Common use of PPSA Clause in Contracts

PPSA. (a) The Client hereby grants to Powernet a security interest over the Equipment to secure the payment of any unpaid balance of the price of, and any other Fees relating to, the Equipment (Equipment Fees). Such security is a ‘purchase money security interest’ (PMSI) to the extent that it can be under section 14 of the PPSA. (b) The Client consents to Powernet registering a financing statement in the PPS Register in respect of the Security Interest so granted. (c) The Client must do anything (such as obtaining consents and signing documents) which Powernet require for the purposes of: (i) ensuring that Powernet’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (ii) enabling Powernet to gain first priority (or any other priority agreed to Powernet in writing) for Powernet’s security interest; and (iii) enabling Powernet to exercise rights in connection with the security interest. (d) The Client must not deal with (including dispose or create another security interest in) any Equipment without first obtaining the written consent of Powernet, until the Equipment Fees are paid in full. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under the Agreement or conferred by law without giving notice to the Client or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulated. (g) The Client waives the requirement for Powernet to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 of the PPSA. (h) To the extent that Chapter 4 of the PPSA would otherwise apply to enforcement by the secured party of any security interest in the Equipment, the parties agree that the following provisions of the PPSA are excluded: (i) to the extent permitted by section 115(1) of the PPSA: sections 125, 132(3)(d), 132(4), 142 and 143 of the PPSA; and (ii) to the extent permitted by section 115(7) of the PPSA: sections 132 and 137. (i) Powernet’s rights under the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreement, and/or under such law, as Powernet sees fit. (j) The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Client must do everything necessary on the Client’s part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing Powernet the benefit of section 275(6)(a) and Powernet shall not be liable to pay damages or any other compensation or be subject to injunction if Powernet breaches this clause. (k) Powernet may recover from the Client the cost of doing anything under this clause, including the registration fees and the costs notification.

PPSA. (a) The Client hereby grants to Powernet a security interest over the Equipment to secure the payment of any unpaid balance of the price ofIn this clause , and any other Fees relating to, the Equipment (Equipment Fees). Such security is a ‘purchase money “security interest’ (PMSI) to ”, “security agreement”, “grantor”, “secured party”, “financing statements”, “collateral”, “collateral class” and “verification statement” have the extent that it can be under section 14 of meaning given in the PPSA. (b) The Client consents to Powernet registering Supplier and Purchaser each acknowledge that: (i) the Agreement may create a financing statement security interest in favour of the other, being: (A) in the PPS Register in respect case of the Security Interest so grantedGoods and any proceeds of the Goods, a security interest with the Purchaser as grantor and the Supplier as secured party; (B) in the case of the Purchaser Supplied Materials (and any proceeds of the Purchaser Supplied Materials) and any Requested Patterns, a security interest with the Supplier as grantor and the Purchaser as secured party; (i) the Agreement constitutes a security agreement; and (ii) the other party may perfect its security interests by lodging one or more financing statements on the PPS Register, in each case under the collateral class “other goods” only and containing a description of the collateral that is satisfactory to the relevant grantor of that security interest (acting reasonably). (c) To the extent the law permits: (i) the Supplier and Purchaser each waives: (A) rights to receive any notice that is required by any provision of the PPSA (including a notice of a verification statement); and (B) any time period that must otherwise lapse under any law before the other party exercises a power given to it in relation to a security interest in favour of the other party. If the law which requires a period of notice or a lapse of time cannot be excluded, but the law provides that the period of notice or lapse of time may be agreed, that period or lapse is one day or the minimum period the law allows to be agreed (whichever is the longer); (ii) for the purposes of sections 115(1) and 115(7) of the PPSA: (A) no secured party must comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4) of the PPSA; and (B) sections 142 and 143 of the PPSA are excluded; (iii) for the purposes of section 115(7) of the PPSA, neither the Supplier and Purchaser must (in their capacity as a secured party) comply with sections 132 and 137(3) of the PPSA; and (iv) the Supplier and Purchaser each agrees (in its capacity as grantor of a security interest) not to exercise its rights to make any request of the relevant secured party under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section. (d) The Client must Supplier and Purchaser each agree (at its own cost) to promptly do anything (such as obtaining consents and signing documents) which Powernet require the other party requires (acting reasonably) for the purposes of: (i) ensuring that Powernetthe other party’s security interest is enforceable, perfected and otherwise effective under the PPS LawPPSA; (ii) enabling Powernet to gain first the other party to: (A) ensure that its security interest has the priority (or any other priority agreed to Powernet in writing) for Powernet’s security interestrequired by it; and (iiiB) enabling Powernet to exercise its rights under and in connection with the Agreement or its security interest. (d) The Client must not deal with (including dispose or create another security interest in) any Equipment without first obtaining the written consent of Powernet, until the Equipment Fees are paid in full. