Exhibit 10.32
 
 Dealing
Number
 QUEENSLAND LAND REGISTRY
    
    LEASE/SUB LEASE
    
    FORM 7Version 6Land Title Act 1994, Land
Act 1994 and Water Act 2000
    
    
    
    Page 1 of 60
  Privacy Statement
 Land Title Act 1994 Land Act 1994 Water Act
2000
 1.
    
    Lessor
    
    Lodger(Name, address, E-mail & phone number)
    
    LodgerTHE PUBLIC TRUSTEE OF QUEENSLAND
    
    DibbsBarker
    
    CodeGPO Box 67
    
    130Brisbane Qld 4001Telephone (07) 3100 5000Ref: KJC:FEM:2837565
 2.
    
    Lot on Plan Description
    
    County
    
    Parish
    
    Title ReferenceLOT 2 on RP 185406
    
    STANLEY
    
    NORTH BRISBANE
    
    16496089
 3.
    
    Lessee
    
    Given names
    
    Surname/Company name and number
    
    (include tenancy if more than one)PEPLIN LIMITED ACN 090 819 275
 4.
    
    lnterest being leasedFee simple
 5.
    
    Description of premises being leasedThat part of the third floor of the building identified as Lease E in Lot 2 on RP 185406 on the annexed plan.
 6.
    
    Term of lease
    
    7.   Rental/ConsiderationCommencement date/event: 01/05/2009
    
    See Reference ScheduleExpiry date: 30/04/2016 and/or Event:#Options: NIL#Insert nilif no option or insert option period (eg 3 years or 2 x 3 years)
 8.
    
    Grant/Execution
   Witnessing
officer must be aware of his/her obligations under section 162 of the
Land Title Act 1994
 /s/
Ian James MacLannan
    
    signature
    
    
    
    /s/ BRIAN WAYNE SHARPBRIAN WAYNE SHARPIan James MacLannan
    
    full name
    
    
    
    SIGNED AS DELEGATE FOR THE PUBLIC TRUSTEE UNDERqualification
    
    3/6/09
    
    SECTION 11A OF THE PUBLIC
TRUSTEE ACT 1978Witnessing Officer
    
    
    
    Execution Date
    
    Lessors Signature(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)
 9.
    
    Acceptance
  signature
    
    
    
    PEPLIN LIMITED ACN 090 819 275Peter Welburnfull name
    
    
    
    AUTHORISED SIGNATORYqualification
    
    10/5/09
    

/s/
David SmithWitnessing Officer
    
    
    
    Execution Date
    

SECRETARYLessees Signature(Witnessing officer must be in accordance with Schedule 1
of Land Title Act 1994 eg Legal Practitioner, JP, C Dec)




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 2 of 60and Water Act 2000
 Title Reference 16496089
  REFERENCE SCHEDULE OF LEASE DETAILS
    
    
    21
    
    DICTIONARY
    
    
    42
    
    GRANT OF LEASE
    
    
    43
    
    RENT
    
    
    44
    
    RENT REVIEW
    
    
    45
    
    PAYMENT OF ADDITIONAL STATUTORY CHARGES
    
    
    56
    
    PAYMENTS FOR SERVICES
    
    
    67
    
    USE OF PREMISES
    
    
    88
    
    AIR CONDITIONING EQUIPMENT ELEVATORS FIRE EQUIPMENT AND SERVICES
    
    
    119
    
    INSURANCES
    
    
    1210
    
    OPTION FOR FURTHER TERM
    
    
    1311
    
    PROVISION OF SECURITY
    
    
    1312
    
    GOODS AND SERVICES TAX
    
    
    1513
    
    MAINTENANCE, REPAIRS AND ALTERATIONS
    
    
    1514
    
    LESSORS OBLIGATIONS
    
    
    1815
    
    COMMON AREAS
    
    
    1816
    
    INDEMNITIES AND RELEASE
    
    
    1917
    
    RESTRICTIONS ON CHARGES, ASSIGNMENTS AND SUBLEASES
    
    
    2018
    
    DEFAULT, TERMINATION ETC
    
    
    2119
    
    HOLDING OVER, REMOVAL OF LESSEES FITTINGS ETC
    
    
    2320
    
    SUBDIVISION
    
    
    2521
    
    CAR PARK LICENCE
    
    
    2622
    
    ROOF TOP LICENCE
    
    
    3023
    
    GENERAL
    
    
    3424
    
    EARLY ACCESS DATE
    
    
    3825
    
    ENVIRONMENTAL OBJECTIVES
    
    
    39
 page i




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##### 



26
    
    LESSEES OBLIGATIONS
    
    
    4027
    
    LESSORS COVENANTS
    
    
    4228
    
    LIMITATION OF LIABILITY OF THE CUSTODIAN
    
    
    43ATTACHMENT 1  DICTIONARY
    
    
    46ATTACHMENT 2  PLAN OF PREMISES
    
    
    53ATTACHMENT 3  ENVIRONMENTAL BUILDING RULES
    
    
    54ATTACHMENT 4  CAR PARK LICENCE AREA
    
    
    55ATTACHMENT 5  LICENSED AREA
    
    
    56
 page ii




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 3 of 60and Water Act 2000
 Title Reference 16496089
 rd
 Reference Schedule of Lease Details
 Item 1
    
    Lessor:
    
    The Public Trustee of Queensland
C/- Opus Capital Limited
Level 1, 283 Elizabeth Street
BRISBANE 4000Facsimile: 1300 792 404Item 2
    
    Lessee:
    
    Peplin Limited
Level 2, Brisbane Portal,
1 Breakfast Creek Road,
New Stead
BRISBANE 4006Facsimile: 07 3250 1299Item 3
    
    Land:
    
    Lots 1 and 2 on RP 185406, County of
Stanley, Parish of
North Brisbane contained in Title Reference
18402243 and
16496089Item 4
    
    Premises/Address of Premises
    
    That part of the third floor of the building identified as Lease E on the plan annexed to this Lease.Item 5
    
    Term, Commencement Date,
Expiry Date:
    
    Term  7 years
Commencement Date  1 May 2009
Expiry Date  30 April 2016Item 6
    
    Rent:
    
    $381,275.00.00 per annum plus GSTItem 7
    
    Review Date(s):
    
    Annually on the anniversary of the Commencement DateFixed Increase Date(s) (if applicable):
    
    Not ApplicableCPI Adjustment Date(s) (if applicable):
    
    Annually on the anniversary of the Commencement DateMarket Review Dates(s) (if applicable):
    
    Not ApplicableItem 8
    
    Lessees Proportion:
    
    9.91%Item 9
    
    Permitted Use
    
    Commercial OfficeItem 10
    
    Further Term
    
    Nil years




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 4 of 60and Water Act 2000
 Title Reference 16496089
 Item 11
    
    Public Risk Insurance Minimum Sum:
    
    $20,000,000.00Item 12
    
    Security Amount:
    
    An amount equal to 6 months Rent plus GSTItem 13
    
    Guarantor(s):
    
    Not ApplicableItem 14
    
    Normal Business Hours
    
    8.00am to 6.00pm on Business DaysItem 15
    
    Car Park Licence Fee
    
    $54,000.00 per annum plus GSTItem 16
    
    Licence Fee
    
    $1.00 per annumItem 17
    
    After hours Air Conditioning Rate
    
    $55.00 plus GST per hour per floor (minimum of 2 hours)Item 18
    
    Base Year
    
    The financial year ending 30 June 2011




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 5 of 60and Water Act 2000
 Title Reference 16496089
 1
    
    DICTIONARY
 1.1
    
    Dictionary. The Dictionary in Attachment 1defines some
of the terms used in this Lease and sets out the rules of
interpretation that apply to this Lease.
 2
    
    GRANT OF LEASE
 2.1
    
    Grant of Lease. The Lessor grants to the
Lessee and the Lessee takes a lease of the
Premises for the Term on the conditions set
out in this Lease.2.2
    
    Exclusion of Implied Covenants and Powers. The
covenants, powers and provisions implied in leases by
sections 105 and 107 of the Property Law Act 1974
do not apply to this Lease.
 3
    
    RENT
 3.1
    
    Rent.The Lessee must pay to the Lessor
the Rent by equal monthly instalments in advance on each Rent
Day. For any period less than 1 month, the
Lessee must pay the Lessor the Rent
proportionately by reference to the number of days for which the
Lessee is paying and the number of days in the
relevant year of the Lease.3.2
    
    Payment Requirements.The Lessee must pay to the
Lessor the Rent and any other amounts required to
be paid under this Lease:
 (a)
    
    Free of all deductions;(b)
    
    On the dates specified in this Lease
or, if no date is specified, within 14 days
of receipt of written notification from the Lessor; and(c)
    
    By wire transfer into a Bank account as
directed by the Lessor or Manager and until
such direction at the place and in the manner notified
by the Lessor or the Manager in writing at any
time or in the absence of that direction, at the
address of the Lessor set out in this Lease.
 4
    
    RENT REVIEW
 4.1
    
    Fixed Increases.The Rent from and including each
Fixed Increase Date is the Rent for the previous
year increased by the Fixed Increase.4.2
    
    CPI Adjustment of Rent.The Rent from and including
each CPI Adjustment Date is the
Rent for the previous year increased by the CPI provided
that the amount so calculated must not be less than 104%
of the Rent payable in the immediately preceding Lease
Year (disregarding any abatement).4.3
    
    Market Reviews.The Lessor must give the
Lessee a notice stating the Lessors assessment of the
current annual market rent of the Premises on each Market Review Date,
such notice to be given not earlier than 6
months before and not later than 6 months after the
Market Review Date. The Rent from and including the
relevant Market Review Date shall be the amount stated in
the Lessors notice unless the Lessee gives the Lessor
a notice disagreeing with that amount, such notice
to be given within 21 days after the Lessors notice
is given (and in this respect, time is of the
essence). If the Lessor and the Lessee do not agree
on the current annual market rent of the Premises to
apply from the relevant Market Review Date within 21
days after the Lessees notice is given, then the current
annual market rent of the Premises on the
relevant Market Review Date shall be determined by a
valuer who:
 (a)
    
    Is appointed by the parties and if
they do not agree on who to appoint within 30 days after the
Lessees notice is given, then that valuer is
to be nominated at either partys request by
the President of the Queensland Division of the
Australian Property Institute; and




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 6 of 60and Water Act 2000
 Title Reference 16496089
 (b)
    
    Is a full member of at least 5 years
standing of that institute; and(c)
    
    Must be instructed to give a
written valuation setting out what was taken into account,
what was disregarded, their respective weightings and
other adjustments; and(d)
    
    Acts as an expert and not as an
arbitrator and whose decision is final and binding; and(e)
    
    Whose costs must be borne equally by the Lessor
and the Lessee.Despite the above, the Rent from a Market Review Date must not
be less than the rent determined under Clause
4.2 as though the Market Review Date was a
CPI Adjustment Date or Fixed Increase Date (whichever
is applicable) disregarding any abatement.
 4.4
    
    Provision for Adjustment/Deferment of Review.
 (a)
    
    If the amount of any revised Rent has not
been agreed or determined by the
relevant Review Date the Lessee must continue to
pay Rent to the Lessor at a rate equal to
the Rent payable during the preceding Lease Year
adjusted as though the that date was a Review Date until the revised
Rent is ascertained;(b)
    
    When the revised Rent is ascertained, any
necessary adjustment of Rent calculated from the relevant
Review Date must be paid by the Lessee or
adjusted by the Lessor within fourteen (14) days of
the revised Rent being ascertained; and(c)
    
    If the Lessor does not exercise its
right to require the Rent to be revised on a
particular Review Date then the Lessor may revise the Rent
by notice in writing to the Lessee at any
time prior to the next Review Date.
 5
    
    PAYMENT OF ADDITIONAL STATUTORY CHARGES
 5.1
    
    Payment of Outgoings.In addition to Rent
the Lessee shall pay to the Lessor the Lessees
Proportion of any difference between the Outgoings actually
accrued for that Accounting Period and the Base Year
by equal monthly instalments based on the Lessors estimate
of the Outgoings for each Accounting Period.
Within a reasonable time after the end of each
Accounting Period, the Lessor shall reconcile the
actual Outgoings for the Accounting Period against
the amounts paid by the Lessee. Any necessary
adjustment will be paid within 14 days of the
Lessee receiving a copy of that reconciliation. Further, if the
Lessor is required to provide an audited statement in
respect of Outgoings for the Building to another
tenant in the Building in accordance with
the Retail Shop Leases Act 1994, then the
Lessor will provide a copy of that
audited Outgoings statement to the Lessee within
three months of the end of the relevant year.
Base Year outgoings must include notional amounts
for any expenses which would have been incurred
but for suppliers warranties, guarantees and similar
allowances. The Outgoings for the Base Year will be
increased annually by the greater of CPI or
1.04 times that for the immediately preceding Lease Year.
 5.2
    
    Audit of Outgoings.
 (a)
    
    The Lessor will, within 28 days
following prior written notice given by the Lessee,
during normal business hours or as otherwise agreed,
permit and provide persons (Auditors) nominated by
the Lessee supervised access to the Lessors books, records,
documents and other relevant information in respect of
Outgoings to verify correct calculation of the Outgoings and the
Lessees Proportion in accordance with the provisions of this
Lease (Audit).(b)
    
    In undertaking the Audit, the Lessee
will ensure the Auditors comply with reasonable
security requirements of the Lessor made known to the
Lessee or Auditor.(c)
    
    The Lessor and Lessee will do all things
reasonably necessary to facilitate a prompt and efficient Audit.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 7 of 60and Water Act 2000
 
 Title Reference 16496089
 (d)
    
    Subject to due compliance with paragraph
5.2(b), the Auditors may make copies of books,
records, documents and other materials they have access
to as part of an Audit, and the Lessor will
provide the Auditors with the necessary facilities to
enable them to do so.(e)
    
    The Lessee is responsible for costs
incurred in relation to an Audit unless the
Audit reveals overstatement in relation to calculation
of the Outgoings of 5% or more.
 6
    
    PAYMENTS FOR SERVICES
 6.1
    
    Payment for Services to the Premises.The
Lessee must pay all accounts for the supply of
water, gas, electricity (including electricity used to
operate the Air-Conditioning Equipment), telephones and all
other services to the Premises on or before the due date
for payment if assessed directly against the Lessee but
otherwise to the Lessor within 14 days of receipt
of written notification from the Lessor. The Lessee must, if
required by the Lessor in writing, permit the Lessor
to arrange the proper installation of separate meters for
any services capable of separate metering, including but not
limited to the supply of electricity with
such installation to be at the expense of the
Lessee.
 6.2
    
    Reimbursement Due to Alterations.If the Lessor
effects any alterations or additions to the Premises or the
Building which may be:
 (a)
    
    Required by virtue of the conduct of the
Permitted Use;(b)
    
    Required by virtue of
the conduct of the Lessees Business;(c)
    
    Required by virtue of the number or sex of
the Lessees employees; or(d)
    
    Requested by the
Lessee and consented to by the Lessor,
 the Lessee shall pay to the Lessor, within
14 days of receipt of written notification from
the Lessor, the total direct and indirect
cost to the Lessor of construction of such works
including fees paid to architects, quantity
surveyors, engineers and other consultants. If such
works are effected for the benefit of other
leased or licensed premises in the Building as well
as the Premises the amount payable by the Lessee to
the Lessor under this clause shall be calculated
by multiplying the total direct and indirect cost of
such works by the area of the Premises and
dividing by the area of that part of the
Gross Lettable Area which so benefits from such
works. The Lessee shall deposit with the Lessor,
within 14 days of receipt of written
notification from the Lessor, the cost of such
works estimated by the Lessor before any such
works are commenced. The deposit may be
applied by the Lessor in whole or in part
to the works as they proceed or as the debts or obligations
leading to the works are incurred.
 6.3
    
    Future Taxes.Unless otherwise specifically provided, the
Lessee shall pay without
exception all rates, taxes, charges, assessments, outgoings
and impositions (whether parliamentary, municipal or otherwise and
whether assessed, charged or imposed by or under
federal or state law or by federal, state or
local authorities and whether on a capital or
revenue value or any other basis and even though
of a novel character) of a kind not existing
at the earlier of the Commencement Date and the date of the
Lessees occupation or possession of the Premises but
which may at any time be assessed, charged or imposed upon
or in respect of the Premises and whether assessed against the
Lessor or directly against the Lessee. Such sums do not
include income tax on the income of the Lessor
of which the rents and profits of the
Building form part nor any capital gains tax on any profits
received by the Lessor on the sale of the Building.
Any sums so payable by the Lessee if
assessed directly against the Lessee shall be
paid to the assessing authority not later than the due date of
the payment and if assessed against the Lessor shall be paid to
the Lessor within 14 days of receipt of written
notification from the Lessor.6.4
    
    Special Services.The Lessee must pay all
reasonable costs incurred by the Lessor for any special
services provided by the Lessor at the Lessees
request. Payment must be made within 14 days of receipt
of written notification from the Lessor, which may be before
the special services are provided.6.5
    
    Costs, Charges and Expenses.The Lessee must
pay to the Lessor within 14 days of receipt of
written notification from the Lessor:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 8 of 60and Water Act 2000
 Title Reference 16496089
 (a)
    
