Common use of PPS Law Clause in Contracts

PPS Law. 9.1 This clause applies to the extent that this Hire Agreement provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation. 9.2 If Swiftlift does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: (1) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or (2) a year in any other case. 9.3 Swiftlift may register its security interest in the Equipment. The Customer must do anything (such as obtaining consents and signing documents) which Swiftlift requires for the purposes of: (1) ensuring that Swiftlift’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (2) enabling Swiftlift to gain first priority (or any other priority agreed to by Swiftlift in writing) for its security interest; and (3) enabling Swiftlift to exercise rights in connection with the security interest. 9.4 The rights of Swiftlift under this document are in addition to and not in substitution for Swiftlift’s rights under other law (including the PPS Law) and Swiftlift may choose whether to exercise rights under other law, as it sees fit. To avoid any doubt about it Swiftlift security interest will attach to proceeds. 9.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession 9.6 The following provisions of the PPS Law; section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); confer rights on Swiftlift. Customer agrees that in addition to those rights, Swiftlift shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Hire Agreement and the Customer agrees that Swiftlift may do so in any manner it sees fit including (in respect of dealing an disposal) by private or public sale, lease or license. 9.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 9.8 Swiftlift and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Swiftlift the benefit of section 275(6)(a) and Swiftlift shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 9.9 Customer must not dispose or purport to dispose of, create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of Swiftlift. 9.10 Customer must not lease, hire, bail or give possession , or sub- hire the Equipment to anyone else unless Swiftlift (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Swiftlift and must be expressed to be subject to the rights of Swiftlift under this agreement. Customer may not vary a sub-hire without the prior written consent of Swiftlift (which may be withheld in its absolute discretion). 9.11 Customer must ensure that Swiftlift is provided at all times with up to date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 9.12 Customer must take all steps including registration under PPS Law as may be required to: (1) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (2)enabling the Customer to gain (subject always to the rights of Swiftlift) first priority (or any other priority agreed to by Swiftlift in writing) for the security interest; and

PPS Law. 9.1 16.1 This clause applies to the extent that this Hire Agreement Deed provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation. 9.2 16.2 If Swiftlift Stratquip does not have at Commencement of the Deed, a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: : (1a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or or (2b) a year in any other case. 9.3 Swiftlift 16.3 Stratquip may register its security interest in the Equipmentinterest. The Customer must do anything (such as obtaining consents and signing documents) which Swiftlift Stratquip requires for the purposes of: : (1a) ensuring that Swiftlift’s Stratquip’ security interest is enforceable, perfected and otherwise effective under the PPS Law; ; (2b) enabling Swiftlift Stratquip to gain first priority (or any other priority agreed to by Swiftlift Stratquip in writing) for its security interest; and and (3c) enabling Swiftlift Stratquip to exercise rights in connection with the security interest. 9.4 16.4 The rights of Swiftlift Stratquip under this document are in addition to and not in substitution for Swiftlift’s Stratquip’ rights under other law (including the PPS Law) and Swiftlift Stratquip may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Swiftlift Stratquip security interest will attach to proceeds. 9.5 16.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Stratquip to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Stratquip to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement). 9.6 16.6 The following provisions of the PPS Law; : section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on SwiftliftStratquip. Customer agrees that in addition to those rights, Swiftlift Stratquip shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Hire Agreement document and the Customer agrees that Swiftlift Stratquip may do so in any manner it sees fit including (in respect of dealing an and disposal) by private or public sale, lease or licenselicence. 9.7 16.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 9.8 Swiftlift 16.8 Stratquip and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Swiftlift Stratquip the benefit of section 275(6)(a275 (6)(a) and Swiftlift Stratquip shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 9.9 16.9 Customer must not dispose or purport to dispose of, of or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of SwiftliftStratquip. 9.10 16.10 Customer must not lease, hire, bail or give possession , or sub- hire (‘sub-hire’) of the Equipment to anyone else unless Swiftlift Stratquip (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Swiftlift Stratquip and must be expressed to be subject to the rights of Swiftlift Stratquip under this agreement. Customer may not vary a sub-hire without the prior written consent of Swiftlift Stratquip (which may be withheld in its absolute discretion). 9.11 16.11 Customer must ensure that Swiftlift Stratquip is provided at all times with up to up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 9.12 16.12 Customer must take all steps including registration under PPS Law as may be required to: : (1a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; ; (2)enabling b) enabling the Customer to gain (subject always to the rights of SwiftliftStratquip) first priority (or any other priority agreed to by Swiftlift Stratquip in writing) for the security interest; and (c) enabling Stratquip and the Customer to exercise their respective rights in connection with the security interest. 16.13 To assure performance of its obligations under this agreement, the Customer hereby gives Stratquip an irrevocable power of attorney to do anything Stratquip considers the Customer should do under this agreement. Stratquip may recover from Customer the cost of doing anything under this clause 5, including registration fees.