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under the Agreement or conferred by law without giving notice to the Client or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulated. (g) The Client waives the requirement for Powernet to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 of the PPSA. (h) To the extent that Chapter 4 of the PPSA would otherwise apply to enforcement by the secured party of any security interest in the Equipment, the parties agree that the following provisions of the PPSA are excluded: (i) to the extent permitted by section 115(1) of the PPSA: sections 125, 132(3)(d), 132(4), 142 and 143 of the PPSA; and (ii) to the extent permitted by section 115(7) of the PPSA: sections 132 and 137. (i) Powernet’s rights under the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreement, and/or under such law, as Powernet sees fit. (j) The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Client must do everything necessary on the Client’s part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing Powernet the benefit of section 275(6)(a) and Powernet shall not be liable to pay damages or any other compensation or be subject to injunction if Powernet breaches this clause. (k) Powernet may recover from the Client the cost of doing anything under this clause, including the registration fees and the costs notification.

PPSA. (a) The Client hereby grants to Powernet a security interest over the Equipment to secure the payment of any unpaid balance of the price of, and any other Fees relating to, the Equipment (Equipment Fees). Such security is a ‘purchase money security interest’ (PMSI) to the extent that it can be under section 14 of the PPSA. (b) The Client consents to Powernet registering a financing statement in the PPS Register in respect of the Security Interest so granted. (c) The Client must do anything (such as obtaining consents and signing documents) which Powernet require for the purposes of: (i) ensuring that Powernet’s security interest is enforceable, perfected and otherwise effective under the PPS Law; (ii) enabling Powernet to gain first priority (or any other priority agreed to Powernet in writing) for Powernet’s security interest; and (iii) enabling Powernet to exercise rights in connection with the security interest. (d) The Client must not deal with (including dispose or create another security interest in) any Equipment without first obtaining the written consent of Powernet, until the Equipment Fees are paid in full. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under the Agreement or conferred by law without giving notice to the Client or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulated. (g) The Client waives the requirement for Powernet to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 of the PPSA. (h) To the extent that 10.1 If Chapter 4 3 of the PPSA would otherwise apply to the enforcement by the secured party of any security interest in the Equipmenta Security Interest arising out of this Contract, the parties agree that: 10.1.1 to the extent that section 115(1) of the PPSA allows this, that the following provisions of the PPSA are excludedwill not apply to the enforcement of that security interest: (ia) Section 95 (notice of removal of accession), to the extent permitted by section 115(1that it requires us to give notice to you; (b) Section 96 (when a person with an interest in the whole may retain an accession); (c) Section 125 (obligation to dispose of the PPSA: sections 125, 132(3)(dor retain collateral); (d) Section 130 (notice of disposal), 132(4to the extent that it requires us to give a notice to you; (e) Section 132 (3)(d) (contents of statement of account after disposal), ; (f) Section 132 (4) (statement of account if no disposal); (g) Section 142 and 143 (redemption of the PPSAcollateral); and (iih) Section 143 (reinstatement of security agreement); and 10.1.2 to the extent permitted by that section 115(7) of the PPSA: sections 132 and 137. (i) Powernet’s rights under PPSA allows this, that the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreement, and/or under such law, as Powernet sees fit. (j) The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Client must do everything necessary on the Client’s part to ensure that section 275(6)(a) following provisions of the PPSA continues will not apply to apply. The agreement in this sub-clause is made solely the enforcement of that Security Interest: (a) Section 127 (seizure by higher priority parties – notice); (b) Sections 129 (2) and (3) (disposal by purchase); (c) Section 132 (secured party to give statement of account); (d) Section 134 (2) (proposal of secured party to retain collateral); (e) Section 135 (notice of retention of collateral); (f) Section 136 (3), (4) AND (5) (retaining collateral free of interest); and (g) Section 137 (persons entitled to notice may object to proposal). 10.2 Notice or documents required or permitted to be given to Big Chief Hire for the purpose of allowing Powernet the benefit PPSA must be given in accordance with the PPSA. 10.3 Without limiting any other provision of section 275(6)(athis Contractor, the Customer consents to Big Chief Hire effecting a registration on the PPSR (in any manner Big Chief Hire considers appropriate) in relation to any Security Interest arising under or in connection with or contemplated by this Contract and Powernet shall the Customer agrees to provide all assistance reasonably required to facilitate this. 10.4 The Customer waives the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be liable excluded. 10.5 If the Customer makes a payment to pay damages Big Chief Hire at any time whether in connection with this Contract or any other compensation or be otherwise Big Chief Hire may, at its absolute discretion, apply that amount as it sees fit. Without limiting the foregoing, Big Chief Hire may, at its absolute discretion, apply that payment to: 10.5.1 first, satisfy obligations that are not secured; 10.5.2 second, satisfy obligations that are secured, but not by a PMSI; 10.5.3 third, satisfy obligations that are secured by a PMSI for those obligations and using proceeds from the sale of the collateral subject to injunction if Powernet breaches this clausethat PMSI; and 10.5.4 fourth, satisfy obligations that are secured by a PMSI using funds or proceeds from any source. (k) Powernet may recover from the Client the cost of doing anything under this clause, including the registration fees and the costs notification.

