Common use of SPECIAL CONDITIONS PREVAIL Clause in Contracts

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) (“the Buyer”): (company name) 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of _, (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 202313 November 2024, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 202313 November 2024, in the presence of: Witness (name and signature) Executed by (ACN ) as Buyer on (company name) this 13 November 2024 by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 13 November 2024 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023, **th day of ** 2022 (signature) in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023, **th day of ** 2022 (signature) in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by For the ** Council as Seller on this 7 February 2023 (name and title) For the Mackay Regional Council **th day of ** 2022 (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ;; ( (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer Xxxxx on this 7 February 25th day of May 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer Xxxxx on this 7 February 25th day of May 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by Xxxxx Xxxxxx, Chief Executive Officers for the Mareeba Shire Council as Seller on this 7 February 25th day of May 2023 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023day of 2022, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023day of 2022, in the presence of: Witness (name and signature) DRAFT Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 day of 2022 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) (“the Buyer”): (company name)) DRAFT 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023day of 2022, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023day of 2022, in the presence of: Witness (name and signature) DRAFT Executed by signed by: (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 day of 2022 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) )(“the Buyer”): (company name)) DRAFT 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 202331 January 2024, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 202331 January 2024, in the presence of: Witness (name and signature) Executed by (ACN ) by as Buyer on (company name) this 31 January 2024by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 31 January 2024 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer Xxxxx on this 7 February 22 March 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer Xxxxx on this 7 February 22 March 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 22 March 2023 (name and title) For the Mackay Regional Hinchinbrook Shire Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of _, (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail.. Buyer – Individual(s) 1. Executed by (name) (signature) as Buyer on this 7 February 2023, 18th day of August 2021 (signature) in the presence of: Witness (name and signature) 2. Executed by as Buyer on this 18th day of August 2021 (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 (name and title) 18th day of August 2021 For the Mackay Fraser Coast Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ;; ( (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/sguarantor) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 202322 October 2024, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 202322 October 2024, in the presence of: Witness (name and signature) Executed by (ACN ) as Buyer on (company name) this 22 October 2024 by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 22 October 2024 (name and title) For the Mackay Regional Hinchinbrook Shire Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of _, (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (company name) (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 202327th day of September 2022, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 202327th day of September 2022, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 27th day of September 2022 (name and title) For the Mackay Regional Hinchinbrook Shire Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) )(“the Buyer”): (company name) 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;

SPECIAL CONDITIONS PREVAIL. In the event of any inconsistency between the provisions of these Special Conditions 1 to 15 inclusive and the provisions of the Standard Terms of Contract then, the provisions of these Special Conditions shall prevail. 1. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) 2. Executed by (name) (signature) as Buyer on this 7 February 2023, in the presence of: Witness (name and signature) Executed by (ACN ) by being signed by: (company name) Signature of Director Signature of Director/Company Secretary Print full name Print full name Executed by as Seller on this 7 February 2023 (name and title) For the Mackay Regional Council (signature) in the presence of: Witness (name and signature) In consideration of the Seller having at the request of: (a) of ; (b) of ; (c) of ; (d) of , (name of xxxxxxxxx/s) (address of guarantor/s) (“the guarantors”) agreed to enter into the contract of sale (“the contract”) to which this deed of guarantee and indemnity is annexed with (ACN ) (“the Buyer”): (company name)): 1. the guarantors hereby guarantee to the seller the due punctual payment by the Buyer to the Seller of all sums of money becoming due, owing or payable by the buyer to the seller under the terms of and or as a result of this contract (“the guaranteed monies”) at the times and in the manner as set out in this contract or otherwise on demand; 2. the guarantors hereby guarantee the due and punctual performance and observance by the Buyer of all and any of the covenants, provisions and stipulations on the part of the buyer to be performed and observed under and pursuant to this contract (“the guaranteed obligations”); 3. the guarantors further indemnify the Seller against and in respect of any damages, loss, claim, demand, cost, expense or obligation direct or indirect which the Seller has or may suffer incur or sustain as a result of the Buyer’s failure to pay the guaranteed monies when due or to perform the guaranteed obligations when due; 4. this guarantee and indemnity shall be a continuing guarantee and indemnity until the whole of the guaranteed monies are paid and the whole of the guarantee obligations performed and shall be independent of and in addition to and in no way affected by any other security instrument or document which the seller may hereafter obtain or hold for any indebtedness or liability whatsoever of the buyer or other guarantors to the Seller; 5. the liability of the guarantors shall not be affected or discharged in any way whatsoever in the event that the Seller grants or agrees to grant to the Buyer any time or any other indulgence or consideration or in the event that the Seller compounds with or releases or assents to the winding up of the Buyer or wholly or partially releases or discharges the Buyer from any of the terms of the contract or in the event that the Seller varies any of the terms of this contract; 6. the Seller shall not be bound at any time to exercise any of its rights under this contract or in any collateral or other contract and any omission failure of refusal by the Seller so to do shall not prejudice, affect, discharge or diminish any of the liabilities of the guarantors hereunder and the liability of the guarantors hereunder shall not be affected or discharged by any other laches or mistakes on the Seller’s part; 7. if by reason of any statute, rule of law or for any other reason whatsoever any covenant, term or condition of this contract is rendered unenforceable by the Seller against the Buyer then the guarantors agree hereby at all times to indemnify the Seller to the full extent in respect of the guaranteed monies or any part thereof which have thereby been rendered unrecoverable by the Seller from the Buyer; 8. for the purposes of this guarantee, the guarantors may be treated as the principal debtors under the contract and the guarantors waive all rights either at law or under any statute that the guarantors might otherwise be entitled to claim or enforce in respect thereof; and 9. any notice or consent to be given or any demand to be made by the Seller to the guarantors under or pursuant to this guarantee may be given or made by writing under the hand of the Seller or of any manger, acting manager, clerk, solicitor or any other person acting on behalf of the Seller and may be delivered by prepaid post addressed to the guarantors’ addresses stated herein and any such notice consent or demand shall be deemed to have been received by the guarantors on the day after posting or sending;