Common use of Personal Property Securities Act Clause in Contracts

Personal Property Securities Act. (PPSA) 15.1. If one Party (the "Secured Party") determines that the Contract (or a transaction in connection with it) is or contains a Security Interest, the other Party (the "Grantor") agrees to promptly do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which is reasonably requested by the Secured Party and which is reasonably necessary for the purposes of: a) ensuring that the Security Interest is enforceable, perfected (including, where possible, by "control" (as defined in the PPSA) in addition to registration) and otherwise effective; or b) enabling the Secured Party to apply for any registration, or give any notification, in connection with the Security Interest so that the Security Interest has the priority required by the Secured Party; or c) enabling the Secured Party to exercise rights in connection with the Security Interest, but only to the extent of the Security Interest created. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of any change to its name, or any other information which might affect the details recorded in any Financing Statement registered by the Secured Party; b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do under this clause 13 is at that Party’s expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party in relation to registering, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3. The parties agree that to the extent they may be excluded by law: a) sections 142 and 143 of the PPSA are excluded and the Secured Party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the Grantor by the Secured Party after the date of the Contract; and b) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135). This clause applies despite any other clause in the Contract.

Personal Property Securities Act. (PPSA) 15.1. If one Party a) Each party (as Grantor) must co-operate with the "other party (as Secured Party") determines to assist the Secured Party to register financing statements under the PPSA in respect of each PPSA Security Interest granted by the Grantor under this agreement and the Grantor agrees to, at such times as may be requested by a Secured Party to maintain any priority that can be obtained by registration at that time and as reasonably required by the Contract (or a transaction in connection with it) is or contains a Security InterestSecured Party, the other Party (the "Grantor") agrees to promptly do anything (such as obtaining obtain consents, signing sign and producing produce documents, getting get documents completed and signed signed, and supplying information) supply information which is reasonably requested by the Secured Party asks for and which is considers reasonably necessary for the purposes of: a) ensuring that the Security Interest is enforceable, perfected (including, where possible, by "control" (as defined in the PPSA) in addition to registration) and otherwise effective; or b) of enabling the Secured Party to apply for any registration, or give any notification, in connection with the Security Interest so that the Security Interest has the priority security interest. Unless otherwise agreed by all parties, no party is required by the Secured Party; or c) enabling the to assist a Secured Party to exercise rights perfect its PPSA Security Interest under the PPSA by any means other than registration of such financing statements. (b) Despite any other clause in this agreement or in any transaction in connection with the Security Interestthis agreement, but only each party agrees that, to the extent permitted by Applicable Law: (i) for the purposes of sections 115(1) and 115(7) of the Security Interest created. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of any change to its name, or any other information which might affect the details recorded in any Financing Statement registered by the Secured Party; b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do under this clause 13 is at that Party’s expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party in relation to registering, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3. The parties agree that to the extent they may be excluded by law: a) PPSA: B. sections 142 and 143 of the PPSA are excluded and excluded; (ii) for the purposes of s115(7) of the PPSA, the Secured Party need not comply with sections 132 and 137(3) of the following PPSA in relation to this agreement (or any transaction in connection with it); and (iii) if the PPSA is amended after the Execution Date to permit the Grantor and the Secured Party to exclude other provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the Grantor by and the Secured Party after may agree in writing not to comply with any of those provisions in relation to this agreement (or any transaction in connection with it). (c) To the date of extent permitted by Applicable Law, the Contract; andGrantor waives its rights to receive: b(i) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135including a notice of a verification statement in relation to security interests under this agreement (or any transaction in connection with it). This clause applies despite ; and (ii) any notice, or lapse of time, that is required by any other law before a Secured Party or Receiver exercises a right, power or remedy under this agreement (or any transaction in connection with it), however, nothing in this clause in prohibits the ContractSecured Party or any Receiver from giving a notice under the PPSA or any other Applicable Law. (d) Everything that a party is required to do under this clause 31 is at that party’s expense.

