personally confirmed the building area, accommodation or features and condition of any improvements or essential repairs. You understand the risks inherent in the Valuer not undertaking a physical inspection; 4.7.3 the Virtual Valuation may not fully comply with the ABFI certain Standing Instructions and any non- compliance with the ABFI Standing Instructions will not be considered a failure to meet any relevant obligations or service levels set out in this Agreement.