PPSA. (a) The Client hereby grants <Security Provider> may register a financing statement or financing change statement in relation to Powernet a security interest over the Equipment to secure the payment of any unpaid balance of the price of, and any other Fees relating to, the Equipment (Equipment Fees). Such security is a ‘purchase money security interest’ (PMSI) to the extent that it can be Security Interest created by this Service Agreement under section 14 of the PPSA. (b) The Client consents to Powernet registering a financing statement in the PPS Register in respect of the Security Interest so granted. (c) The Client must do anything (such as obtaining consents <Counterparty> acknowledges and signing documents) which Powernet require agrees that it is liable for the purposes ofall costs, charges and expenses incurred by <Service Provider>: (i) ensuring that Powernet’s security interest is enforceablein preparing and registering a financing statement or a financing change statement in relation to any Security Interest created by this Service Agreement, perfected and otherwise effective under the PPS Law;PPSA; and (ii) enabling Powernet in responding to gain first priority (or requests for information about any other priority agreed to Powernet in writing) for Powernet’s security interest; and (iii) enabling Powernet to exercise rights in connection with the security interest. (d) The Client must not deal with (including dispose or create another security interest in) any Equipment without first obtaining the written consent of PowernetSecurity Interest created by this Service Agreement, until the Equipment Fees are paid in full. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under the Agreement or conferred by law without giving notice to the Client or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulated. (g) The Client waives the requirement for Powernet to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 Part 8.4 of the PPSA. (hc) To the extent that If Chapter 4 of the PPSA would otherwise apply to the enforcement by of a Security Interest arising out of this Service Agreement, to the secured party extent the law permits, <Counterparty> and <Service Provider> agree that: (i) for the purposes of any security interest in sections 115(1) and 115(7) of the Equipment, the parties agree that the following provisions PPSA; B. sections 142 and 143 of the PPSA are excluded: (i) to the extent permitted by section 115(1) of the PPSA: sections 125, 132(3)(d), 132(4), 142 and 143 of the PPSA; and (ii) to for the extent permitted by purposes of section 115(7) of the PPSA: , <Service Provider> need not comply with sections 132 and 137. (i) Powernet’s rights under the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreement, and/or under such law, as Powernet sees fit. (j) The parties agree not to disclose information of the kind that can be requested under section 275(1137(3) of the PPSA. The Client must do everything necessary on (d) <Counterparty> waives the Client’s part right to ensure that section 275(6)(a) of receive any notice under the PPSA continues to apply. The agreement in this sub-clause (including notice of a verification statement) unless the notice is made solely for required by the purpose of allowing Powernet the benefit of section 275(6)(a) PPSA and Powernet shall cannot be liable to pay damages or any other compensation or be subject to injunction if Powernet breaches this clauseexcluded. (ke) Powernet may recover from If <Service Provider> exercises a right, power or remedy in connection with this Service Agreement, that exercise is taken not to be an exercise of a right, power or remedy under the Client PPSA unless <Service Provider> states otherwise at the cost time of doing anything exercise. However, this clause 16.3(e) does not apply to a right, power or remedy which can only be exercised under this clause, including the registration fees and the costs notificationPPSA.