    The cost of preparation and registration of any plan
included in this Lease;(b)
    
    All stamp duty (if applicable) and registration fees on this
Lease and any related document; and(c)
    
    The Lessors reasonable costs and expenses (including
legal costs) in connection with:
 (i)
    
    The consideration and/or approval
of the Lessor to any request of the
Lessee to deal with the Lease and/or make
any alterations to the Premises in
accordance with Clauses 17 and 13.12
and of the Lease, respectively; and(ii)
    
    Anything the Lessor does to
enforce this Lease or because the
Lessee breaches this Lease.
 The Lessors legal costs shall be calculated on a
solicitor and own client basis.
 6.6
    
    Lease preparation Costs.The Lessor and the
Lessee shall each pay their own legal costs and expenses
in connection with the negotiation, preparation and execution of
this Lease.
 6.7
    
    Cleaning.
 (a)
    
    The Lessor may from time to time engage
a cleaning contractor to clean or provide rubbish
removal services to the various offices in the Building. If
that occurs, the Lessee shall pay to the Lessor
within 14 days of receipt of written notification:
 (i)
    
    The Lessees Proportion of the cost of
cleaning the Common Areas;(ii)
    
    The Lessees Proportion of the cost
of cleaning the Building. Such cost includes
the cost of cleaning the interior and
exterior surfaces of all windows in the Building
but does not include the cost of cleaning
the Common Areas, the Premises and
those parts of the Building leased or
intended to be leased or licensed to any
person;(iii)
    
    100% of the cost of cleaning the
Premises and the Licensed Area.
 (b)
    
    The Lessee shall pay to the Lessor, if required
by the Lessor, the Lessors estimate of such costs
monthly in advance. The Lessor shall determine the
costs payable by the Lessee under this clause after
the end of each Accounting Period and give to the
Lessee as soon as practicable after the end
of each Accounting Period a written statement
setting out reasonable details of such costs. If the
amount paid by the Lessee on account of such costs is less than
the amount payable by the Lessee during the relevant
Accounting Period the Lessee shall pay the deficiency
to the Lessor within 14 days of receipt of
written notification. If the amount paid by the
Lessee on account of such costs is greater
than the amount payable by the Lessee during the
relevant Accounting Period the Lessor may either
refund the excess to the Lessee or credit
the excess against costs payable under this
clause subsequently falling due or against any other monies owing by
the Lessee to the Lessor. In the event of
assignment or transfer of the Lessees interest in this
Lease any adjustment under this clause if paid or credited
to the Incoming Lessee shall discharge the Lessor from
any further liability in respect of such adjustment.(c)
    
    If the cleaning contractor engaged by the Lessor:
 (i)
    
    does not clean the Premises to Lessees
reasonable satisfaction;(ii)
    
    and the Lessor has made two
requests of the cleaner to improve the
cleaning services to the Lessees reasonable satisfaction;
and(iii)
    
    the cleaner does not after the
requests from the Lessor clean the
Premises to the Lessees reasonable satisfaction;
 then, providing that one (1) months written
notice is given to the Lessor, the Lessee is
entitled to engage its own cleaning contractor.




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QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 9 of 60and Water Act 2000
 Title Reference 16496089
 (d)
    
    If a cleaning contractor is engaged by
the Lessee and the cleaning contractor:
 (i)
    
    does not clean the Premises to
Lessors reasonable satisfaction; and(ii)
    
    the Lessee has made two requests of
the cleaner to improve the cleaning
services to the Lessors reasonable
satisfaction; and(iii)
    
    the cleaner does not after the
requests from the Lessee clean the
Premises to the Lessors reasonable satisfaction;
 then, providing that one (1) months written
notice to the Lessee, the Lessor is
entitled to engage its own cleaning contractor.
 (e)
    
    The Lessor is not liable for any loss
or damage to the Premises or the Lessee in connection
with the cleaning services of any cleaning contractor engaged to
clean the Premises.
 7
    
    USE OF PREMISES
 7.1
    
    Permitted Use.The Lessee must use the
Premises only for the Permitted Use and not allow any
other person or corporation to sell goods or
property or provide services on or from the
Premises or any part of them.
 7.2
    
    Conduct of Business.The Lessee must, at all times during
the Term (as appropriate):
 (a)
    
    Conduct its business in the Premises in a
proper, efficient and reputable manner and in accordance with the
best business practices; and(b)
    
    Receive and deliver goods and merchandise only in
the manner, at the times and in areas designated by
the Lessor.
 7.3
    
    Retail Shop Leases Act 1994.Notwithstanding
any other provision, the Lessee shall not use
the Premises wholly or predominantly for the carrying on of one or more
retail businesses. For the purposes of this clause the
expression retail business shall have the meaning set
out in the Retail Shop Leases Act 1994.
 7.4
    
    Requirements of any Law or Governmental Agency.The
Lessee must comply promptly with all Laws and the
requirements of any Governmental Agency in respect of the
Premises, the use of the Premises, or any machinery,
plant, equipment, fixtures, fittings or furnishings in the
Premises.
 7.5
    
    Licences.The Lessee must, at its own
expense, obtain and keep current any registration, licence or permit
required by any Law or Governmental Agency in
respect of the Permitted Use. The Lessee must
produce such documents for inspection by the Lessor within
14 days of receipt of written notification from the
Lessor.
 7.6
    
    Prospective Lessees and Purchasers. The Lessee
must:
 (a)
    
    Allow the Lessor to show the
Premises to prospective purchasers at all reasonable
times and after receipt of reasonable notice from the
Lessor; and(b)
    
    Allow the Lessor, at any time within
the six (6) month period immediately preceding expiration of
the Term, to show the Premises to prospective
lessees and to put up the usual For Sale
or To Let notices where the Lessor thinks fit and
the Lessee must not remove any such notices without the
written consent of the Lessor.
 7.7
    
    Rules and Regulations. The Lessee and
the Lessees Associates must:
 (a)
    
    Observe and comply with; and(b)
    
    Not allow anything to be done contrary to,




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 10 of 60and Water Act 2000
 Title Reference 16496089
 the Rules and Regulations. Default in compliance with the Rules and Regulations will be
treated in all respects as a breach of the Lessees Obligations. The Lessor may at any
time amend, cancel, add to or suspend any or all of the Rules and Regulations, or make
additional or substitute rules and regulations, which, in the Lessors opinion are
required for:
 (c)
    
    The management, use, safety, care, cleanliness or external appearance of the
Premises, the Land or the Building; or(d)
    
    The convenience of occupiers and invitees,
 PROVIDED HOWEVERthat any such alteration shall not apply to the Lessee if that
alteration materially and substantially or permanently derogates from the enjoyment of
the rights conferred on the Lessee by this Lease.
 7.8
    
    Prohibited Conduct. The Lessee shall not:
 (a)
    
    Carry on in the Premises any noxious, offensive or illegal business, occupation or
practice;(b)
    
    Do any act or thing which may be a nuisance or annoyance or cause damage or
disturbance to any other occupier of the Building, the Lessor or the occupiers of nearby
land;(c)
    
    Hold in the Premises or the Building any auction, fire, bankruptcy or liquidation
sale;(d)
    
    Use the Appurtenances for any purpose other than those for which they are provided or
interfere with any Appurtenances;(e)
    
    Paint, erect or affix any signs, notices or advertisements within the Premises that
are visible from outside the Premises other than signs, notices or advertisements that
directly relate to the Permitted Use and that are of a reasonable standard and have been
approved by the Lessor;(f)
    
    Affix, suspend or support any fixtures or fittings from or by any external wall of the
Building or any internal structural wall or any dividing wall or partition separating the
Premises from any other leased or licensed premises in the Building or from the Common Areas
in the Building without the Lessors prior consent. The Lessee shall make good any damage
caused to any such wall or partition notwithstanding that the Lessor may grant its consent
under this clause;(g)
    
    Hole, mark or damage any of the floors, walls, ceilings, partitions or other parts of
the Premises except so far as may be reasonably necessary for the erection of approved
signs, notices, advertisements, fixtures and fittings;(h)
    
    Allow in the Premises any radio or television receiver, loud speaker, amplifier or
other similar device in such a manner that the sound omitted from any such device may be
heard in any part of the Building other than the Premises;(i)
    
    Accumulate in or about the Premises any waste materials;(j)
    
    Use any apparatus which radiates heat (other than electrical apparatus for the heating of
beverages) within the Premises or the Building without the Lessors prior consent. Such
consent may be withdrawn by the Lessor at any time;(k)
    
    Prepare any food (other than beverages) within the Premises whether or not for
consumption upon the Premises without the Lessors prior consent unless the preparation
of food is expressly stated in the Permitted Use in which case the consent of the Lessor
is unnecessary;(l)
    
    Bring upon or store in the Premises or the Building any chemicals or other substances
(in whatever form or state) of a flammable, volatile, explosive, radioactive or corrosive
nature except such as are normally consumed or sold by the Lessee in the lawful conduct
of the Lessees Business and then only so long as they are confined in containers from or
in which they are normally consumed by the Lessee or sold to the public by the Lessee;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 11 of 60and Water Act 2000
 
 Title Reference 16496089
 (m)
    
    Allow any animals on the Building other than guide dogs for the blind; or(n)
    
    Allow the smoking tobacco or related or similar products on or in the Building.
 7.9
    
    Removal of Refuse. Unless otherwise notified by the Lessor the Lessee shall remove the
Lessees:
 (a)
    
    Wet refuse from the Building daily; and(b)
    
    Waste materials from the Building weekly.
 During such times as the Lessor provides or employs persons to collect that refuse the
Lessee shall not dispose of it by any other means.
 7.10
    
    Rodents and Vermin. The Lessee shall keep the Premises free and clear of rodents,
termites, cockroaches and other vermin.7.11
    
    Overloading. The Lessee shall observe the maximum floor loading nominated from time
to time by the Lessor and shall not permit the floors of the Premises to be broken,
strained or damaged by overloading the floors in any manner. The Lessee shall not load the
ceiling or roof structure of the Premises or the Building without the Lessors prior
consent. The Lessee shall not install upon the Premises any safe, heavy machinery,
compactus or other heavy plant and equipment without the Lessors prior consent.7.12
    
    Infectious Diseases. If any disease is detected upon the Premises which may require
notification under any Statute the Lessee shall give all necessary notices and information
promptly required under the Statute to the relevant authorities and shall give a copy of
all such notices and information promptly to the Lessor. If required by the Lessor or by
any relevant authority the Lessee shall thoroughly fumigate and disinfect the Premises.7.13
    
    Compliance with Fire Regulations. The Lessee shall take such precautions against fire
in respect of the Premises as are required under any Statute or by the Council or relevant
authorities or as shall be determined by the Lessor. The Lessee shall comply with all fire
alarm, insurance and sprinkler requirements in respect of the use and occupation of the
Premises.7.14
    
    Suitability of Premises. The Lessor does not expressly or impliedly promise that the
design, shape, size or finishes of the Premises or the Building are or shall remain fit,
suitable or adequate for the purposes of the Lessee. All promises implied by law as to the
fitness, suitability and adequacy of the Premises and the Building are expressly
negatived.7.15
    
    Keys. The Lessor may supply to the Lessee a key to the Building in order that the
Lessee may have access to the Premises during Normal Access Hours. The Lessor may supply
to the Lessee additional or replacement keys to the Building. For the purposes of this
clause key includes key cards and other means of entry. The Lessee shall not make
duplicate copies of any key held by them without the Lessors prior written consent and
the parties agree that any duplicate keys shall be returned to the Lessor within one (1)
Business Day of any request, if the Lessor, in its sole discretion, considers that the key
is held by a person who is endangering the security of the Building. The Lessee shall
furnish to the Lessor, within 14 days of receipt of written notification from the Lessor,
a list
of all persons possessing keys to the Building and shall immediately report to the Lessor the
loss of any such key. Upon the termination of this Lease (whether by effluxion of time or
otherwise) the Lessee shall return to the Lessor all keys to the Premises and the Building.
The Lessor may require the Lessee to return to the Lessor within 14 days of
receipt of written notice from the Lessor the any key held by a person if such
person is in the opinion of the Lessor using the key in a manner which may endanger
the security of the Building or in a manner not consistent with the Lessors
operation of the Building. The Lessee shall pay to the Lessor within 14 days of
receipt of written notice from the Lessor the Lessors reasonable cost of supplying
any key to the Lessee or altering any security system in the Building as a result of
the loss or abuse by the Lessee or any Lessees Associates of any keys.7.16
    
    Fire and Emergency Drills. The Lessee shall perform fire and emergency drills and
observe all emergency evacuation procedures. The Lessee shall cause all persons under its
control to co-operate with the Lessor and with any relevant authority in performing such
drills and procedures. The Lessee shall appoint persons to act as floor wardens.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 12 of 60and Water Act 2000
 
 Title Reference 16496089
 8
    
    AIR CONDITIONING EQUIPMENT ELEVATORS FIRE EQUIPMENT AND SERVICES
 8.1
    
    Source of Light and Power. The Lessee shall not use any form of light, power or heat
other than electricity or gas (if any) supplied through meters. The Lessee may use
auxiliary power or lighting (other than exposed flame) during any period of power failure
or power restrictions.8.2
    
    Electrical Overloading. The Lessee shall not install any electrical
equipment on or in the Premises that may overload the cables, switchboards or
sub-boards through which electricity is conveyed to the Premises without the Lessors
prior consent. If the Lessor grants such consent any alterations which are necessary
to comply with the insurance requirements of the Lessor and the requirements of any
relevant Statute shall be effected by the Lessor at the cost of the Lessee. The
Lessee shall pay to the Lessor within 14 days of receipt of written notification from
the Lessor the cost to the Lessor of such alterations. The Lessee shall deposit with
the Lessor within 14 days of receipt of written notification from the Lessor the cost
of such alterations estimated by the Lessor before any such alterations are
commenced.8.3
    
    Air Conditioning. The Lessor shall use all reasonable endeavours to provide
conditioned air to the Premises (in accordance with Australian Standards 1668.1 and
3666.1) in conjunction with other tenancies in the Building during Normal Business
Hours and to rectify any failure to provide such conditioned air to the Premises as
soon as reasonably practical in the circumstances. The Lessee shall not use any other
method of air conditioning (either heating or cooling) without the Lessors prior
consent. Such consent shall not be unreasonably withheld when conditioned air is not
available or the Air Conditioning Equipment is not functioning.8.4
    
    Additional Air Conditioning. If the Lessee requests the Lessor to provide
conditioned air to the Premises for any period outside Normal Business Hours
(provided that the Lessee has first paid the cost of installation of the necessary
meter) or if in the reasonable opinion of the Lessor the Lessee by reason of its use
of the Premises requires or is obtaining an air conditioning supply in excess of that
which would be supplied but for such use, the Lessor may provide or continue to
provide additional or excess conditioned air to the Premises. The Lessee shall pay to
the Lessor, within 14 days of receiving written notification from the Lessor, the
reasonable cost of operating the Air Conditioning Equipment on an hourly basis for
any such purpose as determined by the Lessor, acting reasonably, from time to time.
As at the Commencement Date, such cost is the rate specified in item 18 of the
Reference Schedule, which may be adjusted by the Lessor from time to time.8.5
    
    Elevators. The Lessor shall use reasonable efforts to provide an elevator service
to the Building during Normal Business Hours. Except as provided in this clause the
Lessee shall not use the Elevators (other than such elevators (if any) designated by the
Lessor from time to time for the carriage of goods) for the carriage of goods without the
Lessors prior consent. The Lessee may use the Elevators for the carriage of goods which
may be conveniently carried by hand and which will not damage the interior of the
Elevators.8.6
    
    Bulk Supply of Electricity. The Lessor may supply to the Lessee from
any bulk supply of electricity purchased by the Lessor all electricity consumed
within the Premises. In such case the following provisions shall apply:
 (a)
    
    The Lessee shall purchase all electricity consumed within the Premises from the
Lessor;(b)
    
    So far as it is reasonably able to do so the Lessor shall supply to the Lessee all
the Lessees reasonable electricity requirements for the Permitted Use;(c)
    
    The price to be charged by the Lessor to the Lessee for the supply of electricity
shall be at the same rate and governed by the same conditions as would be imposed from
time to time by the appropriate authority if such authority were supplying electricity
direct to the Lessee for the Premises only;(d)
    
    The Lessor shall render accounts from time to time to the Lessee and the Lessee
shall pay to the Lessor such accounts within 14 Business Days after receiving such
accounts. If this Lease is terminated (whether by effluxion of time or otherwise) the
Lessor may render an account up to the date of termination and the Lessee shall pay to
the Lessor the amount shown upon the rendering of such account;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 13 of 60and Water Act 2000
 
 Title Reference 16496089
 (e)
    
    The Lessor shall not be responsible or liable for any failure of or interruption to
the supply of electricity arising from any cause or for any failure of the electrical
system in the Building or in the Premises due to breakdown, repairs, maintenance
restrictions, industrial action, accidents or causes of any class or description or
directness or remoteness;(f)
    
    If the Lessee does not pay an account rendered by the Lessor for electricity charges
within the period of 14 Business Days after the account is rendered the Lessor may disconnect the
electricity supply to the Premises. The Lessee shall pay to the Lessor within 14
Business Days of receipt of written notification the cost to the Lessor of any
disconnection and any reconnection of the electricity supply;(g)
    