Personal Property Securities Act. (PPSA) 15.115.1 This clause has effect despite any other provision of this Agreement. If one Party (the "Secured Party") determines that the Contract (or a transaction in connection with it) is or contains a Security Interest, the other Party (the "Grantor") agrees to promptly do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which is reasonably requested by the Secured Party and which is reasonably necessary for the purposes of: a) ensuring that the Security Interest is enforceable, perfected (including, where possible, by "control" (as A term defined in the PPSAPPS Law has the same meaning when used in this clause 15.2 You agree: (a) that this Agreement creates a Security Interest in addition the Equipment and in any Proceeds arising from dealing with the Equipment; (b) to registrationnot create or register, or allow a third party to create or register, a Security Interest in the Equipment without our express written consent; (c) and otherwise effectivethat we need not comply with any provision of the PPS Act that the parties may contract out of in relation to the Equipment or the Security Interest; and (d) to take any action, obtain any consents, produce any documents or do any other thing as reasonably required by us in order to: (i) ensure that this Agreement or any Security Interest arising under this Agreement is enforceable; (ii) register, protect, perfect, record or better secure our position in respect of this Agreement under PPS Law; (iii) preserve our priority position as contemplated by this Agreement; or (iv) overcome any defect or adverse effect arising from the PPS Law. 15.3 You consent that: (a) we may register our Security Interest on the PPSR in any manner we consider appropriate; (b) enabling unless the Secured Party obligation to apply for do so cannot be lawfully excluded, we are not obliged to give any registrationnotice or statement or to provide copies of any documents required under the PPS Law (including notice of a verification statement); and, (c) we may take all such steps as we consider advisable to register, protect, perfect, record, or give better secure our position or any notification, in connection with the Security Interest so that in respect of this Agreement under the Security Interest has PPS Law. 15.4 The parties agree not to disclose any information of the priority kind described in section 275(1) of the PPS Act without the other party’s consent, unless: (a) any of the things specified in section 275(7)(b) to (e) of the PPS Act occurs; (b) disclosure is required by the Secured Partylaw or regulation; or (c) enabling the Secured Party disclosure is required by an assignee or undisclosed principal. 15.5 You agree to exercise rights in connection with the Security Interest, but only reimburse us on demand for any costs which we incur relating to the extent registration, perfection or enforcement of the our Security Interest created. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of in the Equipment and any change to its nameproceeds, or any other information and that anything which might affect the details recorded in any Financing Statement registered by the Secured Party; b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to you must do under this clause 13 15 is at that Party’s your expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party in relation to registering, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3. The parties agree that to the extent they may be excluded by law: a) sections 142 and 143 of the PPSA are excluded and the Secured Party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the Grantor by the Secured Party after the date of the Contract; and b) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135). This clause applies despite any other clause in the Contract.

Personal Property Securities Act. (PPSA)a) Capitalised terms in this clause that are not otherwise defined elsewhere in these Terms, have the same meaning as set out in the PPSA unless the context otherwise requires. 15.1. If one Party (b) These Terms constitute a security agreement pursuant to the "Secured Party"PPSA in relation to the Products supplied by the Supplier to the Customer and any Products that will be supplied in the future by the Supplier to the Customer. (c) determines The Customer acknowledges and agrees that the Contract (or a transaction in connection with it) is or contains a Security Interest, the other Party (the "Grantor") agrees to promptly do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which is reasonably requested by the Secured Party and which is reasonably necessary for the purposes of: a) ensuring that the Security Interest is enforceable, perfected (including, where possible, by "control" (as that term is defined in the PPSA) in addition to registration) and otherwise effective; or b) enabling the Secured Party to apply for any registration, or give any notification, in connection with the Security Interest so that the Security Interest has the priority required by the Secured Party; or c) enabling the Secured Party to exercise rights in connection with the Security Interest, but only to the extent of the Security Interest created. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of any change to its name, or any other information which might affect the details recorded in any Financing Statement may be registered by the Secured Party; b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do under this clause 13 is at that Party’s expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party Supplier in relation to registeringthe Products and the Proceeds arising in respect of any dealing in the Products in accordance with the PPSA (and in any other manner the Supplier considers appropriate). (d) The Customer agrees to do all such things and sign all such documentation and/or provide any further information (such information to be complete accurate and up-to-date in all respects) as are necessary and reasonably required to enable the Supplier to: (i) acquire a perfected Security Interest in the Products and its Proceeds; (ii) register a Financing Statement or Financing Change Statement; (iii) ensure that the Supplier’s security position, maintaining or releasing and rights and obligations are not adversely affected by the PPSA. (e) The Customer waives its rights to receive a copy of any Security Interest, Verification Statement after the registration of a Financing Statement or Financing Change Statement in respect of the Security Interest created by these Terms. (f) The Customer agrees to not: (i) register a Financing Change Statement in respect of a Security Interest contemplated or giving any notice constituted by these Terms; or (ii) register or permit to be registered, a Financing Statement or a Financing Change Statement in relation to the Products in favour of a Security Interestthird party, without the Supplier’s prior written consent. 