PPSA. (a) The Client hereby grants In this clause 4.7: (i) the following terms have the meaning given to Powernet a security interest over them in the Equipment to secure PPSA: Contract Document, Financing Change Statement, Financing Statement, Security Agreement, Security Interest and Verification Statement; and (ii) PPS Register means the payment of any unpaid balance of the price of, and any other Fees relating to, the Equipment (Equipment Fees). Such security is a ‘purchase money security interest’ (PMSI) to the extent that it can be Personal Property Securities Register established under section 14 147 of the PPSA. (b) The Client consents to Powernet registering Contractor acknowledges and agrees that: (i) the Contract may constitute a financing statement Security Agreement; and (ii) the Contract may create a Security Interest in favour of the Principal with the Contractor as grantor including in relation to: A. any and all goods, materials, components and other things (whether fixed of unfixed) intended for use in the PPS Register in respect Works which are located on Site or off Site; B. all construction plant, temporary works and other things on Site or off Site as are used by the Contractor and or any Subcontractors; C. the benefit of any Subcontracts or other contract which the Security Interest so granted.Principal requires to be novated to the Principal or the Principal's nominee; and (c) The Client must do anything (such as obtaining Contractor consents and signing documents) which Powernet require for to the purposes of: (i) ensuring that Powernet’s security interest is enforceable, perfected and otherwise effective under Principal registering the Principal's Security Interest over the Collateral on the PPS Law; (ii) enabling Powernet Register and must ensure that each Subcontractor consents to gain first priority (or any other priority agreed to Powernet the Principal registering the Principal's Security Interest in writing) for Powernet’s security interest; and (iii) enabling Powernet to exercise rights in connection with the security interestCollateral against them, where applicable. (d) The Client must not deal with Contractor undertakes to promptly sign any further documents and provide any further information (including dispose such information to be complete, accurate and up-to date in all respects) which the Principal may reasonably require to: (i) register a Financing Statement or create another security interest inFinancing Change Statement on the PPS Register in relation to a Security Interest over the Collateral; (ii) register any Equipment without first obtaining other document on the written consent of Powernet, until PPA Register which is necessary to perfect the Equipment Fees are paid Principal's Security Interest over the Collateral; or (iii) correct a defect in fullany Contract Document. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under The Principal and the Agreement or conferred by law without giving notice to the Client or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulated. (g) The Client waives the requirement for Powernet to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 of the PPSA. (h) To the extent that Chapter 4 of the PPSA would otherwise apply to enforcement by the secured party of any security interest in the Equipment, the parties Contractor agree that the following provisions of the PPSA are excludedthat: (i) to the extent permitted by section 115(1) Law, the following provisions of the PPSAPPSA do not apply to this Contract: sections section 95; section 121(4); section 125, ; section 129; section 130; section 132(3)(d), ; section 132(4); section 135; section 142; and section 143; (ii) unless otherwise agreed to by the Principal, 142 and 143 the Contractor waives its right to receive a Verification Statement in accordance with section 157 of the PPSA; and (iiiii) to neither the extent permitted by section 115(7) of Principal nor the PPSA: sections 132 and 137. (i) Powernet’s rights under the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreement, and/or under such law, as Powernet sees fit. (j) The parties agree not to Contractor will disclose information of the kind mentioned in section 274(1) of the PPSA and the Contractor will not authorise, and will ensure that can be requested under no party authorises, the disclosure of such information, except where required by section 275(1275(7) of the PPSA. The Client must do everything necessary on the Client’s part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing Powernet the benefit of section 275(6)(a) and Powernet shall not be liable to pay damages or any other compensation or be subject to injunction if Powernet breaches this clause. (kf) Powernet may recover from To the Client extent the cost PPSA applies to any goods, materials or other items supplied by the Contractor to the Principal, the Contractor warrants that: (i) the supply of doing anything goods, materials or other items to the Principal does not breach any security agreement the Contractor has with a third party; and (ii) the supply of goods, materials or other items to the Principal is within the ordinary course of the Contractor's business. (g) The Contractor indemnifies the Principal against any Claims against, or costs, losses or damages suffered or incurred by the Principal directly or indirectly in connection with any infringement of, or Claim in regard to, any third party security agreement or security interest under this clausethe PPSA arising as a result of: (i) the Contractor carrying out the Contractor's Activities; or (ii) goods, including materials or other items supplied to Principal by the registration fees and Contractor infringing that third party’s rights under the costs notificationPPSA.