    The Lessee shall ensure that any electrical installation while it remains connected to
the electricity supply to the Premises is maintained free from any defect. The Lessee
shall make available to the Lessor, at any reasonable time and on giving the Lessee
reasonable written notice (deemed to be at least 24 hours, other than in an emergency,
when no notice or consent is required), any electrical installation in the Premises for
inspection. For the purpose of this paragraph electrical installation has the same
meaning as ascribed in the Electricity Act 1994; and(h)
    
    Where, due to limitations in the electricity supply, the Lessor is satisfied that for
the purpose of ensuring at all times a regular, efficient and constant electricity supply
it is necessary to restrict the electrical articles that may be used by the Lessee, the
Lessor may impose such restrictions in such manner and to such extent as the Lessor
considers reasonably necessary in the circumstances including the prohibition of the use
of any electrical article. For the purpose of this paragraph electrical article has the
same meaning as ascribed in the Electricity Act 1994.
 8.7
    
    Fire Equipment Alteration. The Lessee shall pay to the Lessor within 14 days of
receipt of written notification from the Lessor the cost of any alteration to the Fire
Equipment which is necessary by reason of the non-compliance by the Lessee with the
recommendations of the Insurance Council of Australia, any Statutory requirements or the
insurance requirements of the Lessor.8.8
    
    Toilets. If any toilets and washrooms are unserviceable or inadequate the Lessee and
the Lessees Associates shall not use such toilets or washrooms or they shall only use the
toilets and washrooms nominated by the Lessor.
 9     INSURANCES
 9.1
    
    Insurances.The Lessee must effect and keep in force in respect of the Premises and
the Licensed Area insurance:
 (a)
    
    Required by law; and(b)
    
    Which a prudent Lessee would take out including:
 (i)
    
    Insurances on the Lessees Fittings and stock-in-trade for full
replacement value;(ii)
    
    Plate Glass Insurance;(iii)
    
    Product Liability Insurance (for retail lessees only);(iv)
    
    Adequate Public Risk Insurance for an amount not less than the
amount stipulated in Item 11 of the Reference Schedule (or such higher
amount as the Lessor reasonably requires and notifies to the Lessee); and
 (c)
    
    Include the names of the Lessee and the Lessor, and any other person having an
interest in the Land as specified by the Lessor, for their respective rights and
interests.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 14 of 60and Water Act 2000
 
 Title Reference 16496089
 9.2
    
    Policies. In respect of all polices of insurance which the Lessee must effect under
this Lease, the Lessee must place those policies with an insurer approved by the Lessor
(that approval not to be unreasonably withheld):
 (a)
    
    For those amounts;(b)
    
    To cover those risks;(c)
    
    With only those conditions, endorsements and exclusions reasonably acceptable to or
required by the Lessor from time to time; and(d)
    
    Give the Lessor satisfactory evidence of compliance with its obligations under this
Clause 9.2, when asked to do so.
 9.3
    
    Insurances not to be Affected. The Lessee must not do anything that may affect
rights under any insurance or which may increase an insurance premium payable in
connection with the Premises, the Building or any property in them.9.4
    
    Lessees Insurance Premiums. The Lessee shall pay to the insurer all premiums and
charges payable in respect of any insurance policy effected by the Lessee under the
provisions of this Lease on or before the due date for payment.9.5
    
    Excess on Lessors Insurance. The Lessee shall pay to the Lessor within 14 days of
receipt of written notification from the Lessor all extra or excess premiums and other
charges for insurances on the Premises or the Building required on account of extra risk
caused by the Permitted Use or the Lessees Business or required by reason of the Lessees
default under the provisions of this Lease.9.6
    
    Benefit of Lessors Insurance. The Lessee shall not have any interest in or be
entitled to any benefit under any insurance policy effected by the Lessor unless the
Lessee is expressly named in such policy.
 10
    
    OPTION FOR FURTHER TERMIntentionally deleted.11
    
    PROVISION OF SECURITY
 11.1
    
    Application. This Clause 11 applies unless Item 12 of the Reference Schedule has not been
completed.11.2
    
    Delivery of Security. On or before the Commencement Date, the Lessee must deliver to the
Lessor the Bank Guarantee as security for the due and punctual performance of all the
covenants, obligations and provisions on the Lessees part contained in this Lease. the
Lessee may at any time during the Term of the Lease, in lieu of the Bank Guarantee deposit
with the Lessor the Security Deposit.11.3
    
    Calling Up Security. If the Lessee does not comply with any of its obligations
under this lease (including any extension or holding over), whether this lease is registered
or not, then the Lessor may, without notice to Lessee:
 (a)
    
    In the case of a Bank Guarantee, call on the Security; and(b)
    
    In the case of a Security Deposit, appropriate and apply so much of or the whole of
the Security Deposit,
 as may be necessary in the opinion of the Lessor to compensate the Lessor for loss or
damage sustained or suffered by the Lessor by reason of such breach by the Lessee. Any
such calling up or appropriation by the Lessor shall not be deemed to and shall not
operate to waive the Lessees breach and shall not prejudice any other right of the
Lessor arising from such breach.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 15 of 60and Water Act 2000
 Title Reference 16496089
 11.4
    
    Additional/Replacement Security.If the Lessor calls
on the Security or if the Rent is increased,
then no later than 7 days after the Lessor
gives the Lessee a notice asking for it, the
Lessee shall deliver to the Lessor a replacement or
additional Security so that the amount guaranteed is the amount
specified in Item 12 of the Reference Schedule. Unless
otherwise agreed in writing by the Lessor, the
replacement or additional Security must take the same form
as the Security previously held by the Lessor.11.5
    
    Return of Security.The Security (so far as it has not
been resorted to) shall be refunded or surrendered by the
Lessor to the Lessee upon:
 (a)
    
    The fulfilment by the Lessee of all of
its obligations under this lease; and(b)
    
    The payment of any damages awarded against or agreed by
the Lessee to be paid to the Lessor
for any breach by the Lessee of its obligations
under this lease.
 11.6
    
    Terms of Bank Guarantee.If a Bank Guarantee
is provided, in respect of the Bank Guarantee:
 (a)
    
    It must be expressed to be in favour of the Lessor
and any subsequent owner of the Land;(b)
    
    It must be obtained from a bank or
such other financial institution as the Lessor may
in its absolute discretion accept;(c)
    
    It must entitle the Lessor by notice in
writing to the provider of the bank guarantee to
make demand thereunder for an amount up to and including the
Security Amount;(d)
    
    It must contain a provision that the provider
of the Bank Guarantee is not allowed to inquire whether
or not the Lessor is entitled to make demand
under the Bank Guarantee;(e)
    
    It must not contain an expiry date;(f)
    
    It must be provided by the client/customer who
is the Lessee named in this Lease;(g)
    
    In the event that a payment is made to the
Lessor following a demand made under the Bank
Guarantee the Lessee must immediately provide a
fresh Bank Guarantee to the Lessor for an amount of
not less than the Security Amount so that at
all times the Bank Guarantee secures to the Lessor the
Security Amount;(h)
    
    On any permitted assignment of this Agreement
the incoming party must provide a substitute Bank
Guarantee; and(i)
    
    If the Lessor transfers its interest in the Land
the Lessee will provide a Bank Guarantee in
favour of the transferee in substitution for the Bank
Guarantee provided here under within fourteen (14) days
of written demand by the Lessor. Any charges levied by
the Lessees banker for the issue of a replacement Bank
Guarantee shall be borne by the Lessee.
 11.7
    
    Assignment by the Lessor.The Lessor will
be at liberty:
 (a)
    
    In the case of the Security Deposit, to
pay the Security Deposit (less any sums appropriated
by the Lessor in accordance with Clause 11.3 and
not reinstated); and(b)
    
    In the case of the Bank Guarantee, provide the
Bank Guarantee (to the extent that it has not been called
upon by the Lessor),
 to any assignee or transferee of the
Lessors interest in the Premises and thereupon the
Lessor shall be discharged from all liability to
the Lessee or any other person with respect to the
Security.
 11.8
    
    Investment of Security Deposit.If a Security
Deposit is provided, the Lessor will invest the
Security Deposit in the name of the Lessor in an interest
bearing account with a bank on call. All
interest accrued on the Security Deposit:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 16 of 60and Water Act 2000
 
 Title Reference 16496089
 (a)
    
    will become part of the
Security Deposit; and(b)
    
    belongs
to the Lessee; and(c)
    
    is
subject to clause 11.3.
 12
    
    GOODS AND SERVICES TAX
 12.1
    
    Recovery of GST.In the case of a Supply which is a
Taxable Supply:
 (a)
    
    The consideration payable to the Supplier will be
increased by an amount equal to the Applicable GST;(b)
    
    The Applicable GST shall be the GST payable on the Supply calculated in
accordance with the Act and on the value stipulated in the
Act in relation to the Supply;(c)
    
    The Applicable GST shall be added to the
consideration payable under the other provisions of this
Lease so as to form an additional part of the
consideration for the Supply.
 12.2
    
    Recipient to Pay.The Recipient will pay
the Applicable GST to the supplier, on the earlier
of the time of making payment of any monetary
consideration on which the Applicable GST is
calculated and written demand, and such amount will be a
debt due and owing by the Recipient to the Supplier
which is recoverable without deduction or setting off any
refund or counter claim.12.3
    
    Tax Invoice.The Supplier shall provide
the Recipient with Tax Invoices and/or Adjustment Notes
in relation to the Supply at least 14 days
before the payment is due (but shall not be obliged
or requested to create such invoices for amounts in
excess of amounts received, or due to be received,
from the Recipient) and do all things reasonably necessary
to assist the Recipient to enable it to claim
and obtain any input tax credit available to the Recipient in
respect of the Taxable Supply.12.4
    
    Reimbursement of Expenses.If either party is
required to pay, reimburse or indemnify the
other for the whole or any part of any cost, expense,
loss, liability or other amount that the other party has
incurred or will incur in connection with this Lease, the
amount must be reduced by the amount for which the other
party can claim an input tax credit.
 13
    
    MAINTENANCE, REPAIRS AND ALTERATIONS
 13.1
    
    Repair and Maintenance.
 (a)
    
    The Lessee must, at its own expense, keep
the Premises in good condition, having regard
to their condition at the Commencement Date
or, in the case of any part of the
Premises which has been renewed or renovated, to the
condition that part was in when it was renewed
or renovated.
 (b)
    
    This clause does not apply in respect of any
structural maintenance, replacement or repair unless it is
due to:
 (i)
    
    Any act, neglect, default or
omission of the Lessee; or(ii)
    
    The Lessees particular use or occupancy of
the Premises.
 (c)
    
    The Lessee agrees that the Premises were in good
condition at the Commencement Date.(d)
    
    Despite anything but subject to Clause 13.1(b), in order to
maintain warranties and system integrity, the Lessor must maintain
and repair all Air-Conditioning Equipment in the Building and
the Premises at its cost.
 13.2
    
    Cleaning by Lessee.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 17 of 60and Water Act 2000
 
 Title Reference 16496089
 (a)
    
    The Lessee must at its own expense and at all times
during the Term keep the Premises (including any toilets,
washrooms, kitchen or kitchenette installed in the Premises) clean,
tidy and free from rubbish and arrange for the regular and
prompt removal of all garbage from the Premises.(b)
    
    The Lessee must carry out its obligations
under this clause as frequently and to the
standard of cleanliness reasonably required by the
Lessor.
 13.3
    
    Maintenance of Lessees Fittings.The Lessee must,
at its own expense, keep and maintain the
Lessees Fittings clean, and in good working order and condition.13.4
    
    Rectification of any Damage.The Lessee must, at
its own expense, immediately make good or repair any
breakage, defect or damage to the Premises (including but
not limited to repair or replacement of broken glass),
or any other part of the Building, arising out of any
misuse or abuse of any facility or structure, or any breach of
the Lessees Obligations, by the Lessee or the
Lessees Associates.13.5
    
    Doors Locks and Windows.The Lessee shall keep
and maintain the doors, locks, windows and window fittings of
the Premises in good and efficient repair, order and
condition.13.6
    
    Bulbs Tubes and Illuminated Signs.The Lessee
shall replace all defective light bulbs, tubes
and associated fittings within the Premises.13.7
    
    Drains and Wastes.The Lessee shall keep, maintain
and repair the waste pipes, drains and conduits
originating in or connected to the Premises in a clear and free
flowing condition. The Lessee shall employ licensed tradesmen first
approved by the Lessor to rectify any defect which may occur
in such waste pipes, drains and conduits within the Premises. The
Lessee shall clean regularly any grease traps (whether within the
Premises or not) servicing the Premises exclusively.
Any defect which may occur in such waste pipes, drains and conduits between
the external boundaries of the Premises and the point
of entry into any trunk drain including sewerage pumping equipment
shall be rectified by the Lessor. The Lessee shall pay to the
Lessor within 14 days of receipt of written notification
from the Lessor the cost of that rectification work
unless the Lessee proves to the satisfaction of
the Lessor that such defect is caused without
default, negligence or wilful act or omission on the part of
the Lessee or the Lessees Associates.13.8
    
    Carpet.Where reasonably required by the Lessor,
and subject always to fair wear and tear (which is not at
the expense of the Lessee), the Lessee shall as
expeditiously as reasonably possible and to the satisfaction of
the Lessor rectify any damage or wear to the carpets, floor coverings, curtains
or drapes in the Premises by repair or
replacement with carpet, floor coverings, curtains or
drapes supplied by the Lessor at the Lessees
cost or first approved by the Lessor. The obligation under
this clause shall include lifting and reinstalling partitions
installed over any carpet or floor covering which
has been
damaged or worn. The obligations under this clause shall extend
to damage or wear caused by:
 (a)
    
    The relocation of partitions, fixtures or
fittings;(b)
    
    Use of the Premises whether consistent or
inconsistent with the Permitted Use;(c)
    
    The default, negligence or wilful act or omission of the
Lessee or the Lessees Associates;(d)
    
    Solids, ink or other
fluids kept on the Premises; or(e)
    
    Any furniture, safe, compactus or other equipment.
 13.9
    
    Re-Carpeting.On the expiration or earlier termination of this
Lease, the Lessee must replace the carpet or floor coverings
installed in the Premises due to wear and tear beyond
fair wear and tear and the Lessee shall pay the cost of
lifting, removing, storing and reinstalling partitions, fixtures and fittings, safes,
compactuses and other items installed in the Premises. The
Lessee shall not install or use in the Premises any
carpet, floor covering, curtains, drapes or other soft
furnishings other than as supplied or first approved
by the Lessor.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 18 of 60and Water Act 2000
 
 Title Reference 16496089
 13.10
    
    Lessor May Enter and Inspect.The Lessor
may, at any time on giving the Lessee
reasonable written notice (deemed to be at least 24
hours) (other than in an emergency, when no notice or consent
is required) enter the Premises for the purpose of
determining if the Lessee is complying with the Lessees
Obligations.13.11
    
    Lessor May Enter and Effect Works.
 (a)
    
    The Lessor may, at any time, on giving
the Lessee reasonable written notice (deemed to be at least
5 Business Days) (other than in an emergency, when no
notice is required) enter the Premises with any
workmen or materials and effect any works:
 (i)
    
    Necessary to comply with any requirement,
notification or order (for which the Lessee is not
liable under this Lease) of any Governmental
Agency; or(ii)
    
    Associated with any repairs, renovations,
maintenance, extensions or alterations to the
Building regarded as necessary or desirable by
the Lessor; and
 (b)
    
    The Lessor, in exercising its powers under this clause,
must use its reasonable endeavours to cause as little
inconvenience to the Lessee as possible in the
circumstances.
 13.12
    
    Alterations.
 (a)
    
    The Lessee must not, without the Lessors
prior written consent, make any alterations to the
Premises or the Building (including, without limiting the
generality of the foregoing installing any Lessees Fittings
or altering any Lessees Fittings already installed).(b)
    
    The Lessor may, as a pre-condition to giving its
consent under this clause, require the Lessee to:
 (i)
    
    Submit plans, drawings and specifications of
any proposed works, prepared by a qualified consultant
approved by the Lessor; and(ii)
    
    Vary such plans, drawings and specifications if
reasonably required by the Lessor or
the Lessors consultant.
 (c)
    
    The Lessor must, as soon as reasonably practical
and in any event not later than 10 business days after
receipt of the Lessees plans, drawings and specifications,
provide the Lessee with written notice that the
Lessees proposed alterations to the Premises have or
have not been approved or advise of such
variations that the Lessor, acting reasonably requires.(d)
    
    If the Lessor consents to the Lessee carrying
out any works under this clause the
Lessor may impose conditions, including specifying:
 (i)
    
    Which parts of the Premises must
be reinstated; and(ii)
    
    Which items of Lessees Fittings
installed as part of the works may not be removed,
when the Lessee vacates the Premises.
 (e)
    
    The Lessee must ensure that any works are carried out:
 (i)
    
    According to any plans, drawings or
specifications approved by the Lessor;(ii)
    
    By contractors approved by the Lessor
acting reasonably;(iii)
    
    In a proper
and workmanlike manner;(iv)
    
    According to
all Laws and the requirements of any
relevant Governmental Agency;(v)
    