15.3. The (g) For the purposes of section 20(2) of the PPSA, the collateral is the Products. (h) If Chapter 4 of the PPSA would otherwise apply to the enforcement of the Security Interest(s) created under these Terms, the parties agree that to the extent they may be excluded by law: a) sections 142 and 143 of the PPSA are excluded and the Secured Party need not comply with the following provisions of the PPSA: PPSA will not apply or are waived, as the context requires: (i) section 95 (notice of removal of accession to the extent that it requires the Supplier to give a notice to the Customer); (ii) section 96 (retention of accession); (iii) section 121(4) (notice to grantor); (iv) section 125 (obligations to dispose of or retain collateral); (v) sections 95, 118, 121(4129(2), 125, 130, 129(3) and 130 (notice of disposal to the extent it requires the Supplier to give a notice to the Customer); (vi) section 132(3)(d) (contents of statement of account after disposal), ; (vii) section 132(4) and (statement of account if no disposal); (viii) section 135 (notice of retention); (ix) section 142 (redemption of collateral); and (x) section 143 (re-instatement of security agreement). (i) The Customer will not, without the prior written consent of the Supplier change its name, its details or initiate any change to any documentation registered under the PPSA pursuant to these Terms. (j) The Customer agrees that, until all monies owing to the Supplier are paid in full, it shall not sell or grant any other provision Security Interest in the Products or its Proceeds, without the prior written consent of the Supplier. (k) Unless otherwise agreed and to the extent permitted by the PPSA, the parties agree not to disclose information of the kind referred to in section 275(1) of the PPSA notified to the Grantor an Interested Person, or any other person requested by the Secured Party after the date of the Contract; and ban Interested Person. The Customer waives any right it may have, or but for this clause may have had, under section 275(7)(c) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA to authorise the disclosure of the above information. (except section 135). This clause applies despite l) If any other clause in provisions of these Terms are inconsistent with the ContractPPSA, the PPSA shall prevail to the extent of that inconsistency.

Personal Property Securities Act. (PPSA) 15.1. ‌ If one a Party (the "Secured Party") determines determines, acting reasonably, that the Contract this Agreement (or a any transfer or transaction in connection with it) is or contains a PPSA Security Interest, then the other Party (the "Grantor") agrees to promptly do anything such things (such as including obtaining consents, signing and producing documents, getting documents completed and signed and supplying necessary information) which is reasonably requested by the Secured first Party requests and which is are reasonably necessary for the purposes of: (a) ensuring that the PPSA Security Interest is enforceable, perfected (including, where possible, by "control" (as defined in the PPSA) in addition to registration) enforceable and otherwise effective; or; (b) enabling the Secured first Party to apply for any registration, or give any notification, in connection with the PPSA Security Interest so that the PPSA Security Interest has the priority required by the Secured first Party; orand (c) enabling the Secured first Party to exercise rights in connection with the Security Interest, but only to the extent of the PPSA Security Interest created. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of any change to its name, or any other information which might affect the details recorded in any Financing Statement registered by the Secured Party; b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do under this clause 13 is at that Party’s expense(subject to, and neither Party will be responsible for any costs or expenses incurred or payable by in accordance with, the other Party terms of this Agreement), in relation to registeringeach case, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3at the first Party's cost. The parties agree that to the extent they may be excluded by lawthat: a(d) sections 142 and 143 of the PPSA are excluded and the Secured Party excluded; (e) a party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the Grantor by the Secured 132(4); (f) no Party after the date of the Contract; and b) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135). This clause applies despite any other clause ; (g) except in the Contractcase of the exercise of any enforcement power which can only be exercised under the PPSA, where a party exercises an enforcement power under or in connection with PPSA Security Interest connected with this Agreement, that exercise is taken not to be an exercise of an enforcement power under the PPSA unless the relevant Party states otherwise at the time of exercise; and (h) if any dispute which is referred to dispute resolution under clause 6.5 relates to obligations of which the payment or performance is secured by a PPSA Security Interest referred to in clause Error! Reference source not found., the Party who is the secured party under that PPSA Security Interest: (i) shall not exercise any enforcement powers, whether under the PPSA or otherwise, in respect of that PPSA Security Interest (including without limitation any power to seize, dispose of, purchase or retain any property which is collateral under that PPSA Security Interest) without first completing the dispute resolution procedures set out in clause 38 (Dispute Resolution) in respect of that dispute; and (ii) in exercising those enforcement powers, may only do so: (A) subject to and in accordance with the terms of this Agreement and any relevant Transport policies, protocols or procedures relating to the security of, and access to, Transport Sites; and (B) in a manner that causes minimal disruption to Transport's Sites, Personnel and operations.