PPSA. 27.1. This clause applies to the extent that these Terms and Conditions (aor any contract arising subject to these terms and conditions) The Client hereby grants to Powernet provide for a security interest over Security Interest for the Equipment to secure the payment of any unpaid balance purposes of the price ofPersonal Property Securities Xxx 0000 (Cth). 27.2. The rights of Supplier under this document are in addition to and not in substitution for Supplier’s rights under other law (including PPSA) and Supplier may choose whether to exercise rights under this document, and/or under other law, as it sees fit. 27.3. The Customer acknowledges that if Supplier’s interest under this agreement, and any other Fees relating torelated document(s), the Equipment (Equipment Fees). Such security is a ‘purchase money security interest’ (PMSI) Security Interest for the purposes of the PPSA then that Security Interest relates to the extent that it can be under section 14 Personal Property and all Proceeds of any kind and this agreement is a security agreement for the purposes of the PPSA. (b) The Client consents to Powernet registering a financing statement in the PPS Register in respect of the 27.4. Supplier may register its Security Interest so granted. on the PPSR (c) including, without limitation, as a PMSI). The Client Hirer must do anything (such as obtaining consents and signing documents) which Powernet require Supplier requires for the purposes of: (i) ensuring 27.4.1. Ensuring that PowernetSupplier’s security interest Security Interest is enforceable, perfected and otherwise effective under the PPS LawPPSA; (ii) enabling Powernet 27.4.2. Enabling Supplier to gain first priority (or any other priority agreed to Powernet by Supplier in writing) for Powernet’s its security interest; and (iii) enabling Powernet 27.4.3. Enabling Supplier to exercise rights in connection with the security interest. (d) 27.5. The Client Hirer must not deal with (including dispose or create another security interest in) any Equipment without first obtaining pay on demand to Supplier the written consent of Powernet, until the Equipment Fees are paid in fullDocumentation Costs. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under the Agreement or conferred by law without giving notice to the Client or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulated. (g) The Client waives the requirement for Powernet to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 of the PPSA. (h) To the extent that 27.6. If Chapter 4 of the PPSA would otherwise does apply to the enforcement by the secured party of any security interest a Security Interest arising under or in the Equipment, the parties agree that the following provisions of the PPSA are excluded: (i) connection with this agreement and to the maximum extent permitted by section 115(1) of law, the PPSA: Hirer agrees that sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3)(d), 132(4), 134(1); 135, 142 and 143 and Division 6 of Part 4.3 of the PPSA; and (ii) PPSA will not apply to the enforcement of that Security Interest. 27.7. Where a person is a Controller in relation to the Personal Property, the parties agree, to the maximum extent permitted by section 115(7) of the PPSA: sections 132 and 137. (i) Powernet’s rights under the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreement, and/or under such law, as Powernet sees fit. (j) The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Client must do everything necessary on the Client’s part to ensure that section 275(6)(a) Part 4.3 of the PPSA continues will not apply to applythe enforcement of any Security Interest in the Personal Property by that Controller. 27.8. The agreement Customer waives its right (including, without limitation, under s 275) to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded. 27.9. The Customer must not assign or grant a Security Interest in this sub-clause is made solely for the purpose of allowing Powernet the benefit of section 275(6)(a) and Powernet shall not be liable to pay damages agreement or any other compensation or be contract arising subject to injunction if Powernet breaches these terms and conditions or any of its rights or obligations under this clauseagreement or any contract arising subject to these terms and conditions without the prior written consent of Supplier. (k) Powernet may recover from 27.10. The Customer must not create, purport to create or permit to be created any Security Interest in the Client Equipment or lease, hire, bail, sell or give possession of the cost Equipment to anyone else other than with the express written consent of doing anything under this clause, including the registration fees and the costs notificationSupplier.