    According to
the Lessors reasonable requirements; and




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 19 of 60and Water Act 2000
 
 Title Reference 16496089
 (vi)
    
    According to the Environmental
Objectives set out in Clauses 25 and 26
of the Lease.
 (f)
    
    The Lessee must ensure that any contractors engaged by
the Lessee (and approved by the Lessor acting
reasonably) effect and maintain a contractors all risk
insurance policy noting the names of the Lessor,
the Lessee and the Lessors mortgagee (if any) and
their respective rights and interests.
 13.13
    
    Painting and Maintenance.
 (a)
    
    The Lessee must paint, repaint, paper, clean or otherwise
appropriately treat each part of the Premises usually treated that
way in a good and workmanlike manner and using good quality
suitable materials approved by the Lessor in writing:
 (i)
    
    From time to time, if
necessary or reasonably required by the Lessor; and(ii)
    
    On the expiration or earlier
termination of this Lease; and
 (b)
    
    This
clause is without prejudice to other
provisions of this Lease.
 14
    
    LESSORS OBLIGATIONS
 14.1
    
    Quiet Enjoyment.While the Lessee is paying
the Rent and complying with the Lessees Obligations, the Lessee
is entitled to use the Premises during the Term
without any interruption or disturbance from the Lessor
or any other person authorised by the Lessor, except to
the extent specifically provided for in this Lease.14.2
    
    Lessors Successors and Assigns.If a person other than
the Lessor becomes entitled either by operation of law or
otherwise to receive the Rent and other money payable
under the provisions of this Lease, that person shall
have the benefit of the provisions of this Lease on
the Lessees part. Upon demand by the Lessor, the
Lessee shall enter into a covenant with that other person in that
regard upon such terms as the Lessor may reasonably require.
 15
    
    COMMON AREAS
 15.1
    
    Control of Common Areas.The Common Areas
are subject to the control of the Lessor at all times. The Lessor may permit
the granting to any person of exclusive use of the Common
Areas for any purpose, during any period and on any terms
and conditions the Lessor thinks fit (in its absolute
discretion).15.2
    
    Use of Common Areas.Subject to the Lessors
rights under the provisions of this
Lease, the Lessee and the Lessees Associates may
during Normal Business Hours in common with others having
like rights:
 (a)
    
    Use the vestibules, footways, passages, stairways and
Elevators in the Common Areas; and(b)
    
    Use the toilets, washrooms, tea rooms and other
facilities provided by the Lessor (if any) for the common use
of all lessees of the Building,for the purposes for which they are provided. The
Lessee and the Lessees Associates shall not
use the Common Areas for any other purpose.
 15.3
    
    Obstruction of Common Areas.The Lessee and
the Lessees Associates shall not obstruct any part of the
Common Areas.15.4
    
    Maintenance of Common Areas.The Lessor may do
anything in respect of the Common Areas considered desirable to
improve the use of the Building by customers of the
lessees of the Building, the convenience of those
customers, or the advertising or promotion of the Building, including,
without limitation:
 (a)
    
    Constructing, maintaining and operating lighting facilities;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 20 of 60and Water Act 2000
 Title Reference 16496089
 (b)
    
    Policing the Common Areas; and(c)
    
    Temporarily closing any or all of the Common Areas or
facilities for repairs or similar purposes,
 PROVIDED HOWEVER
 15.5
    
    Closure of Common Areas.The Lessor may
restrict access to the Common Areas and may close off the entrances or
exits to the Building but not so as to prevent reasonable
access by the Lessee to the Premises during Normal
Access Hours.15.6
    
    Functions and Displays.Except to the extent it
materially adversely affects the Tenants Business, the Lessor
may permit any person to hold a function or exhibition or
display any merchandise or organise any parade in the
Common Areas at such times and upon such terms as
the Lessor may think fit.15.7
    
    Public Address System.Except to the extent it
materially adversely affects the Tenants Business, the Lessor may
provide a public address system in the Common Areas and may
play or broadcast or permit any other person to play
or broadcast music or announcements.15.8
    
    Directory Boards.The Lessor shall have the
sole control of any directory boards provided by the Lessor in the
Building. The Lessor may allot space for the names and
descriptions of the lessees of the Building. The form of the
Lessees name and description shall require the Lessors prior consent and
if approved shall be erected by the Lessor at the cost
of the Lessee.15.9
    
    Exclusion of Trespassers.The Lessor may for as
long as the Lessor thinks fit exclude or
restrain any persons other than the Lessee and bona fide
Lessees Associates from entering upon the Building or
from using or occupying the Common Areas. For the
purposes of this clause a Lessees Associate shall not be
bona fide if the Lessees Associate breaches the
terms of this Lease or in the Lessors reasonable
opinion is likely to breach the terms of this Lease.
 16
    
    INDEMNITIES AND RELEASE
 16.1
    
    Risk.The Lessee agrees to occupy, use and keep the
Premises at its own risk.16.2
    
    Specific Indemnities.The Lessee is liable
for and indemnifies the Lessor against liability or loss
arising from, and cost incurred in connection with:
 (a)
    
    Damage to, or loss of property or
death or injury to any person caused or contributed to
by a breach of this Lease or the act, negligence,
omission or default of the Lessee or the
Lessees Associates;(b)
    
    The Lessor doing anything which the Lessee is
obliged to do under this Lease but has not done or which
the Lessor, acting reasonably, considers the Lessee has
not done properly; or(c)
    
    Any failure by the Lessee to comply with
a requirement under a building
management statement that regulates, among other things, the Building
of which the Premises form part.
 16.3
    
    Release of Lessor.The Lessee releases the
Lessor from, and agrees that the Lessor is
not liable for, liability or loss arising from, or costs
incurred in connection with:
 (a)
    
    Any damage to, or loss of property
or death or injury to any person unless it
is caused by the act, omission, negligence or default
of the Lessor; or(b)
    
    Any failure by the Lessee to comply with
a requirement under a building management statement that
regulates, among other things, the Building of which the
Premises form part.
 16.4
    
    Supply Failure.Without limiting Clause 16.3 except to the
extent caused or contributed to by the Lessors (or its
employees, agents or contractors) negligence or wilful
acts or omissions:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 21 of 60and Water Act 2000
 
 Title Reference 16496089
 (a)
    
    the Lessee releases the Lessor from, and agrees
that the Lessor is not liable for, liability
or loss arising from, or costs incurred in
connection with:
 (i)
    
    A Service being interrupted or not
working properly;(ii)
    
    The Lessors plant, machinery or equipment
not working properly; or(iii)
    
    Any failure in operation or
defective operation of any facility, plant,
machinery or equipment located or used in
the Building (whether or not owned by the
Lessor); and
 (b)
    
    subject to the Lessees rights in
respect of the Lessors (or its employees,
agents or contractors) negligence or wilful acts
or omissions, the Lessee may not terminate
this Lease or claim any compensation or abatement by
reason of anything referred to in nor are any of the
Lessees obligations abrogated or suspended.
 17
    
    RESTRICTIONS ON CHARGES, ASSIGNMENTS AND SUBLEASES
 17.1
    
    Restrictions.Subject to Clause 17.2, the Lessee
must not, without the Lessors consent (such consent
not to be unreasonably withheld):
 (a)
    
    Assign, transfer or otherwise deal with the Lessees
interest in the Premises;(b)
    
    Demise, sublet or part with possession of
or grant any concessions, franchises or licences affecting the
Premises;(c)
    
    Mortgage, charge or encumber the Lessees
interest in the Premises; nor(d)
    
    By any act or
deed procure any of those things.
 17.2
    
    Modification of Restrictions.The Lessee may only deal with
the Lease or its interest in the Lease in the
manner set out in Clause 17.1 if, before
it does so, the following conditions are satisfied:
 (a)
    
    The Lessee is not in default of any of the
Lessees Obligations;(b)
    
    In the case of an assignment, transfer, subletting,
franchise or licence arrangement:
 (i)
    
    The Lessee satisfies the Lessor
(acting reasonably) that the incoming
party (whether assignee, transferee,
sub-lessee, franchisee or licensee) is:
 (A)
    
    A respectable, responsible and
solvent person;(B)
    
    Able to carry on the
business which this Lease allows in the
Premises; and(C)
    
    Of satisfactory
financial standing with equivalent retail
experience as the Lessee; and
 (ii)
    
    The incoming party enters into a covenant
with, and in the form reasonably required by, the
Lessor that the incoming party must comply with
all the Lessees Obligations; and(iii)
    
    Any guarantee and indemnity which
the Lessor reasonably requires is provided; and
 (c)
    
    In the case of a mortgage, charge or
encumbrance:
 (i)
    
    The Lessee seeks the prior
approval of the Lessor, which
approval will not be unreasonably withheld;
and




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 22 of 60and Water Act 2000
 
 Title Reference 16496089
 (ii)
    
    The Lessee ensures that the prospective
mortgagee, chargee or encumbrancee enters into an
agreement with the Lessor in a form acceptable
to the Lessor, acting reasonably.
 17.3
    
    Change in Control of Lessee.
 (a)
    
    If the Lessee is a company that is not listed
on the Australian Securities Exchange (or the subsidiary of
such a company), then a change in the Controlling
Persons of the Lessee is deemed to be a breach of this
Lease unless the Lessor first gives written consent
to the change.(b)
    
    The Lessor will consent to a change
in the Controlling Persons of the Lessee if:
 (i)
    
    The proposed new Controlling
Persons would (under Clause 17.2(b)) be
acceptable transferees of this Lease; and(ii)
    
    Any guarantee and indemnity reasonably
required by the Lessor is provided.
 17.4
    
    Lessees Obligations Not Affected by Approved
Assignment, Transfer or Sublease.A dealing
permitted by the Lessor under this Clause 17 does not
release the Lessee from the Lessees liability under the
Lease.17.5
    
    Costs.The Lessee is responsible for any costs
which the Lessor may reasonably incur in
respect of or arising pursuant to this Clause 17.
 18
    
    DEFAULT, TERMINATION ETC
 18.1
    
    Lessors Right to Terminate.
 (a)
    
    The Lessor may terminate this Lease if there is an Event
of Default which the Lessee does not remedy within
a reasonable time of being given a notice
to do so. A notice given under section 124 of
the Property Law Act 1974 is a notice for the
purposes of this Clause.(b)
    
    The Lessor may terminate this Lease by giving the
Lessee notice or by re-entry if the Lessee:
 (i)
    
    Repudiates its obligations under this Lease;(ii)
    
    Does not comply with an essential term of this
Lease;(iii)
    
    Does not comply with an obligation under
this Lease (which is not an essential
term) and, in the Lessors reasonable opinion:
 (A)
    
    The non-compliance can be remedied,
but the Lessee does not remedy it
within a reasonable time after the
Lessor gives the Lessee notice to
remedy it;(B)
    
    The non-compliance cannot be
remedied or compensated for; or(C)
    
    The non-compliance cannot be
remedied but the Lessor can be
compensated and the Lessee does not
pay the Lessor compensation for the
breach within a reasonable time after
the Lessor gives the Lessee notice to
pay it.
 18.2
    
    Essential Terms
 (a)
    
    Each obligation of the Lessee under Clauses 3
(Rent), 5.1 (Payment of Outgoings), 6.1 (Payment
of Services to the Premises), 6.4 (Special Services);
6.5 (Costs, Charges and Expenses), 6.7 (Cleaning),
7.1 (Permitted Use), 7.2 (Conduct of
Business), 7.3 (Retail Shop Leases Act
1994), 7.4 (Requirements of any Law or
Government Agency), 7.8 (Prohibited Conduct), 7.11
(Overloading), 7.13 (Compliance with Fire Regulations),
8.6 (Bulk Supply of Electricity), 8.7 (Fire
Equipment Alteration), 9 (Insurances), 11 (Provision
of Security), 12 (Goods and Services
Tax), 13 (Maintenance, Repairs and Alterations), 16




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 23 of 60and Water Act 2000
 
 Title Reference 16496089
 (Indemnities and Release),17.1, 17.2 and 17.3 (Restrictions,
Modification of Restrictions and Change in Control
of Lessee), and 23.4 (Interest) is an essential
term of this Lease.
 (b)
    
    Each obligation of the Lessor under Clauses
8.3 (Air-Conditioning), 8.5 (Elevators), 13.1(d) (Repair and
Maintenance), 23.17
(Operation) is an essential term of this Lease.
 18.3
    
    Right to Damages and Indemnity.
 (a)
    
    If the Lessor terminates this Lease pursuant to
Clause 18.1:
 (iv)
    
    The Lessees liability for damages for
not complying with the Lease is not affected;
and(v)
    
    The Lessee must compensate the
Lessor for the Rent and any other
amounts that would have been payable by the Lessee if
this Lease was not terminated.
 (b)
    
    Subject to the Lessors duty to mitigate
any loss or liability, if this Lease is terminated
pursuant to Clause
18.1, then the Lessee indemnifies the
Lessor against any liability or loss
arising from, and any cost incurred, whether
before or after termination of this Lease, in connection
with the Lessees breach of this Lease and the
termination of this Lease including the loss
to the Lessor of the benefit of the Lessee
performing its obligations under this Lease from
the date of that termination until the
Expiry Date.
 18.4
    
    Lessor May Rectify Lessees Breaches.The Lessor
may do anything which the Lessee should have done
under this Lease but which it has not done or which
the Lessor, acting reasonably, considers it has not
done properly, and any costs incurred by the Lessor in
taking such action shall be recoverable from the Lessee as
a debt due and owing.
 18.5
    
    Antecedent Breaches.Expiration or earlier
termination of this Lease does not affect
any rights in connection with a breach of this
Lease before then.
 18.6
    
    Power of Attorney.
 (a)
    
    The Lessee appoints the Lessor and
its officers severally as the Lessees attorney to act at
any time after the Lessors power to re-enter has been
exercised to:(b)
    
    Execute and sign a surrender of this Lease
and procure the surrender to be registered, using
the name of the Lessee for such purposes;(c)
    
    A statutory declaration of the Lessor
or an officer of the Lessor that the rights of
the Lessor under paragraph (a) are exercisable will be treated
as conclusive evidence of its contents in favour of
any person who is not a party to this
Lease; and(d)
    
    The Lessee must ratify and confirm
anything lawfully done or caused to be done
by the Lessees attorney in accordance
with this clause 18.6.
 18.7
    
    Termination or Abatement on Damage.
 (a)
    
    The following provisions apply if all or any part of
the Premises or the Building is destroyed or
damaged by fire, flood, lightning, storm, tempest or
other disabling cause which, in the reasonable opinion of
the Lessor:
 (i)
    
    Renders the Premises substantially
unfit for use and occupation by the Lessee
during the Term;(ii)
    
    Deprives the Lessee of substantial
use of the Premises; or(iii)
    
    Renders the rebuilding or
reconstruction of the Premises or the
Building in their previous forms impracticable or
undesirable.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 24 of 60and Water Act 2000
 
 Title Reference 16496089
 (b)
    
    If the circumstances in paragraph (a)
arise, either the Lessor or the Lessee, by notice
in writing to the other, may terminate this Lease
without compensation. Before the Lessee may give notice to
terminate the Lease, the Lessor must have failed to
rebuild or reinstate the Premises within a reasonable
time after a request in writing by the Lessee
to do so.(c)
    
    Termination under this clause is without prejudice
to any rights of the Lessor and Lessee in
respect of any prior breach, matter or thing.(d)
    
    There is no obligation on the Lessor
to rebuild or reinstate the Premises or the
Building or otherwise make them fit for occupation.(e)
    
    The Rent and the Lessees contribution to
Outgoings (or proportionate amounts) abate according to the nature and
extent of the damage or destruction which occurs, until:
 (i)
    
    The Premises are made fit for
the Permitted Use again; or(ii)
    
    The Lease is terminated under the
provisions of this clause,
  (f)
    
    The rights of the Lessee under this clause
do not apply if:
 (i)
    
    The destruction or damage is
caused or contributed to by the
Lessee or the Lessees Associates; or(ii)
    
    The Lessor fails to receive the
benefit of any insurance in respect
of the destruction or damage due to any
wilful or negligent act or omission of the
Lessee or the Lessees Associates.
 (g)
    
    If a dispute (not being a dispute in respect
of interpretation) arises in respect of this clause:
 (i)
    
    The dispute must be determined
by a qualified valuer agreed upon by
the Lessor and Lessee;(ii)
    
    If the Lessor and Lessee
fail to agree within seven (7) days, a qualified
valuer may be appointed at the request of
either the Lessor or the Lessee by
the president for the time being of the Australian
Property Institute (Queensland Division);(iii)
    
    The valuer acts as an expert and not as an
arbitrator and the law relating to arbitration
is not to be applied; and(iv)
    
    The decision of the valuer (including any
decision as to costs) is final and binding except
for fraud or manifest error.
 19
    
    HOLDING OVER, REMOVAL OF LESSEES FITTINGS ETC
 19.1
    
    Holding Over.
 (a)
    
    The Lessee, with the consent of the
Lessor, may hold over after the expiry of the Term or
any Further Term or earlier termination of this
Lease.(b)
    
    The Lessee holding over under this clause is
a monthly Lessee of the Lessor at a rental
equal to a monthly proportion of the Rent and
any other moneys payable by the Lessee under the Lease
increased by 8% per annum, at the date of
expiry or earlier termination. The applicable terms
and conditions of the Lease apply.
 19.2
    