PPS Law. 9.1 6.1 This clause applies to the extent that this Hire Agreement Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation. 9.2 6.2 If Swiftlift Chase’n Hire does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: : (1a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or or (2b) a year in any other case. 9.3 Swiftlift 6.3 Chase’n Hire may register its security interest in the Equipmentinterest. The Customer must do anything (such as obtaining consents and signing documents) which Swiftlift Xxxxx’x Hire requires for the purposes of: : (1a) ensuring that Swiftlift’s Chase’n Hire security interest is enforceable, perfected and otherwise effective under the PPS Law; ; (2b) enabling Swiftlift Chase’n Hire to gain first priority (or any other priority agreed to by Swiftlift Xxxxx’x Hire in writing) for its security interest; and and (3c) enabling Swiftlift Xxxxx’x Hire to exercise rights in connection with the security interest. 9.4 6.4 The rights of Swiftlift Xxxxx’x Hire under this document are in addition to and not in substitution for Swiftlift’s Chase’n Hire rights under other law (including the PPS Law) and Swiftlift Chase’n Hire may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Swiftlift Xxxxx’x Hire security interest will attach to proceeds. 9.5 6.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Chase’n Hire to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Chase’n Hire to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re- instatement of security agreement). 9.6 6.6 The following provisions of the PPS Law; : section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on SwiftliftChase’n Hire. Customer agrees that in addition to those rights, Swiftlift Xxxxx’x Hire shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Hire Agreement document and the Customer agrees that Swiftlift Xxxxx’x Hire may do so in any manner it sees fit including (in respect of dealing an and disposal) by private or public sale, lease or licenselicence. 9.7 6.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 9.8 Swiftlift 6.8 Chase’n Hire and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Swiftlift Chase’n Hire the benefit of section 275(6)(a275 (6)(a) and Swiftlift Chase’n Hire shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-sub- clause. 9.9 6.9 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of SwiftliftChase’n Hire. 9.10 6.10 Customer must not lease, hire, bail or give possession , or sub- hire (‘sub-hire’) of the Equipment to anyone else unless Swiftlift Chase’n Hire (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Swiftlift Chase’n Hire and must be expressed to be subject to the rights of Swiftlift Xxxxx’x Hire under this agreement. Customer may not vary a sub-hire without the prior written consent of Swiftlift Chase’n Hire (which may be withheld in its absolute discretion). 9.11 6.11 Customer must ensure that Swiftlift Chase’n Hire is provided at all times with up to up-to- date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 9.12 6.12 Customer must take all steps including registration under PPS Law as may be required to: (1to:(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (2)enabling Law;(b) enabling the Customer to gain (subject always to the rights of SwiftliftChase’n Hire) first priority (or any other priority agreed to by Swiftlift Xxxxx’x Hire in writing) for the security interest; andand(c) enabling Chase’n Hire and the Customer to exercise their respective rights in connection with the security interest. 6.13 To assure performance of its obligations under this agreement, the Customer hereby gives Xxxxx’x Hire an irrevocable power of attorney to do anything Chase’n Hire considers the Customer should do under this agreement. Xxxxx’x Hire may recover from Customer the cost of doing anything under this clause, including registration fees