Personal Property Securities Act. (PPSA) 15.1. If one Party a) Each party (as Grantor) must co-operate with the "other party (as Secured Party") determines to assist the Secured Party to register financing statements under the PPSA in respect of each PPSA Security Interest granted by the Grantor under this agreement and the Grantor agrees to, at such times as may be requested by a Secured Party to maintain any priority that can be obtained by registration at that time and as reasonably required by the Contract (or a transaction in connection with it) is or contains a Security InterestSecured Party, the other Party (the "Grantor") agrees to promptly do anything (such as obtaining obtain consents, signing sign and producing produce documents, getting get documents completed and signed signed, and supplying information) supply information which is reasonably requested by the Secured Party asks for and which is considers reasonably necessary for the purposes of: a) ensuring that the Security Interest is enforceable, perfected (including, where possible, by "control" (as defined in the PPSA) in addition to registration) and otherwise effective; or b) of enabling the Secured Party to apply for any registration, or give any notification, in connection with the Security Interest so that the Security Interest has the priority security interest. Unless otherwise agreed by all parties, no party is required by the Secured Party; or c) enabling the to assist a Secured Party to exercise rights perfect its PPSA Security Interest under the PPSA by any means other than registration of such financing statements. (b) Despite any other clause in this agreement or in any transaction in connection with the Security Interestthis agreement, but only each party agrees that, to the extent permitted by Applicable Law: (i) for the purposes of sections 115(1) and 115(7) of the Security Interest created. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of any change to its name, or any other information which might affect the details recorded in any Financing Statement registered by the Secured Party; b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do under this clause 13 is at that Party’s expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party in relation to registering, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3. The parties agree that to the extent they may be excluded by law: a) PPSA: B. sections 142 and 143 of the PPSA are excluded and excluded; (ii) for the purposes of s115(7) of the PPSA, the Secured Party need not comply with sections 132 and 137(3) of the following PPSA in relation to this agreement (or any transaction in connection with it); and (iii) if the PPSA is amended after the Execution Date to permit the Grantor and the Secured Party to exclude other provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the Grantor by and the Secured Party after may agree in writing not to comply with any of those provisions in relation to this agreement (or any transaction in connection with it). (c) To the date of extent permitted by Applicable Law, the Contract; andGrantor waives its rights to receive: b(i) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135including a notice of a verification statement in relation to security interests under this agreement (or any transaction in connection with it). This clause applies despite ; and (ii) any notice, or lapse of time, that is required by any other law before a Secured Party or Receiver exercises a right, power or remedy under this agreement (or any transaction in connection with it), however, nothing in this clause in prohibits the ContractSecured Party or any Receiver from giving a notice under the PPSA or any other Applicable Law. (d) Everything that a party is required to do under this clause 33 is at that party’s expense.

Personal Property Securities Act. (For the purposes of this clause the terms used in this clause have the same meaning as contained in the PPSA) 15.1. If one Party (the "Secured Party") ASA determines that the Contract (or a transaction in connection with it) any Agreement is or contains a Security Interest, the other Party (the "Grantor") agrees to promptly do anything (such as obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which is reasonably requested by the Secured Party and which is reasonably necessary security interest for the purposes of: of the PPSA, the Customer must, at its cost and immediately upon ASA request: (a) ensuring that the Security Interest is enforceable, do all things reasonably required (including execution of documents) to ensure ASA has a continuously perfected (including, where possible, by "control" security interest (as defined in the PPSA) created in addition the Equipment pursuant to registrationany Agreement. This includes, but is not limited to: (i) and otherwise effectiveproviding details of any item of collateral sufficient to complete registration of the security interest in accordance with the requirements of the PPS legislation; or b(ii) enabling the Secured Party ASA to apply for any registration, registration of or give any notification, notification in connection with relation to the Security Interest so that the Security Interest has the priority required by the Secured Partysecurity interest; or c(iii) enabling the Secured Party ASA to exercise rights in connection with the Security Interest, but only relation to the extent security interest; (b) procure from any person considered by ASA to be relevant to its security position, such agreements and waivers as ASA may at any time require to ensure ASA attains the highest ranking security possible in respect of the security interest. In circumstances where Agreement constitutes a PPS Lease, ASA acknowledges that it is the grantor and ASA is the secured party holder of a Purchase Money Security Interest created. 