    Make Good at End of Term.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 25 of 60and Water Act 2000
 Title Reference 16496089
 (a)
    
    At the commencement of this Lease, or
in the case of a new fitout, when the new
fitout has been completed, the Lessor and Lessee
agree to commission a Quantity Surveyor to prepare
a report on the condition of the Premises and
the Licensed Area (Condition Report) to be signed
and dated by both the Lessor and Lessee. The
Lessor and Lessee shall bear the cost of the
preparation of the Condition Report equally.(b)
    
    At the expiry of, or alternatively, the earlier determination of
this Lease, the Lessor and Lessee agree to commission
the preparation of a make-good schedule by a Quantity
Surveyor. The Lessor and Lessee agreed to abide by the
Royal Institute of Chartered Surveyors best practice guidance
notices in relation to the make good of the Premises
as a basis to resolving any disputes. The
Lessor and Lessee shall bear the cost of
preparation of the make good schedule equally.
 19.3
    
    Removal of Lessees Fittings.
 (a)
    
    Subject to paragraphs (b) and (c), the
Lessee:
 (i)
    
    May, at or before the expiration or
earlier termination of the Lease; and(ii)
    
    Must, if required by the
Lessor, on or prior to the expiration
or earlier termination of the Lease,
 remove from the Premises, the Licensed
Area and the Building all Lessees Fittings and/or
the Lessors Property (where such Lessors Property
was part of the Lessees fitout works paid for
by the Lessor) or other items brought on or
installed in the Premises or the Licensed Area
by the Lessee, including without limitation all
signs fixed to or painted upon any windows or
doors (unless otherwise provided in this Lease)
so that the Licensed Area and the
Premises are returned to a base
building (open plan) configuration.(b)
    
    The Lessee must remove those items without damaging
the Premises, the Licensed Area or the Building and
must immediately make good any damage which occurs.(c)
    
    The Lessee must ensure the removals contemplated under
paragraph (a) are carried out outside normal trading hours of
other occupants within the Building if in the Lessors
opinion to do otherwise would cause undue disruption of other
occupants of the Building.
 19.4
    
    Lessees Fittings Not Removed.
 (a)
    
    The Lessor, to the extent that the Lessee
does not comply with Clause 19.3, may remove and
dispose of any such items not removed by the
Lessee, as if they were the property of the
Lessor.(b)
    
    The Lessee indemnifies the Lessor against any
damage, expense, loss or liability suffered or incurred by
the Lessor in respect of paragraph (a).
 19.5
    
    Yielding Up.On the expiration or earlier
termination of this Lease, the Lessee must:
 (a)
    
    Give the Premises and the Licensed
Area back to the Lessor clean, free from rubbish
and in a condition consistent with full compliance with the
Lessees Obligations;(b)
    
    To the extent required by the Lessor,
reinstate the Premises, the Licensed Area and Services
to the Premises and the Licensed Area which were altered
to suit the Lessees requirements before or during the
Term, so that:
 (i)
    
    The Premises and the Licensed Area are
in the state and condition they were in before the
alterations were made; and(ii)
    
    The Services conform to the standard for
those Services prevailing in the Building;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 26 of 60and Water Act 2000
 Title Reference 16496089
 (c)
    
    Repair any damage to the Premises, the Licensed
Area or the Building resulting from the performance by
the Lessee of its obligations under this clause;(d)
    
    Without limiting or being limited by sub-clauses
(a) to (c), the Lessee must:
 (i)
    
    Replace Services. Put all the
Services into either the standard configuration for
the Building as notified by the Lessor (or,
if required by the Lessor, into such other
positions as notified by the Lessor as
long as the cost to the Lessee of
putting the Services in other positions is no greater
than the cost, estimated by the Lessor in
good faith, of putting the Services into
the standard configuration for the
Building). The Lessees replacement obligations include
installing new cables, conduits, wires, ducting, piping and pipes (of
a standard not less than that then
existing) to connect the Services
so that they are operational once in the
required positions. The Lessee must have
the replacement of the Services carried out
by contractors approved by the Lessor and
in accordance with procedures approved by
the Lessor acting reasonably;(ii)
    
    Remove Cables. Remove all telephone
data lines to the MDF floor riser
position, cables, conduits, wires, ducting, piping and
pipes and additional equipment of any
kind (for example, air-conditioning units)
in or servicing the Premises and the
Licensed Area installed by or on
behalf of the Lessee, the Lessees
Associates or any other prior occupier of
the Premises (or any sublessee or licensee of any
of them), other than those necessary for the Services
to be operational;(iii)
    
    Replace Carpet. In respect of
wear and tear beyond reasonable wear and
tear which excludes any damage caused by
castors, replace the carpet with new
carpet approved by the Lessor of a
standard not less than that of the carpet
then provided by the Lessor to premises in
the Building;(iv)
    
    Steam Clean Carpet. Unless the
carpet is newly laid, have it steam
cleaned by a reputable contractor;(v)
    
    Ceiling Support Grid. Put the ceiling
support grid and ceiling tiles into good
repair, order and condition (including
replacement of damaged grid and tiles
and such further replacements as are needed
to make replacements inconspicuous);(vi)
    
    Reinstate Holes in Structure. Make good
and reinstate the structure of any part of the
Building into which any penetration or
cavity has been made by or on
behalf of the Lessee, the Lessees
Associates or any other prior occupier of the
Premises;(vii)
    
    Remove Fitout. Remove fitout from
the Premises even if the Lessor
owns it or has paid for it.(viii)
    
    Other Repairs. Repair or
replace window mullions, skirtings, facades on core
walls and other parts of the Building which
have been damaged because of installation of
the Lessees Fittings, removal of the Lessees
Fittings or otherwise; and
 (e)
    
    Immediately repair any damage to the
Premises or the Building arising out of
any act, default, misconduct, neglect, negligence or omissions of
any kind by the Lessee or the Lessees Associates.
 20
    
    SUBDIVISION
 20.1
    
    Subdivision.If the Lessor shall at any time
during the Term seek to subdivide the Building or any
part of the Building, the Lessee will immediately upon receipt
of:
 (a)
    
    A written request from the Lessor under this
clause; and




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 27 of 60and Water Act 2000
 Title Reference 16496089
 (b)
    
    A new lease document in respect of the
Premises capable, after stamping of immediate
registration in the appropriate office following the
registration of the plan of subdivision on the terms set out in Clause
20.2 together with necessary ancillary documentation,
 deliver to the Lessor:
 (a)
    
    A duly executed surrender of this Lease in a
form capable, after stamping, of immediate registration in the
appropriate office and to take effect from the date the Lessee
signs such surrender or the date (if any) specified in the
request referred to in paragraph (a) of this clause,
whichever is the later; and(b)
    
    The duly executed documentation referred to in
paragraph (b) of this clause.
 20.2
    
    Terms of New Lease.The new lease referred
to in Clause 20.1(b) shall be on the terms and conditions
contained in this lease except that:
 (a)
    
    The date of commencement of the new lease shall
be the date of registration of the plan of
subdivision and thus the term of the new lease shall
be shorter than the Term;(b)
    
    The amount of the Rent payable from the date of
commencement of the new lease shall be equal to the amount
of the Rent payable at the date of surrender of this
Lease; and(c)
    
    The terms and conditions of the new lease shall
be varied to reflect the change in the character
of the Lessors estate or interest in the Land.
 In the event of a dispute between the Lessor and
the Lessee as regards the terms and conditions
of the new lease, the Lessor or the Lessee may
refer such dispute to a person nominated by the president or
chief executive officer, for the time being, of the
Queensland Law Society Incorporated. Such nominated person shall act as an
expert and his or her determination shall be
final and binding upon both parties. The fees of such
person shall be borne by both parties in equal shares.
 20.3
    
    Interim Lease.In the event that the Lessor
exercises the Lessors rights under this part the Lessee
shall occupy the Premises between the date of surrender of this
Lease and the date of commencement of the new lease and the
terms and conditions of such occupancy shall be the same
as the terms and conditions of this Lease.
 20.4
    
    Lessors Costs and Duty.The Lessor shall:
 (a)
    
    Be responsible for its own costs associated
with any surrender of this Lease and any grant
of a new lease under this part;(b)
    
    Pay any lodgement fees on the surrender of this
Lease and any new lease under this part; and(c)
    
    Pay any duty on any new lease under this
part that relates to the period up to and
including the Expiry Date.
 20.5
    
    Lessees Costs and Duty.The Lessor shall
be responsible for the Lessees reasonable costs and
expenses (including legal costs and expenses) associated with any
surrender of this Lease and any grant of a new lease
under this Clause.
 21
    
    CAR PARK LICENCE
 21.1
    
    Permitted Use.The Lessor grants a licence to the
Lessee to use the Car Park License Area for the
parking of 15 vehicles and for no other purpose
during the Term of the Lease provided the Lessee, at
all times, complies with the Lessees Obligations (Car Park
Licence).21.2
    
    Events leading to termination.The Lessor is
entitled to immediately terminate this Car Park Licence by
notice to the Lessee if:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 28 of 60and Water Act 2000
 Title Reference 16496089
 (a)
    
    any part of the Car Park Licence Fee is
unpaid for 14 days after written demand for
payment is made;(b)
    
    the Lessee fails to comply in any
other way with this Car Park
Licence and fails to remedy the breach within
14 days of written demand by the Lessor that
it do so;(c)
    
    the Lessee fails to comply in any other way
with the Lease and fails to remedy the breach
within 14 days of written demand by the Lessor
that it do so;(d)
    
    the Lessee ceases to be the lessee under
the Lease (other than the case of an assignment
to any permitted transferee of the Lease); or(e)
    
    the Lessee vacates the Premises.
 21.3
    
    Licence Fee.During the term of this Car
Park Licence, the Lessee must pay the Lessor the Car
Park Licence Fee by equal monthly instalments in advance on the first
day of each month. If necessary, the first and last instalments
will be apportioned on a daily basis.21.4
    
    Licence Fee review.The Car Park Licence Fee is
increased on and from each Review Date of the Lease
in the same manner as the Rent payable under Lease is
increased.21.5
    
    Provision for Adjustment/Deferment of Review
 (a)
    
    If the amount of the revised Car Park Licence
Fee has not been agreed or determined by
the relevant Review Date the Lessee must
continue to pay the Car Park Licence Fee to the
Lessor at a rate equal to the Car Park Licence Fee
payable during the 12 month period immediately preceding the
relevant Review Date until the revised licence fee is
ascertained.(b)
    
    When the revised Car Park Licence Fee is
ascertained, any necessary adjustment of the Car Park
Licence Fee calculated from the relevant Review Date must be paid
by the Lessee to the Lessor within fourteen (14)
days of the revised Car Park Licence Fee being ascertained.
 21.6
    
    Insurances
 (a)
    
    The Lessee must maintain a public risk
policy insurance to cover claims arising in connection with the use of
the Car Park License Area and this Car Park Licence
for an amount of not less the Public Risk Insurance
Maximum Sum (or such higher amount required by the
Lessor), in respect to any single act.(b)
    
    The Lessee must ensure that a policy of
insurance required to be effected by the Lessee
under clause 21.6(a):
 (i)
    
    has no unusual exclusions, endorsements or
alterations unless first approved by the
Lessor; and(ii)
    
    contains a clause providing
that any act, neglect, fraud,
misrepresentation, misdescription, non-disclosure or
breach of condition or warranty by any individual
party comprising the insured whether
occurring prior to or during the
policy period will not prejudice, reduce or
render void the rights of the other parties
comprising the insured who are themselves
not guilty of the act, neglect, fraud,
misrepresentation, misdescription, non-disclosure or
breach of condition or warranty that any rights to
cancel the policy will only be exercised in
respect of the party whose acts or omissions have given
rise to the right.
 (c)
    
    The Lessee must:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 29 of 60and Water Act 2000
 Title Reference 16496089
 (i)
    
    pay all premiums and other money payable in
respect of its insurances by the due date;
and(ii)
    
    if requested by the Lessor, produce
policies of insurance which the Lessee is
required to effect under this clause 21.6 and
a certificate of insurance.
 (d)
    
    The Lessee must notify the Lessor if:
 (i)
    
    an insurance policy under clause 21.6(b)
is cancelled;(ii)
    
    something happens that gives rise
or might give rise to a claim; or(iii)
    
    a claim under the policy is
refused.
 (e)
    
    Nothing in this clause 21.6 limits the
obligations, liabilities and responsibilities of the Lessee
under the licence or otherwise.
 21.7
    
    Lessors regulations.The Lessee must:
 (a)
    
    follow all reasonable instructions given by
the Lessor for the use of the Car Park Licence
Area and parking of Vehicles; and(b)
    
    comply with the reasonable directions and
regulations displayed in the Car Park Licence Area.
 21.8
    
    Use of Car Park Licence Area.The Lessee must
not:
 (a)
    
    cause or permit any rubbish to be left in or
about the Car Park Licence Area;(b)
    
    grease, oil, wash or
repair any Vehicles in the Car Park Licence Area;(c)
    
    write, paint, affix or erect notices, advertisements,
signs or other devices in the Car Park Licence Area;(d)
    
    cause any damage or obstructions in the Car Park Licence Area;(e)
    
    allow Vehicles in the Car park Licence
Area that:
 (i)
    
    are not roadworthy;(ii)
    
    emit excessive fumes;(iii)
    
    have a tare weight of more than 2.5 tonnes;
 (f)
    
    cause or permit any storage or leaking of flammable
petroleum or fuel in the Car Park Licence Area, other
than petroleum or fuel in the Vehicles fuel tank;(g)
    
    cause or do anything that is a breach of
any Laws for the maintenance and use of the Car
Park Licence Area; or(h)
    
    allow the Car Park Licence Area to be
used in any noxious or offensive manner or do or permit any
nuisance, annoyance or obstruction to the Lessor or other users,
occupiers or tenants of any adjoining or nearby premises.
 21.9
    
    Storage of Equipment.The Lessee must not store any
equipment within the Car Park Licence Area.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 30 of 60and Water Act 2000
 Title Reference 16496089
 21.10
    
    Make Good.On termination of this Car Park Licence,
the Lessee must deliver the Car Park Licence Area
to the Lessor in good repair, order and condition, clean and free from
rubbish, without any of the Lessees and Lessees
Associates (excluding trespassers) Vehicles, and reinstate the
Car Park Licence Area to its condition as at
the Commencement Date, fair wear and tear excepted, in a
manner consistent with the requirements of Clause 21.8.21.11
    
    Lessees general environmental
obligations
 (a)
    
    The Lessee
must:
 (i)
    
    comply with all Environmental Laws;(ii)
    
    obtain and comply with any
consent, authorisation or licence required
by an Environmental Law to use the Car Park
Licence Area;(iii)
    
    provide all reasonable assistance
to and comply with all reasonable
requests of the Lessor regarding the Lessees
use or occupation of the Car Park Licence Area,
and(iv)
    
    take all steps necessary to
prevent the release of a contaminant which
may cause or is likely to cause harm to
the Car Park Licence Area or the
Environment.
 The Lessee must ensure that the Lessees Associates
comply with the Lessees general environmental
obligations in this clause 21.(b)
    
    The Lessee must notify the Lessor as soon as
it becomes aware of any of the following:
 (i)
    
    a leak, spill, escape, release Lease,
or loss of contaminant of any substance on or from
the Car Park License Area whether
or not that
leak, spill, escape, release, or loss of
contaminant directly or indirectly causes or
is likely to cause harm to the
Car Park Licence Area or the Environment;(ii)
    
    a complaint (whether written or oral) relating to the
Environment, received by the Lessee or the Lessees Employees in
relation to the use or occupation of the Car Park Licence Area; or(iii)
    
    a notice, order, direction
or other communication received by the
Lessee from an Authority in connection
with the Lessees use or occupation of the Car Park
Licence Area.
 The Lessee must provide the Lessor as soon
as practicable, details and copies of any notice,
order, direction, or other communication received from an Authority
concerning any matter referred to in this clause 21.11.
 (c)
    
    Despite any other provision of this Car
Park Licence, the Lessee indemnifies the
Lessor to the maximum extent permitted by law against
all Claims incurred by the Lessor:
 (i)
    
    arising directly or indirectly from
the Lessees use or occupation of the Car Park Licence
Area and the Land; and(ii)
    
    whether arising before, during or after
the expiration or termination of this
Car Park Licence,
 except to the extent that they are caused or contributed
to by the Lessors or the Lessors
employees, agents or contractors wrongful act or
omission, negligence or default.
 21.12
    
    No assignment.This Licence may not be assigned by the
Lessee (other than a permitted assignee of the Lease)
nor may it grant a sub-licence without the prior written consent
of the Lessor.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 31 of 60and Water Act 2000
 Title Reference 16496089
 21.13
    
    Transfer of the Car Park Licence.If the Lessor
transfers its interest in the Car Park Licence,
so that another person is entitled to become Lessor of
the Car Park Licence:
 (a)
    
    The Lessor is released from its
obligations under this Car Park Licence arising after
it ceases to be Lessor of the Car Park
Licence Area; and(b)
    