PPS Law. 9.1 6.1 This clause applies to the extent that this Hire Agreement Contract provides for a ‘security interest’ for the purposes of the Personal Property Securities Xxx 0000 Act 2009 (Cth) (“PPS Law”). References to PPS Law in this agreement include references to amended, replacement and successor provisions or legislation. 9.2 6.2 If Swiftlift Chase’n Hire does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period Period, (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: : (1a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or or (2b) a year in any other case. 9.3 Swiftlift 6.3 Chase’n Hire may register its security interest in the Equipmentinterest. The Customer must do anything (such as obtaining consents and signing documents) which Swiftlift Xxxxx’x Hire requires for the purposes of: : (1a) ensuring that Swiftlift’s Xxxxx’x Hire security interest is enforceable, perfected and otherwise effective under the PPS Law; ; (2b) enabling Swiftlift Xxxxx’x Hire to gain first priority (or any other priority agreed to by Swiftlift Chase’n Hire in writing) for its security interest; and and (3c) enabling Swiftlift Xxxxx’x Hire to exercise rights in connection with the security interest. 9.4 6.4 The rights of Swiftlift Xxxxx’x Hire under this document are in addition to and not in substitution for Swiftlift’s Chase’n Hire rights under other law (including the PPS Law) and Swiftlift Chase’n Hire may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Swiftlift Xxxxx’x Hire security interest will attach to proceeds. 9.5 6.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Chase’n Hire to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Chase’n Hire to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re- instatement of security agreement). 9.6 6.6 The following provisions of the PPS Law; : section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on SwiftliftChase’n Hire. Customer agrees that in addition to those rights, Swiftlift Xxxxx’x Hire shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Hire Agreement document and the Customer agrees that Swiftlift Xxxxx’x Hire may do so in any manner it sees fit including (in respect of dealing an and disposal) by private or public sale, lease or licenselicence. 9.7 6.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 9.8 Swiftlift 6.8 Chase’n Hire and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to Swiftlift Chase’n Hire the benefit of section 275(6)(a275 (6)(a) and Swiftlift Chase’n Hire shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-sub- clause. 9.9 6.9 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of SwiftliftChase’n Hire. 9.10 6.10 Customer must not lease, hire, bail or give possession , or sub- hire (‘sub-hire’) of the Equipment to anyone else unless Swiftlift Chase’n Hire (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Swiftlift Chase’n Hire and must be expressed to be subject to the rights of Swiftlift Xxxxx’x Hire under this agreement. Customer may not vary a sub-hire without the prior written consent of Swiftlift Chase’n Hire (which may be withheld in its absolute discretion). 9.11 6.11 Customer must ensure that Swiftlift Chase’n Hire is provided at all times with up to up-to- date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 9.12 6.12 Customer must take all steps including registration under PPS Law as may be required to: (1to:(a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; (2)enabling Law;(b) enabling the Customer to gain (subject always to the rights of SwiftliftChase’n Hire) first priority (or any other priority agreed to by Swiftlift Xxxxx’x Hire in writing) for the security interest; andand(c) enabling Chase’n Hire and the Customer to exercise their respective rights in connection with the security interest. 6.13 To assure performance of its obligations under this agreement, the Customer hereby gives Xxxxx’x Hire an irrevocable power of attorney to do anything Chase’n Hire considers the Customer should do under this agreement. Xxxxx’x Hire may recover from Customer the cost of doing anything under this clause, including registration fees

PPS Law. 9.1 8.1 This clause applies to the extent that this Hire Agreement Contract provides for fro a ‘security interest’ interest ’for the purposes purpose of the Personal Property Securities Xxx 0000 (Cth) (“PPS LawCth)(“PPS LAW”). References to PPS Law in this agreement include references to amendedamend, replacement and successor provisions provision or legislation. 