PPSA. (a) The Client hereby grants This clause 21 applies to Powernet a security interest over any PPSR Security Interests you grant to us, or that we may have, pursuant to the Equipment to secure the payment terms of these Sub- contractor T&Cs or any unpaid balance of the price ofWork Contract, and apply in addition to any other Fees relating to, the Equipment (Equipment Fees). Such security is a ‘purchase money security interest’ (PMSI) to the extent that it can be under section 14 of the PPSAprovisions in these Sub-contractor T&Cs. (b) The Client consents You must do all things and sign all documents necessary to: (i) obtain any third party consent to Powernet registering a the grant and registration of the PPSR Security Interest; (ii) register (or allow the registration of) and maintain registration of any financing statement on the PPSR in the PPS Register in respect of relation to such PPSR Security Interest; (iii) perfect and keep continuously perfected, the Security Interest; (iv) ensure our priority position in relation to the PPSR Security Interest so grantedis protected; (v) otherwise allow us to enforce such PPSR Security Interest. (c) The Client must do anything We may register, you consent to us registering, a financing statement on the PPSR in relation to any such PPSR Security Interest. (such as obtaining consents d) To the extent permitted by the PPSA, you waive your right to receive any notice or copy of any document pursuant to the PPSA, including of any verification statement or financing change statement, to reinstate the Security Interest by payment of any amounts owing or by remedy of any default or pursuant to sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 127, 128, 129, 130, 132, 133, 134(2), 135, 136(3), (4) and signing documents(5), 137, 142 and 143, unless the notice is required by the PPSA and cannot be excluded. (e) which Powernet require for We have all powers granted to us by law, including all rights and powers of secured parties at common law and in the purposes ofPPSA, to enforce our PPSR Security Interest in any way we see fit. (f) In addition to any powers pursuant to clause 21(e), we may at our option: (i) ensuring that Powernet’s security interest is enforceableenter, perfected take possession and otherwise effective under assume control of the PPS Lawproperty subject to the PPSR Security Interest; (ii) enabling Powernet receive profits of the property subject to gain first priority the PPSR Security Interest; (iii) carry on any of your business forming part of, or relating to, the property subject to the PPSR Security Interest; (iv) sell or agree to sell any other priority agreed of the property subject to Powernet in writingthe PPSR Security Interest (whether or not we have taken possession) for Powernet’s security intereston such terms as we see fit; (v) lease or licence the property subject to the PPSR Security Interest, renew, terminate, surrender or accept the surrender of leases or licences, as we see fit; (vi) appoint a receiver and manager on such terms as we see fit; and (iiivii) enabling Powernet to exercise rights make debtors bankrupt, and wind up companies, and otherwise do all things in connection with any bankruptcy or winding up which we think is necessary for the security interest. (d) The Client must not deal with (including dispose recovery or create another security interest in) any Equipment without first obtaining protection of the written consent of Powernet, until the Equipment Fees are paid in full. (e) Unless required by an applicable law that cannot be excluded Powernet may exercise any right under the Agreement or conferred by law without giving notice property subject to the Client PPSR Security Interest, or allowing for the elapse of any period of time. (f) Where the law requires that a period of time be fixed or stipulated for any notice or lapse of time, then 1 day is the period is fixed and stipulatedpart thereof. (g) The Client waives You must not sell, dispose of or otherwise deal with property subject to the requirement for Powernet PPSR Security Interest in any way (including granting any options over such property) without our prior written consent (including any consent given pursuant to give notice under the PPSA where notice can be waived, including under sections 95, 118, 121(4), 130 and 157 of the PPSAthese Sub-contractor T&Cs. (h) To If you sell, dispose of, or otherwise deal with the extent that Chapter 4 of the PPSA would otherwise apply to enforcement by the secured party of any security interest in the Equipment, the parties agree that the following provisions of the PPSA are excluded: (i) property subject to the extent permitted by section 115(1) of PPSR Security Interest in any way, you hold all proceeds from any disposal or dealing with the PPSA: sections 125, 132(3)(d), 132(4), 142 and 143 of the PPSA; and (ii) property subject to the extent permitted Security Interest on trust for us, and such proceeds are payable by section 115(7) of the PPSA: sections 132 and 137you to us on demand. (i) Powernet’s rights under You must pay to us, on demand, all costs, expenses and other amounts incurred or paid by us in respect of, or in connection with, the Agreement are in addition to and not in substitution for Powernet’s rights under law (including the PPSA) and Powernet may choose whether to exercise rights under the Agreementregistration, and/or under such law, as Powernet sees fit. (j) The parties agree not to disclose information discharge or enforcement of the kind that can be requested under section 275(1) of the PPSA. The Client must do everything necessary on the Client’s part to ensure that section 275(6)(a) of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing Powernet the benefit of section 275(6)(a) and Powernet shall not be liable to pay damages or any other compensation or be subject to injunction if Powernet breaches this clausePPSR Security Interest. (k) Powernet may recover from the Client the cost of doing anything under this clause, including the registration fees and the costs notification.