    The Lessee must at the Lessors request and cost
enter into a deed with the new Lessor whereby:
 (i)
    
    the Lessee agrees to be bound by this
Car Park Licence as if the new Lessor is the
Lessor;(ii)
    
    the Lessee releases the Lessor
from its obligations under this Car Park Licence
arising after it ceases to be Lessor; and(iii)
    
    the new Lessor agrees to be bound by
this Car Park Licence.
 21.14
    
    No proprietary interest.This Licence does not
confer on the Lessee any estate or interest in any part
of the Car Park Licensed Area.
 21.15
    
    Waiver
 (a)
    
    the Lessors failure or delay to exercise a
power or right does not operate as a waiver
of that power or right.(b)
    
    The exercise of a power or right does not
preclude either its exercise in the future or the
exercise of any other power or right.(c)
    
    A waiver is not effective unless it is in
writing.(d)
    
    Waiver of a power or right is effective
only in respect of the specific instance to which it
relates and for the specific purpose for which it
is given.
 21.16
    
    Acceptance or demand for Car Park Licence Fee
not waiver.Regardless of the Lessors knowledge
at the time, a demand by it for the Car Park
Licence Fee or the subsequent acceptance of money does
not constitute a waiver of any earlier default by the
Lessee.21.17
    
    Severability.If anything in this Car Park Licence is
unenforceable, illegal or void then it is severed and
the rest of this Car Park Licence remains in force.21.18
    
    Risk.The Lessee agrees to occupy, use and
keep the Car Park Licence Area at its own risk. The
Lessor is not liable to the Lessee or the
Lessees Associates in respect of any claim relating
to or connected with, directly or indirectly, the
use by the Lessee or the Lessees Associates of the Car
Park Licence Area or the Land and the Lessee indemnifies
the Lessor against any action, demand, loss, damage,
injury, or death to a person so arising, except to the extent that such
claim, action, demand, loss damage, injury or death arises as
a result of any negligent act or omission by the
Lessor.
 22
    
    ROOF TOP LICENCE
 22.1
    
    Permitted Use.The Lessor grants a licence to
the Lessee to use the Licensed Area for purposes
ancillary to the Permitted Use and for no other purpose
during the Term of the Lease provided the Lessee, at all times,
complies with the Lessees Obligations (Licence).22.2
    
    Events leading to termination.The Lessor is
entitled to immediately terminate this Licence by notice
to the Lessee if:
 (a)
    
    any part of the Licence Fee is unpaid for 14 days
after written demand for payment is made;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 32 of 60and Water Act 2000
 Title Reference 16496089
 (b)
    
    the Lessee fails to comply in any other way with this Licence
and fails to remedy the breach within 14
days of written demand by the Lessor that it
do so;(c)
    
    the Lessee fails to comply in any other way
with the Lease and fails to remedy the breach within
14 days of written demand by the Lessor that
it do so;(d)
    
    the Lessee ceases to be the lessee under
the Lease (other than the case of an assignment
to any permitted transferee of the Lease); or(e)
    
    the Lessee vacates the Premises.
 22.3
    
    Licence Fee.During the term of this Licence, the
Lessee must pay the Lessor the Licence Fee on
each anniversary of the Commencement Date.22.4
    
    Insurances
 (a)
    
    The Lessee must maintain a public risk
policy insurance to cover claims arising in connection with
the use of the Licensed Area and this
Licence for an amount of not less than the Public
Risk Insurance Minimum Sum (or such higher amount required
by the Lessor), in respect to any single act.(b)
    
    The Lessee must ensure that a policy of insurance
required to be effected by the Lessee under
clause 22.4(a):
 (i)
    
    has no unusual exclusions, endorsements
or alterations unless first approved
by the Lessor; and(ii)
    
    contains a clause providing
that any act, neglect, fraud,
misrepresentation, misdescription, non-disclosure or
breach of condition or warranty by any individual
party comprising the insured whether
occurring prior to or during the policy
period will not prejudice, reduce or render
void the rights of the other parties comprising
the insured who are themselves not guilty
of the act, neglect, fraud, misrepresentation,
misdescription, non-disclosure or breach of
condition or warranty that any rights to cancel
the policy will only be exercised in respect of
the party whose acts or omissions have given rise to
the right.
 (c)
    
    The Lessee must:
 (i)
    
    pay all premiums and other money payable in
respect of its insurances by the due date;
and(ii)
    
    if requested by the Lessor,
produce policies of insurance which the
Lessee is required to effect under this clause
22.4 and a certificate of insurance.
 (d)
    
    The Lessee must notify the Lessor if:
 (i)
    
    an insurance policy under clause 22.4 is
cancelled;(ii)
    
    something happens that gives rise or
might give rise to a claim; or(iii)
    
    a claim under the policy is
refused.
 (e)
    
    Nothing in this clause 22.4 limits the
obligations, liabilities and responsibilities of the Lessee
under the licence or otherwise.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 33 of 60and Water Act 2000
 
 Title Reference 16496089
 22.5
    
    Lessors regulations. The Lessee must:
 (a)
    
    follow all reasonable instructions given by
the Lessor for the use of the Licensed Area;
and(b)
    
    comply with the reasonable directions and
regulations displayed in the Licensed Area.
 22.6
    
    Use of Licensed Area. The Lessee must not:
 (a)
    
    cause or permit any rubbish to be left in
or about the Licensed Area;(b)
    
    grease, oil, wash or repair anything or leave
any grease or oil on the surface of the Licensed Area;(c)
    
    write, paint, affix or erect notices, advertisements,
signs or other devices in the Licensed Area;(d)
    
    cause any damage or obstructions in the Licensed
Area;(e)
    
    cause or do anything that is a breach of any laws for
the maintenance and use of the Licensed Area; or(f)
    
    allow the Licensed Area to be used in any
noxious or offensive manner or do or permit any nuisance, annoyance or
obstruction to the Lessor or other users, occupiers
or tenants of any adjoining or nearby premises.
 22.7
    
    Storage of Equipment.The Lessee must not
store any equipment within the Licensed Area.22.8
    
    Make Good.On termination of this Licence, the
Lessee must deliver the Licensed Area to the Lessor
in good repair, order and condition, clean and free from
rubbish, free of any chattels owned by the Lessee,
and reinstate the Licensed Area to its condition at
the Commencement Date, fair wear and tear excepted,
in a manner consistent with the requirements of Clause 22.6.22.9
    
    Lessees general environmental obligations
 (a)
    
    The Lessee must:
 (i)
    
    comply with all Environmental Laws;(ii)
    
    obtain and comply with any
consent, authorisation or licence required
by an Environmental Law to use the
Licensed Area;(iii)
    
    provide all reasonable assistance
to and comply with all reasonable
requests of the Lessor regarding the
Lessees use or occupation of the Licensed Area,
and(iv)
    
    take all steps necessary to prevent
the release of a contaminant which may cause
or is likely to cause harm to the
Licensed Area or the Environment.
 The Lessee must ensure that the Lessees Associates
comply with the Lessees general environmental
obligations in this clause 22.9.
 (b)
    
    The Lessee must notify the Lessor as soon as it
becomes aware of any of the following:
 (i)
    
    a leak, spill, escape, release Lease, or
loss of contaminant of any substance on or from the
Licensed Area whether or not that
leak, spill, escape, release, or loss of contaminant
directly or indirectly causes or is
likely to cause harm to the Licensed
Area or the Environment;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 34 of 60and Water Act 2000
 
 Title Reference 16496089
 (ii)
    
    a complaint (whether written or oral) relating
to the Environment, received by the
Lessee or the Lessees Employees in relation to the
use or occupation of the Licensed Area; or(iii)
    
    a notice, order, direction or
other communication received by the Lessee
from an Authority in connection with the
Lessees use or occupation of the Licensed Area.
 The Lessee must provide the Lessor
as soon as practicable, details and copies of
any notice, order, direction, or other communication received
from an Authority concerning any matter referred to in this
clause 22.9.
 (c)
    
    Despite any other provision of this Licence, the
Lessee indemnifies the Lessor to the maximum
extent permitted by law against all Claims incurred by
the Lessor:
 (i)
    
    arising directly or indirectly from the
Lessees use or occupation of the Licensed Area
and the Land; and(ii)
    
    whether arising before, during or
after the expiration or termination of this
Licence,
 except to the extent that they are caused or
contributed to by the Lessors or
the Lessors employees, agents or contractors
wrongful act or omission, negligence or default.
 22.10
    
    No assignment.This Licence may not be assigned by
the Lessee (other than a permitted assignee of the
Lease) nor may it grant a sub-licence without the prior
written consent of the Lessor.22.11
    
    Transfer of the Licence.If the Lessor transfers
its interest in the Licence, so that another person
is entitled to become Lessor of the Licence:
 (a)
    
    The Lessor is released from its
obligations under this Licence arising after it ceases to
be Lessor of the Licence; and(b)
    
    The Lessee must at the Lessors request and cost
enter into a deed with the new Lessor whereby:
 (i)
    
    the
Lessee agrees to be bound by this Licence as
if the new Lessor is the Lessor;(ii)
    
    the
Lessee releases the Lessor from its obligations under
this Licence arising after it ceases to be Lessor;
and(iii)
    
    the new Lessor agrees to be bound by
this Licence.
 22.12
    
    No proprietary interest.This Licence does
not confer on the Lessee any estate or interest in any
part of the Licensed Area.
 22.13
    
    Waiver
 (a)
    
    the Lessors failure or delay to exercise a
power or right does not operate as a waiver
of that power or right.(b)
    
    The exercise of a power or right does
not preclude either its exercise in the
future or the exercise of any other power or right.(c)
    
    A waiver is not effective unless it is in
writing.(d)
    
    Waiver of a power or right is effective
only in respect of the specific instance to which it
relates and for the specific purpose for which it
is given.




---



##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 35 of 60and Water Act 2000
 Title Reference 16496089
 22.14
    
    Acceptance or demand for Licence Fee not
waiver.Regardless of the Lessors knowledge at the time, a
demand by it for the Licence Fee or the subsequent
acceptance of money does not constitute a waiver of
any earlier default by the Lessee.22.15
    
    Severability.If anything in this Licence is unenforceable,
illegal or void then it is severed and the rest
of this Licence remains in force.22.16
    
    Risk.The Lessee agrees to occupy, use and keep the
Licensed Area at its own risk. The Lessor is not
liable to the Lessee or the Lessees Associates in
respect of any claim relating to or connected with,
directly or indirectly, the use by the Lessee or
the Lessees Associates of the Licensed Area or
the Land and the Lessee indemnifies the Lessor against
any action, demand, loss, damage, injury, or death to a
person so arising, except to the extent that such
claim , action, demand, loss damage, injury or death
arises as a result of any negligent act or omission
by the Lessor.
 23
    
    GENERAL
 23.1
    
    Roof and Exterior.The Lessor may use the roof
and exterior walls of the Building for any purpose
including the erection and display of advertising signs.23.2
    
    Naming Rights.The Lessor may name the Building and
from time to time change that name.23.3
    
    Time of the Essence.The time for payment of any money
by the Lessee to the Lessor under this Lease is
of the essence.23.4
    
    Interest on Overdue Money.If the Lessee does not
make a payment on time, it must pay, within 14
days of receipt of written notification from the
Lessor by the Lessor:
 (a)
    
    Interest on that amount from the due date for
payment until it is paid; and(b)
    
    The Lessors costs of recovering that amount.
  23.5
    
    Exclusion of Warranties.The Lessee agrees that no
promise, representation, warranty or undertaking has been given
by or on behalf of the Lessor in respect of:
 (a)
    
    The suitability of the Premises for any
business to be carried on there;(b)
    
    The Building;(c)
    
    The fittings, finishes, facilities and amenities of the
Premises or the Building; or(d)
    
    Other businesses to be carried on in the Building.
 23.6
    
    Waiver.
 (a)
    
    Waiver of a breach of the Lessees covenants
or of any rights created by or arising upon default under this
Lease, or upon an Event of Default, must
be in writing and signed by the party granting
the waiver.(b)
    
    A breach of the Lessees Obligations is not waived by a
failure to exercise, a delay in exercising or the
partial exercise of any remedy available under this Lease or in law
or equity.(c)
    
    Any right created by, or arising upon, default
under this Lease, or on an Event of Default, is
not waived by a failure to exercise, a delay in
exercising, or a partial exercise of that right.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 36 of 60and Water Act 2000
 
 Title Reference 16496089
 23.7
    
    Notices.
 (a)
    
    Any notice or other communication including,
but not limited to, any request, demand, consent or
approval, to or by a party to this Lease:
 (i)
    
    Must be in legible writing and in
English addressed to a party at that partys
address as shown at the commencement of
this Lease or, in the case of a
corporation, at the registered office of that
party, or as specified to the sender by any
party by notice.(ii)
    
    In the case of a
corporation, must be signed by a director or
secretary or under the common seal of
the sender or by the solicitors for the
corporation or, in the case of
the Lessor, by the Manager or the
Managers agent;(iii)
    
    Is treated as being given by the
sender and received by the addressee:
 (A)
    
    If by delivery in person,
when delivered to the addressee;(B)
    
    If by post, two (2) Business
Days from and including the date of
postage; or(C)
    
    If by facsimile
transmission, when transmitted legibly to
the addressee,
 (iv)
    
    but if the delivery or
receipt is on a day which is not a
Business Day or is after 4.00 pm
(addressees time) it is regarded as
received at 9.00am on the following
Business Day; and(v)
    
    Can be relied upon by the addressee
and the addressee is not liable to any other
person for any consequences of that
reliance if the addressee reasonably
believes it to be genuine, correct
and authorised by the sender.
 (b)
    
    A facsimile transmission is treated as legible unless the addressee
telephones the sender on the day of transmission and informs
the sender that it is not legible or if
transmitted after 4.00pm, on the next Business Day after
transmission.(c)
    
    In this clause, a reference to an
addressee includes a reference to an addressees
officers, agents or employees.
 23.8
    
    Caveats.The Lessee must not lodge or cause
to be lodged any caveat against the title to the
Land to protect any of the Lessees interests under this
Lease.23.9
    
    Consents.Any consent or approval of the Lessor
which the Lessee requires under the Lease to do or
execute any act, matter or thing must be in writing
and may be:
 (a)
    
    Given (whether conditionally or
unconditionally); or(b)
    
    Withheld,
  23.10
    
    No Merger.Nothing in this Lease merges,
extinguishes, postpones, lessens or otherwise prejudicially affects
any right, power, authority, discretion or remedy which the
Lessor may have against the Lessee.23.11
    
    Lessees Obligations.Unless the Lease
otherwise provides, anything which must be done by the Lessee
under this Lease, whether or not at the request of
the Lessor, must be done at the cost of the
Lessee.23.12
    
    Condition of Lessors Liability
 (a)
    
    The Lessor, in the case of a remediable breach,
is neither in default, nor treated as being in default, in the observance
and performance of the Lessors obligations unless:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 37 of 60and Water Act 2000
 
 Title Reference 16496089
 (i)
    
    The Lessee gives written notice
of the default to the Lessor where
the Lessee knew or ought reasonably to have
known of the default; and(ii)
    
    The Lessor fails to take proper
steps to rectify the default within a
reasonable time.
 (b)
    
    This clause applies
despite any other provision of the Lease
to the contrary (whether express or implied).
 23.13
    
    Moratorium.A provision of any legislation which
at any time directly or indirectly:
 (a)
    
    Lessens or otherwise varies or affects in
favour of the Lessee any of the Lessees
Obligations; or(b)
    
    Stays, postpones or otherwise prevents or prejudicially affects
the exercise by the Lessor of any of the
Lessors rights under this Lease,
  23.14
    
    Manager
 (a)
    
    The Manager represents the Lessor in all
matters in respect of the Lease unless the Lessor
directly notifies the Lessee otherwise in writing.(b)
    
    Any communication from the Lessor to the Lessee
supersedes any communication from the Manager to the Lessee to
the extent of any inconsistency.
 23.15
    
    Whole Agreement.This Lease constitutes the entire
agreement between the parties in respect of its subject
matter.23.16
    
    Governing Law.This Lease is governed by
the laws of Queensland.23.17
    
    Operation.If the Air Conditioning Equipment or
the Elevators become unserviceable or are shut off for
inspection, service, maintenance or repair the
Lessor shall use all reasonable efforts to ensure that
such Air Conditioning Equipment or Elevators become operative
as soon as reasonably practicable. So long as the
Lessor complies with this clause 23.17, the Lessor shall
not be liable to the Lessee for any breakdown or
cessation of air conditioning or elevator services. So long as the
Lessor complies with this clause 23.18, such breakdown or cessation
shall not relieve the Lessee of the obligations to pay
Rent, Lessees Proportion of Outgoings or other moneys under
this Lease and otherwise to observe and
perform the Lessees Obligations.23.18
    
    No Partnership or Agency.The only relationship between
the Lessor and Lessee is that of Lessor and
Lessee on the terms and conditions of the Lease, and
nothing herein creates or deems the relationship to be
other than that of Lessor and Lessee (including, without
limitation, partners, principal and agent or joint venturers).23.19
    
    Limitation of Liability of Lessor.The Lessor
is liable in damages only for those breaches of the
Lessors covenants which occur while it is the Lessor.23.20
    