15.2(“PMSI”) by virtue of the Hire Agreement and the PPSA. The Grantor agrees: a) Customer must not, except with ASA express written consent, allow to provide at least [10] business days? notice be, or be liable to become, perfected or attached in favour of any change to its nameperson, or any other information which might affect the details recorded a security interest in any Financing Statement registered of the Equipment, and whether to a provider of new value or otherwise. Where permitted by the Secured Party; b) not PPSA, the Customer waives any right to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do receive the notifications, verifications, disclosures or other documentation specified under this clause 13 is at that Party’s expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party in relation to registering, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3. The parties agree that to the extent they may be excluded by law: a) sections 142 and 143 of the PPSA are excluded and the Secured Party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) ), 135 and any other provision 157 of the PPSA. ASA and Customer agree to contact out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the PPSA notified shall apply to the Grantor Hire Agreement. To the extent permitted by the Secured Party after PPSA: (a) the provision of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on ASA will apply only to the extent that they are mandatory or ASA agrees to their application in writing; (b) where ASA has rights in addition to those in Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on ASA will apply only to the extent that they are mandatory or ASA to their application in writing; (b) where ASA has rights in addition to those in Chapter 4 of the PPSA, those right will continue to apply. For the purposes of section 275(6) of the PPSA, the parties agree and undertake that the Agreement and any information pertaining to the rental of the Equipment and details of the Equipment shall be kept confidential at all times. Neither party may disclose any information pertaining to the Agreement nor the rental of the Equipment, except as otherwise required by law or that is already in the public domain. The Customer hereby consents and appoints ASA to be an interested person and the Customer’s authorised representative for the purposes of section 275(9) of the PPSA. CUSTOMER RESTRUCTURE The Customer must notify ASA in writing of any change in its structure or management including any change in director, shareholder or management or change in partnership or trustee within 7 days of the date of the Contract; and b) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135). This clause applies despite any other clause in the Contractsuch change.

Personal Property Securities Act. (PPSA) 15.1. a) If one a Party (the "Secured Party") determines determines, acting reasonably, that the Contract this Agreement (or a any transfer or transaction in connection with it) is or contains a PPSA Security Interest, then the other Party (the "Grantor") agrees to promptly do anything such things (such as including obtaining consents, signing and producing documents, getting documents completed and signed and supplying necessary information) which is reasonably requested by the Secured first Party requests and which is are reasonably necessary for the purposes of: a(i) ensuring that the PPSA Security Interest is enforceable, perfected (including, where possible, by "control" (as defined in the PPSA) in addition to registration) enforceable and otherwise effective; or; b(ii) enabling the Secured first Party to apply for any registration, or give any notification, in connection with the PPSA Security Interest so that the PPSA Security Interest has the priority required by the Secured first Party; orand c(iii) enabling the Secured first Party to exercise rights in connection with the Security Interest, but only to the extent of the PPSA Security Interest created(subject to, and in accordance with, the terms of this Agreement), in each case, at the first Party's cost. 15.2. The Grantor agrees: a) to provide at least [10] business days? notice of any change to its name, or any other information which might affect the details recorded in any Financing Statement registered by the Secured Party; (b) not to change its place of business to a jurisdiction outside of Australia. c) everything that a Party is required to do under this clause 13 is at that Party’s expense, and neither Party will be responsible for any costs or expenses incurred or payable by the other Party in relation to registering, maintaining or releasing any Security Interest, Financing Statement or Financing Change Statement or giving any notice in relation to a Security Interest. 15.3. The parties agree that to the extent they may be excluded by lawthat: a(i) sections 142 and 143 of the PPSA are excluded and the Secured excluded; (ii) a Party need not comply with the following provisions of the PPSA: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and any other provision of the PPSA notified to the Grantor by the Secured 132(4); (iii) no Party after the date of the Contract; and b) neither the Secured Party nor any receiver need give any notice required under any provision of the PPSA (except section 135). This clause applies despite any other clause ; (iv) except in the Contractcase of the exercise of any enforcement power which can only be exercised under the PPSA, where a Party exercises an enforcement power under or in connection with PPSA Security Interest connected with this Agreement, that exercise is taken not to be an exercise of an enforcement power under the PPSA unless the relevant Party states otherwise at the time of exercise; and (v) if any Dispute which is referred to dispute resolution under clause 6.5 relates to obligations of which the payment or performance is secured by a PPSA Security Interest referred to in clause 6.6, the Party who is the secured party under that PPSA Security Interest: (A) shall not exercise any enforcement powers, whether under the PPSA or otherwise, in respect of that PPSA Security Interest (including without limitation any power to seize, dispose of, purchase or retain any property which is collateral under that PPSA Security Interest) without first completing the dispute resolution procedures set out in clause 38 (Dispute Resolution) in respect of that dispute; and (B) in exercising those enforcement powers, may only do so: (1) subject to and in accordance with the terms of this Agreement and any relevant Transport policies, protocols or procedures relating to the security of, and access to, Transport Sites; and (2) in a manner that causes minimal disruption to Transport's Sites, Personnel and operations.