9.2 8.2 If Swiftlift IFE Forklifts does not have at Commencement a PPS Law registration ensuring a perfected first priority security interest in the Equipment, the Hire Period (including any extension of the Hire Period or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not despite anything else in this document or any Hire Schedule be longer than: : (1a) 90 days in the case of Equipment which may or must be described by serial number in a PPS Law registration; or or (2b) a year in any other case. 9.3 Swiftlift 8.3 IFE Forklifts may register its security interest in the Equipmentinterest. The Customer customer must do anything (such as obtaining consents and signing documents) which Swiftlift IFE Forklifts requires for the purposes purpose of: : (1a) ensuring that SwiftliftIFE Forklift’s security interest is enforceable, perfected and otherwise effective under the PPS Law; ; (2b) enabling Swiftlift IFE Forklifts to gain first priority property (or any other priority agreed to by Swiftlift IFE Forklifts in writing) for its security interest; and and (3c) enabling Swiftlift IFE Forklifts to exercise rights in connection with the security interest. 9.4 8.4 The rights of Swiftlift IFE Forklifts under this document are in addition to and not in substitution for SwiftliftIFE Forklift’s rights under other law (including the PPS Law) and Swiftlift IFE Forklifts may choose whether to exercise rights under this document, and/or under such other law, as it sees fit. To avoid any doubt about it Swiftlift IFE Forklifts security interest will attach to proceeds. 9.5 8.5 To the extent that Chapter 4 of PPSA applies to any security interest under this agreement, the following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires IFE Forklifts to give a notice to the Customer); section 96 (retention of accession); section121(4) (notice to grantor); section125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires IFE Forklifts to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement). 9.6 8.6 The following provisions of the PPS Law; : section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on SwiftliftIFE Forklifts. Customer agrees that in addition to those rights, Swiftlift IFE Forklifts shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Hire Agreement document and the Customer agrees that Swiftlift IFE Forklifts may do so in any manner it sees fit including (in respect of dealing an and disposal) by private or public sale, lease or licenselicence. 9.7 8.7 The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law. 9.8 Swiftlift 8.8 IFE Forklifts and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this sub-sub- clause is made solely for the purpose of allowing to Swiftlift IFE Forklifts the benefit of section 275(6)(a275 (6)(a) and Swiftlift IFE Forklifts shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause. 9.9 8.9 Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the Equipment other than with the express written consent of SwiftliftIFE Forklifts. 9.10 8.10 Customer must not lease, hire, bail or give possession , or sub- hire (‘sub-hire’) of the Equipment to anyone else unless Swiftlift IFE Forklifts (in its absolute discretion) first consents in writing. Any such sub-hire must be in writing in a form acceptable to Swiftlift IFE Forklifts and must be expressed to be subject to the rights of Swiftlift IFE Forklifts under this agreement. Customer may not vary a sub-hire without the prior written consent of Swiftlift IFE Forklifts (which may be withheld in its absolute discretion). 9.11 8.11 Customer must ensure that Swiftlift IFE Forklifts is provided at all times with up to up-to-date information about the sub-hire including the identity of the sub-hirer, the terms of and state of accounts and payment under the sub-hire and the location and condition of the Equipment. 9.12 8.12 Customer must take all steps including registration under PPS Law as may be required to: : (1a) ensure that any security interest arising under or in respect of the sub-hire is enforceable, perfected and otherwise effective under the PPS Law; ; (2)enabling b) enabling the Customer to gain (subject always to the rights of SwiftliftIFE Forklifts) first priority (or any other priority agreed to by Swiftlift IFE Forklifts in writing) for the security interest; and (c) enabling IFE Forklifts and the Customer to exercise their respective rights in connection with the security interest. 8.13 To assure performance of its obligations under this agreement, the Customer hereby gives IFE Forklifts an irrevocable power of attorney to do anything IFE Forklifts considers the Customer should do under this agreement. IFE Forklifts may recover from Customer the cost of doing anything under this clause 5, including registration fees.