    Transfer of the Building.If the Lessor
transfers its interest in the Premises or the Building
of which the Premises form part, so that another person is
entitled to become Lessor of the Premises or the
Building:
 (a)
    
    The Lessor is released from its obligations
under this Lease arising after it ceases to be Lessor
of the Premises or Building (as the case may be); and(b)
    
    The Lessee must at the Lessors request and cost
enter into a deed with the new Lessor of the
Premises or Building (as the case may be) in which the
Lessee:
 (i)
    
    Agrees to be bound by this
Lease as if the new Lessor is the
Lessor; and




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 38 of 60and Water Act 2000
 
 Title Reference 16496089
 (ii)
    
    Releases the Lessor from its
obligations under this Lease arising after it
ceases to be Lessor.
 23.21
    
    No Trust.
 (a)
    
    Subject to paragraph (b), the
Lessee warrants to the Lessor that:
 (i)
    
    It is the sole beneficial owner of
this Lease;(ii)
    
    It has not entered
into this Lease:
 (A)
    
    For, on behalf of or as
trustee for any person; or(B)
    
    As trustee of any trust
or settlement; and
 (iii)
    
    There is no trust in respect of
this Lease and the assets of the Lessee.
 (b)
    
    The Lessee, if it has entered into this
Lease in the capacity of trustee, or it holds
the Premises on the terms of any trust
or subject to any trust, whether or not it has
given notice to the Lessor of any such trust:
 (i)
    
    Accepts the Lease both as trustee and in
its personal capacity;(ii)
    
    Acknowledges its personal liability
for the performance and observance of the
Lessees Obligations;(iii)
    
    Must take any steps and proceedings
necessary to ensure the assets of the
trust are available to rectify all unremedied
defaults by the Lessee;(iv)
    
    On demand by the Lessor, must assign
to the Lessor any right of indemnity the
Lessee has against the assets of the trust; and(v)
    
    Warrants that:
 (A)
    
    It has the power and
authority under the terms of the trust to
enter into this Lease; and(B)
    
    Entry into this Lease by
the Lessee is in the due administration of
the trust.
 23.22
    
    Dealings with Land.The Lessor may, as
the Lessor thinks fit grant easements or enter
into any arrangement or agreement any Lessee or
occupier of the Land or any part of the Land or
any owner, Lessee or occupier of or other person
interested in any land adjacent to or near the
Land or any Governmental Agency for the
purposes of providing:
 (a)
    
    Public or private access to and
egress from the Land or any part of
the Land, the Building or the Premises;(b)
    
    Support of existing or future structures erected on the Land
or any adjoining land;(c)
    
    Services to or from
the Land, the Building or the Premises; or(d)
    
    Exclusive use of any part of the Common Areas
to such persons abovementioned or to the Lessor,
 PROVIDED THAT




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 39 of 60and Water Act 2000
 Title Reference 16496089
 23.23
    
    Lessee Mix in Building.The Lessee
acknowledges that no promise, representation, warranty or
undertaking has been given by or on behalf of the
Lessor:
 (a)
    
    In respect of any proposed leases or the
continuation of existing leases; or(b)
    
    That the Lessee has an exclusive right to carry on
the Permitted Use,within the Building.
 23.24
    
    Mortgagee Consent.If the title to the Building is
subject to a mortgage or other encumbrance:
 (a)
    
    The Lessee
accepts this Lease subject to such mortgage or encumbrance;(b)
    
    The Lessor must obtain the written consent (in
registrable form) of each mortgagee and encumbrance, where
necessary to register the Lease; and(c)
    
    The Lessee must execute and return to the
Lessor any form of consent which may reasonably
be required by each mortgagee and encumbrance within 21
Business Days of receiving such documentation from the
Lessor.
 23.25
    
    Improvements to Building.
 (a)
    
    The Lessor may, at any time and in its
absolute discretion improve, extend, vary, add to or reduce the
Building, or alter or deal with any part or
all of the Building (other than the Premises), in any way
or manner including, without limitation, constructing or
demolishing buildings or improvements within the
Building.(b)
    
    The Lessor may:
 (i)
    
    Discontinue;(ii)
    
    Change the size,
location and nature of;(iii)
    
    Make repairs or changes
to;(iv)
    
    Temporarily or
permanently close; or(v)
    
    Do any other thing in and to,
  (c)
    
    The Lessor, in respect of paragraphs (a)
and (b), must use its reasonable endeavours to inconvenience the
Lessee as little as possible in the circumstances.
 24
    
    EARLY ACCESS DATE
 24.1
    
    General.
 (a)
    
    On the condition that the Lessee has:
 (i)
    
    Signed this Lease in triplicate and
returned the signed Lease to the Lessor;(ii)
    
    Provided the Lessor with evidence
that all insurances required under the terms
of this Lease have been effected and the
premiums for such policies paid in full;(iii)
    
    Provided to the Lessor the Security;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 40 of 60and Water Act 2000
 Title Reference  16496089
 (iv)
    
    Paid to the Lessor, or as the Lessor
may direct, the Lessors costs payable in
accordance with the terms of this Lease;
and(v)
    
    Obtained approval from the
Lessor or local Government Agency
(if required) for any proposed alterations to
the Premises in accordance with Clause 13.12 of
the Lease,
 Early Access Date
 (b)
    
    From the Early Access Date to the
Commencement Date, the provisions of this Lease
(with the exception of Clauses 3, 4, 5) apply as if
the term has commenced.
 24.2
    
    Risk. The Premises will be at the risk of the
Lessee from and including the Early Access Date.
The Lessee must, at its own expense, effect the
insurances specified in the Lease from and including
the Early Access Date.
 25
    
    ENVIRONMENTAL OBJECTIVES
 25.1
    
    DEFINITIONSIn this lease:
 ABGR Rating
    
    for the Building means a rating of Stars under the ABGR Scheme.ABGR Scheme
    
    means the accreditation scheme for buildings
administered nationally by the Department of Energy Utilities
and Sustainability (New South Wales) or other
body appointed in its place from time to time.Air-conditioningSystem
    
    means any plant, machinery or equipment for
heating, cooling  or circulating air installed in
the Premises or the Building.Building Automation 
System (BAS)
    
    means the operational, diagnostic and
information display system installed in
the Building for the purposes of monitoring and
controlling the Environmental Performance of the Building.Building Information
    
    includes information collected from
BAS in relation to the Environmental Performance of the Premises and
the Building.Building 
Performance Assessment
    
    means an assessment conducted by the
Lessor or by the administrators of the
ABGR Scheme or the Green Star Rating
System in relation to the Environmental Performance of the
Building.Building System
    
    means any system for the collection and
processing of water, rainwater, waste water, sewerage or
electricity (including solar power) and the
Buildings Air-conditioning Systems.EMP
    
    means an Environmental Management Plan for the Building as
adopted by the Lessor from time to time.Contaminant
    
    means a solid, liquid, gas, radiation or substance
which makes the condition of the Premises, Building or
surrounding environment:(a) unsafe, unfit or harmful for occupation by persons or




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 41 of 60and Water Act 2000
 Title Reference  16496089
 animals;(b) degraded in its capacity
to support plant life; or(c) such that it does
not satisfy the contamination criteria or
standards in the Environmental Objectives,
EMP or the Environmental Building Rules.Environmental Laws
    
    means all laws, regulations, policies
and by laws which regulate the environment including laws
relating to land use, planning, pollution of air and
water, soil or ground water contamination, chemicals, waste,
the use, handling, storage or transport of dangerous goods
or substances or any other aspect of protection of the
environment or person or property.Environmental 
Objectives
    
    means: to achieve environmental
sustainability and commercial viability in relation to
the Building; to minimise the
Buildings energy consumption and
greenhouse gas emissions; to protect the natural
environment by appropriate
selection of materials for
use in the Building; to adopt environmentally
sound and healthy work
practices, both during construction of the
Building and in occupancy;
and to provide effective
planning for the Buildings
water and waste management.Environmental 
Performance
    
    means the performance of the
Building (including each tenancy) in respect of consumption of
materials, energy, water and other utilities, the generation of
residual and waste materials, internal ambient
conditions for occupants and other relevant parameters to the
standards required by the ABGR
Rating and the Green Star Rating.Fitout Guide
    
    means the fitout guide from time to time
adopted by the Lessor for the Building.Green Star Rating
    
    means a rating for the
Building of 4 Stars under the Green Star
Rating System.Green Star Rating 
System
    
    means the system of rating Buildings
for sustainability administered by Green
Building Council Australia.Environmental Building 
Rules
    
    means the environmental rules adopted from time to time by
the Lessor for the Building which, until
varied or replaced are those contained in Attachment
3 to this Schedule.Water ManagementSystem
    
    means the systems installed in the
Building for the utilisation of  rainwater
and recycled fire test water to supplement the water required for the
Buildings cooling towers.
 26
    
    LESSEES OBLIGATIONS
 26.1
    
    Trading, use and
environmental ratingThe Lessee must:




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 42 of 60and Water Act 2000
 Title Reference 16496089
 (a)
    
    do everything reasonably required of it to
support the Lessors application for certification of
the ABGR Rating and for the renewal of that
certification annually during the Term;(b)
    
    manage and conduct the Lessees trade, business, occupation
or profession having consideration to the Environmental
Objectives;(c)
    
    give to the Lessor prompt notice of any
circumstances likely to adversely affect the
Environmental Performance of the Building (or any part of
the Building including the Premises), the ABGR Rating
or the Green Star Rating; and(d)
    
    co-operate and assist the Lessor in the
completion of any Building Performance Assessment of
the Premises or the Building. Such co-operation and assistance
include permitting the Lessor to enter and inspect the
Premises upon the Lessor giving the Lessee reasonable
written notice.
 26.2
    
    Lessees negative Building performance obligationsThe Lessee must not:
 (a)
    
    store or use flammable, volatile or
explosive substances on the Premises;(b)
    
    overload the facilities or services of the Premises
including the Building Systems or use them for anything other
than their intended purpose;(c)
    
    smoke or permit any of its employees or
invitees to smoke tobacco products or other substances
in or on the Premises or the Building;(d)
    
    cause or allow the noise level emanating
from the Premises at any time to exceed the
levels specified from time to time by the
Lessor, any Environmental Law or the EMP;(e)
    
    use materials or substances in or on the Premises
or the Common Areas which are known to be or may be
detrimental to the internal air quality of
the Building and the health and comfort of
other Building occupants;
 (f)
    
    use artificial or synthetic herbicides or
pesticides in any landscaping or any
internal gardening activities within or on the Building or the
Premises;
 (i)
    
    use ozone-depleting chemicals within the
Premises; or
 (ii)
    
    use materials in the Premises or
the Building that may release unwanted
volatile organic and or other toxic chemicals into
the Buildings environment.
 26.3
    
    Lessees positive Building performance
obligationsThe Lessee must:
 (a)
    
    minimise the use of power consuming equipment
including but not limited to hot water systems,
office equipment and lighting and minimise the level of energy
consumption by such equipment having regard to the occupational
health and safety of the Lessee and the Lessees
Associates and the EMP;(b)
    
    recycle and re-use residual materials
generated, as set out in the EMP;(c)
    
    minimise
the generation of waste material disposed as landfill;(d)
    
    minimise water and energy consumption within the
Premises;(e)
    
    ensure that peak electrical demands for the
Premises are held at or below any levels set
out in the EMP;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 43 of 60and Water Act 2000
 Title Reference  16496089
 (f)
    
    as far as is practicable use natural lighting and minimise the
use of artificial lighting consistent with good occupational
health and safety practice; and(g)
    
    ensure that materials used within the Premises
are consistent with the EMP.
  26.4
    
    Environmental Laws
and issuesThe Lessee must:
 (a)
    
    comply with all Environmental Laws to the extent that
it is the Lessees responsibility to do so; and(b)
    
    ensure that no Contaminant is placed or released in, on, under or above the Premises by the Lessee or the
Lessees Associates other than a Contaminant expressly sanctioned by
an Environmental Law and for which the prior written
consent of Lessor has been obtained.
 26.5
    
    Repair, redecoration and Lessees worksWithout limiting Clause 13 of this lease, any works
(including repairs and maintenance and replacement of
damaged items) carried out by the Lessee must be carried out in
a proper and workmanlike manner, using high quality
materials and in accordance with the
Environmental Objectives, the Fitout Guide, the
Environmental Building Rules and the EMP.
 26.6
    
    Extra equipmentThe Lessee must not, within the Premises, without the
prior written consent of the Lessor:
 (a)
    
    install any portable equipment for the purpose of water
consumption;(b)
    
    install any equipment which relies upon any
source of external power supply;(c)
    
    use any materials whether for fit-out or
otherwise that may be detrimental to the internal
air quality of the Premises and the Building or the
health and comfort of other occupants of the Building; or(d)
    
    install any equipment for heating, cooling or
ventilation of the Premises that relies upon any
source of external power supply other than office equipment (including
equipment for the preparation of food and beverages)
which is usually installed in a modern office
Premises.
  26.7
    
    BASThe Lessee acknowledges that the Lessor will collect Building
Information and agrees that this may be used for the purposes of
modifying the EMP, the Environmental
Building Rules or for publicity in relation to the Building,
educational purposes or any other reasonable use. The
Lessor will not directly identify the Lessee to
any third party without the Lessees prior agreement.
 27
    
    LESSORS COVENANTS
 27.1
    
    Lessors approvalUnless otherwise stated wherever the Lessor is
requested to give approval in relation to any matter
relevant to Environmental Performance, the Lessor must
not unreasonably withhold approval if the request is
consistent with the Environmental Objectives, the Environmental
Building Rules, the Fitout Guide (if applicable) and the
EMP.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 44 of 60and Water Act 2000
 Title Reference  16496089
 27.2
    
    ABGR RatingThe Lessor must use reasonable endeavours to obtain
certification of the ABGR Rating within the period of
2 years starting on the Commencing Date and annual
renewals of certification of the ABGR Rating during the Term.27.3
    
    Reasonable endeavoursThe Lessor must use its reasonable endeavours to
achieve and maintain the standards of
Environmental Performance of the Building required for the ABGR
Rating and the Green Star Rating.
 28
    
    LIMITATION OF LIABILITY OF THE CUSTODIAN
 28.1
    
    The Public Trustee of Queensland as
Custodian for OPUS Capital Growth Fund NO.1 (the Public Trustee)
enters into this Lease as custodian of the Trust and
in no other capacity.28.2
    
    The parties other than The Public Trustee acknowledge
that the Obligations are incurred by The Public
Trustee solely in its capacity as custodian of the
assets of the Trust and that The Public Trustee will
cease to have any Obligations if The Public
Trustee ceases for any reason to be custodian of
the assets of the Trust.28.3
    
    The Public Trustee will not be liable to pay or
satisfy any obligations under this Lease except to the
extent to which it is indemnified by the Responsible
Entity or except out of the Assets against which it is
entitled to be indemnified in respect of any liability
incurred by it.28.4
    
    The parties other than The Public Trustee may enforce
their rights against The Public Trustee arising from
non-performance of the Obligations only to the extent of The
Public Trustees indemnity as provided above in
Clause 28.3.28.5
    
    If any party other than The Public Trustee does
not recover all money owing to it arising from
non-performance of the Obligations it may not seek to recover the
shortfall by:
 (a)
    
    Bringing proceedings against The Public Trustee in
its personal capacity; or(b)
    
    Applying to have The Public Trustee wound up
or proving in the winding up of The Public
Trustee.
 28.6
    
    Except in the case of and to the extent
of fraud, negligence or material breach of duty on
the part of The Public Trustee under its custody agreement with
the Responsible Entity, the parties other than The Public
Trustee waive their rights and release The Public Trustee from
any personal liability whatsoever, in respect of any loss or
damage:
 (a)
    
    Which they may suffer as a result of
any:
 (i)
    
    breach by The Public Trustee
of any of its Obligations; or(ii)
    
    non-performance by The Public Trustee of the
Obligations; and
 (b)
    
    Which cannot be paid or satisfied from
the indemnity set out in Clause 28.3 above in
respect of any liability incurred by it.
 28.7
    
    The parties other than The Public Trustee
acknowledge that the whole of this Lease is subject to this
Clause and The Public Trustee shall in no
circumstances be required to satisfy any liability
arising under, or for non-performance or breach of
any Obligations under or in respect of, this Lease or under
or in respect of any other document to which it is expressed
to be a party out of any funds, property
or assets other than to the extent that this Lease requires
satisfaction out of the assets of the Trust under The Public Trustees
control and in its possession as and when they are available to
The Public Trustee to be applied in exoneration for such
liability.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 45 of 60and Water Act 2000
 Title Reference 16496089
 28.8
    
    The parties acknowledge that the Responsible Entity of the Trust is responsible under
its constitution for performing a variety of obligations relating to the Trust, including
under this Lease. The parties agree that no act or omission of The Public Trustee
(including any related failure to satisfy any Obligations) will constitute fraud,
negligence or breach of duty of The Public Trustee for the purposes of Clause 28.6 to the
extent to which the act or omission was caused or contributed to by any failure of the
Responsible Entity or any other person to fulfil its obligations relating to the Trust or
by any other act or omission of the Responsible Entity or any other person.28.9
    
    No attorney, agent or other person appointed in accordance with this Lease has
authority to act on behalf of The Public Trustee in a way which exposes The Public Trustee
to any personal liability and no act or omission of such a person will be considered
fraud, negligence or breach of duty of The Public Trustee for the purposes of Clause 28.6.28.10
    
    In this Clause
 (a)
    
    Obligations means all obligations and liabilities of whatever kind undertaken
or incurred by, or devolving upon, The Public Trustee under or in respect of this  Lease;(b)
    
    Assets includes all assets, property and rights real and personal of any value
whatsoever;(c)
    
    Responsible Entity means Opus Capital Limited the responsible entity of the Trust
or any replacement responsible entity of the Trust from time to time; and(d)
    
    Trust means the managed investment scheme known as OPUS Capital Growth Fund No.1.
 29
    
    RESPONSIBLE ENTITY
 29.1
    
    Despite any other provision of this Lease, the Responsible Entity enters into this
Lease as responsible entity of the Trust and in no other capacity.29.2
    
    Any liability or Obligation of the Responsible Entity arising under or in
connection with this Lease:
 (a)
    
    is limited; and(b)
    
    can be enforced against the Responsible Entity only,to the extent to which it can be satisfied out of the property of the Trust out of
which the Responsible Entity is actually indemnified for the liability under the
Constitution.
 29.3
    
    The limitation of the Responsible Entitys liability under this clause applies
despite any other provision of this Lease and extends to all liabilities and Obligations
of the Responsible Entity in any way connected with any representation, warranty, conduct,
omission, agreement or transaction related to this Lease.29.4
    
    Despite any other provision of this Lease, the Responsible Entity is not obliged to
do or refrain from doing anything under this Lease unless the Responsible Entitys
liability is linked in the manner set out in this clause.29.5
    
    The Lessee must not take any action of any kind against the Responsible Entity in any
capacity other than as the responsible entity of the Trust.29.6
    
    Despite any other provision of this Lease:
 (a)
    
    the limitation of the Responsible Entitys liability under this must not apply to
any Obligation or liability of the Responsible Entity to the extent that it is not
satisfied because there is a reduction in the extent of the Responsible Entitys
indemnification out of the assets of the Trust as a result of the Responsible Entitys
fraud, negligence or breach of trust; and




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 46 of 60and Water Act 2000
 Title Reference 16496089
 (b)
    
    nothing this clause will make the Responsible Entity liable to any claim for an
amount greater than the amount which the Lessee would have been able to claim and recover
from the assets of the Trust in relation to the relevant liability if the Responsible
Entitys Right of indemnification out of the assets of the Trust had not been prejudiced by
fraud, negligence or breach of trust.
 29.7
    
    If there is a change in the Responsible Entity of the Trust, the Lessee must, promptly after
being requested to do so (but at the reasonable cost of the Responsible Entity), enter into a
deed with the Responsible Entity and the new responsible entity of the Trust in a form and
content reasonably required by the Responsible Entity under which:
 (a)
    
    the rights, Obligations and liabilities of the Responsible Entity under this Lease are
novated to the new responsible entity of the Trust; and(b)
    
    the Responsible Entity is released from all Obligations and liabilities under this
Lease.
 29.8
    
    This clause survives completion, termination or repudiation of this Lease.29.9
    
    In this clause:
 (a)
    
    Responsible Entity means Opus Capital Limited ACN 095 039 366 in its capacity as responsible
entity of the Trust or any substitute or replacement responsible entity of the Trust from time to
time;(b)
    
    Trust means the Opus Capital Growth Fund No.1; and(c)
    
    Constitution means the constitution of the Trust.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 47 of 60and Water Act 2000
 Title Reference 16496089
 ATTACHMENT 1  DICTIONARY
 Part I  Definitions
  Accounting Period
    
    a period not exceeding 12 months selected from time to time by the Lessor for
the purpose of calculating the Outgoings and any other charges mentioned in this Lease.Act
    
    the A New Tax System (Goods and Services Tax) Act 1999 and any related tax imposition
Act (whether imposing tax as a duty of customs, excise or otherwise) and includes any legislation
which is enacted to validate recapture or recoup the tax imposed by any of such Acts.Air-Conditioning Equipment
    
    all plant in the Building used for the production and reticulation of
chilled water or conditioned or circulating air but does not include any air conditioning
equipment owned, hired or leased (other than from the Lessor) by the Lessee.Applicable GST
    
    has the meaning ascribed to it in Clause 12.1.Appurtenances
    
    all plant and equipment, water closets, lavatories, grease traps, plumbing, water
apparatus, wash basins, bathrooms, gas fittings, electrical and communication fittings, apparatus
and other services contained in the Premises and the Building and includes the Air Conditioning
Equipment, Elevators and Fire Equipment. The expression includes any part of the Appurtenances.Bank Guarantee
    
    means an unconditional undertaking (or any replacement or addition to it under
Clause 11 by a bank and on terms acceptable to the Lessor acting reasonably to pay on demand the
amount in Item 12 of the Reference Schedule or an unconditional insurance bond on terms acceptable
to the Lessor acting reasonably to pay on demand the amount in Item 12 of the Reference.Base Year
    
    means the base year specified in Item 18 of the Reference Schedule.Building
    
    means:
 (a)
    
    the building or buildings for the time being
erected on the Land;(b)
    
    any extension,
modification, alteration, addition or replacement in
respect of the building(s); and(c)
    
    all fixtures, fittings, furnishings, plant,
machinery and equipment in the building(s) and owned
by the Lessor.
 Business Day
    
    a day other than a Saturday, Sunday or public holiday in Brisbane.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 48 of 60and Water Act 2000
 Title Reference 16496089
 Commencement Date
    
    the commencement date specified in Item 5 of the Reference Schedule.Car Park Licence Area
    
    the licence area identified in the plan in Attachment 4.Car Park Licence Fee
    
    the annual car park licence fee set out in Item 15 of the Reference Schedule
unless the car park licence fee has been revised under Clause 4, and then it means the revised car
park licence fee current from time to time.Common Areas
    
    those parts of the Building not leased or licensed or intended to be leased or
licensed to any person and intended by the Lessor for use by the Lessees and licensees of the
Building and other persons in common with each other.
The expression includes the entrances, lobbies,
corridors, passageways, vestibules stairways,
elevators, escalators, travelators, toilets and
washrooms but does not include the car park. The
expression includes any part of the Common Areas.Controlling Person(s)
    
    for a company, the person or group of persons who control the composition of
the board of directors or more than 50% of the shares with a right to vote at general meetings.Council
    
    the local government or the council as constituted under either the Local Government Act
1993 or the City of Brisbane Act 1924 within the area (as defined by that legislation) in which
the Premises are located or the South Bank Corporation.CPI
    
    for a particular date, the percentage increase in the Brisbane (All Groups) consumer price
index (or the index officially substituted for it) for the period from the last quarter published
before the later of:
 (a)
    
    the Lease Commencement Date; or(b)
    
    the
last Review Date,
 to the last quarter published before the particular
date.CPI Adjustment Date
    
    each date (if any) specified as such in Item 7 of the Reference Schedule.Elevators
    
    the
elevator cars, shafts, cables, motors, electrical installations and all associated
plant, plant rooms, equipment, fixtures and fittings (if any) within the Building.Event of Default
    
    any of the following events:
 (a)
    
    non-compliance by the Lessee with any Lessees
Obligations; or(b)
    
    if the Lessee is an individual,
an inability by the Lessee to pay the Lessees debts
as and when they fall due; or(c)
    
    if the Lessee is a company, the passing of an
order or a resolution for the winding up of the
Lessee (other than for the purposes of amalgamation
or reconstruction).
 Expiry Date
    
    the Expiry Date specified in Item 5 of the Reference Schedule.Fire Equipment
    
    all fire prevention, extinguishing, warning and control equipment in the Building.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 49 of 60and Water Act 2000
 Title Reference 16496089
 Fixed lncrease
    
    the percentage (if any) specified as that in respect of any particular Fixed
Increase Date in Item 7 of the Reference Schedule.Fixed Increase Date
    
    each date (if any) specified as such in Item 7 of the Reference Schedule.Further Term
    
    each Further Term (if any) specified in Item 12 of the Reference Schedule.Governmental Agency
    
    any government or any governmental, semi-governmental, administrative, fiscal
or judicial body, department commission, authority, tribunal, agency or entity and including the
relevant local authority.GST
    
    any tax imposed by or through the Act on a supply (without regard to any input tax credit).Guarantor
    
    the covenantor (or if more than one, each of them) referred to in Item 13 of the
Reference Schedule and either:
 (a)
    
    any successors and permitted assigns; or(b)
    
    if a covenantor is a natural person, any
executors, administrators and permitted assigns.
 Land
    
    the land described in Item 3 of the Reference Schedule and includes all land acquired by the
Lessor in the future and used in connection with the Building.Law(s)
    
    statutes, regulations, proclamations, ordinances or orders promulgated under any statute or
subordinate legislation.Lease
    
    the lease or tenancy that exists between the Lessor and the Lessee in relation to the
Premises (of whatever nature and whether at law or in equity) as evidenced in whole or in part by
this document including any exhibit, schedule or annexure to it.Lease Year
    
    each separate year of the Term commencing respectively on the Commencement Date and on
each anniversary of that dateLessee
    
    the party described as such in Item 2 of the Reference Schedule and where the context
permits:
 (a)
    
    its successors and permitted assigns;(b)
    
    if the Lessee is a natural person, its
executors, administrators and permitted assigns;(c)
    
    its employees, officers, agents and contractors;
and(d)
    
    any person executing the Lease as a
Covenantor.
 Lessees Associates
    
    the Lessees employees, agents, contractors, customers, clients, visitors
(with or without invitation), sub-lessees, licensees, invitees and others who may at any time be
in or upon the Premises or the Building excluding any trespasser who may at any time be in or upon
the Premises as a result of the Lessors negligent acts or omissions.Lessees Business
    
    the business carried on from the Premises.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 50 of 60and Water Act 2000
 Title Reference 16496089
 Lessees Fittings
    
    any fixtures, furnishings, plant, machinery and equipment which the Lessee has
installed, or seeks to install, in the Premises and for which title has not passed to the Lessor.Lessees Obligations
    
    the covenants and agreements contained or implied in this Lease to be
observed and performed by the Lessee.Lessees Proportion
    
    the proportion that the floor area of the Premises bears to the Net Lettable
Area of the Building expressed as a percentage to the nearest second decimal
point. The Lessees Proportion as at the Commencement Date is set out in Item 1 of the Reference
Schedule.Lessor
    
    the party described as such in Item 1 of the Reference Schedule and where the context
permits:
 (a)
    
    its successors and assigns;(b)
    
    if the Lessor is a natural person, its
executors, administrators and assigns; and(c)
    
    its employees and agents.
 Lessor Property
    
    any fixtures, furnishings, fit out, plant, machinery and equipment which the
Lessor has paid for and is installed in the Premises.Licensed Area
    
    the licence area as identified in the plan in Attachment 5.Licence Fee
    
    the annual licence fee set out in Item 16 of the Reference Schedule.Manager
    
    means:
 (a)
    
    any manager appointed by the Lessor to manage
the Building; and(b)
    
    the employees and agents of
that manager.
 Net Lettable Area
    
    those parts of the Building lease or licensed or intended to be leased or
licensed by the Lessor at a commercial rental or fee. The expression does not include any area
leased or licensed or intended to be leased or licensed by the Lessor for storage purposes or car
park purposes only.Normal Access Hours
    
    the hours designated as such from time to time by the Lessor. Until otherwise
designated, those hours shall commence one hour before Normal Business Hours on any day and
expire two hours after Normal Business Hours on any day.Normal Business Hours
    
    the hours designated as such from time to time by the Lessor. Until
otherwise designated those hours shall be the hours (if any) specified in Item 14 of the
Reference Schedule.Outgoings
    
    means the total of all amounts paid or payable by the Lessor for any one Accounting
Period and legally recoverable from the Lessee in respect of the Premises including, but not
limited to:
 (a)
    
    Rates charges and other levies payable to the
local or other authority in whose area the Premises
are located;




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 51 of 60and Water Act 2000
 Title Reference 16496089
 (b)
    
    Rates and charges (including charges for excess
water) payable to any local or other authority
responsible for the provision or reticulation of
water and/or sewerage and/or drainage services;(c)
    
    Levies contributions and/or other amounts
payable to any local or other authority or company
for or on account of fire protection services
(including for any dedicated telephone line to the
fire brigade);(d)
    
    All rates taxes (except income or capital gains
tax or land tax) charges assessments and impositions
whatsoever (whether parliamentary municipal or
otherwise and whether assessed charged or imposed by
or under Federal or State law or by Federal State or
local authorities and whether on a capital or
revenue value or any other basis and even though of
a novel character) which may at any time after the
Commencement Date be assessed charged or imposed in
respect of the Premises or any part thereof other
than any such rates taxes charges assessments and
impositions which may be assessed directly in
respect of the Premises and due to the Lessees use
thereof (such latter charges being payable by the
Lessee pursuant to Clause 6);(e)
    
    Insurance premiums and any other charges
including stamp duties on insurances against fire
material damage public liability loss of profits
workers compensation and any other insurances
effected by the Lessor in relation to any risk
relating to the Lessors ownership of or interest in
the Premises;(f)
    
    The cost of
operating servicing repairing cleaning and maintaining
the Lessors Property and the Services, including the
Air-Conditioning Equipment but not items of a
structural or capital nature;(g)
    
    A management fee (at fair market rates) to cover
the Lessors costs of managing the Premises and the
Building;(h)
    
    The cost to the Lessor of producing
estimates and/or statements of outgoings required to
be furnished by the Lessor to the Lessee under this
Lease or by law;(i)
    
    The cost of any emergency fire evacuation
training required by the relevant fire authority;(j)
    
    The cost of any fees properly payable by the
Lessor to comply with its obligations under the
Workplace Health and Safety Act 1995;(k)
    
    The costs of challenging any assessment of the
unimproved value of the Land or any account or
assessment relating to the Land; and(l)
    
    Contributions to the administrative and sinking
funds of the Body Corporate (if any) (but not
special levies) levied pursuant to the Body
Corporate and Community Management Act.
 Owner
    
    the registered owner of the Land.Permitted Use
    
    the use of the Premises as set out in Item 9 of the Reference Schedule.Plan
    
    the registered plan applicable to the Land.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 52 of 60and Water Act 2000
 Title Reference 16496089
 Premises
    
    means the premises described in item 5 of the form 7 extending:
 (a)
    
    up to and including the internal face of an
external wall and of an internal structural wall of
the Building;(b)
    
    up to and including the internal face of the
glass in an external wall of the Building;(c)
    
    up to and including the internal face of a
partition which separates the Premises from Common
Areas;(d)
    
    to the centre line of an internal partition
(other than a structural wall) which separates the
Premises from premises other than Common Areas; and(e)
    
    from and including the surface of the floor up
to and including the underside of the roof or floor
slab as the case may be.
 The expression includes all Appurtenances, pillars,
columns, pipes, internal partitions, ceilings, floor
coverings, and other objects, fittings, fixtures and
chattels installed or located from time to time in
the Premises but does not include chattels owned,
hired or leased (other than from the Lessor) by the
Lessee. The expression includes any part of the
Premises and includes all fixtures, fittings,
furnishings, plant, machinery and equipment in the
building(s) and owned by the Lessor.Recipient
    
    in relation to a Supply, the entity to which the Supply was made.Reference Schedule
    
    the schedule described as such and as set out in this Lease.Rent
    
    the annual Rent set out in Item 6 of the Reference Schedule unless the Rent has been revised
under Clause 4, and then it means the revised Rent current from time to time.Rent Day
    
    the Lease Commencement Date and the first day of each month during the Term.Review Date
    
    a Fixed Increase Date or a CPI Adjustment Date as the case may be.Rules and Regulations
    
    the rules and regulations applicable to the Building as amended from time to
time under the Lease.Security
    
    means either the Bank Guarantee or the Security Deposit referred to in Clause 11.Security Deposit
    
    means the security deposit referred to in Clause 11 for the amount specified in
Item 12 of the Reference Schedule.Services
    
    the services to or of the Building provided by the Lessor or any Governmental Agency and
which are intended to service, or are for the benefit of, the Premises (including, without
limitation, water, electricity, telephone lines, air-conditioning, lifts, communication systems,
fire services and trade waste services).Statute
    
    all statutes and all subordinate legislation thereunder whether specifically named or
otherwise.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 53 of 60and Water Act 2000
 Title Reference 16496089
 Supply
    
    any supply (within the meaning which it bears in
the Act) by the Supplier under this Lease.Supplier
    
    the entity which makes the Supply.Term
    
    the term of the Lease specified in Item 5 of
the Reference Schedule.Termination Date
    
    the termination date specified in Item 5 of the Reference Schedule.Vehicle
    
    any motor car,
van or truck.
 Part
2  Interpretation
  (a)
    
    Headings and underlinings are for convenience only and do not
affect the interpretation of the Lease.(b)
    
    Words importing the singular include the plural and vice
versa; words importing a gender include any gender.(c)
    
    An expression importing a natural person includes
any company, partnership, joint venture, association,
corporation or other body corporate and any Governmental Agency.(d)
    
    A reference to any thing includes a part of that thing.(e)
    
    A reference to a part, clause, party, annexure, exhibit or
schedule is a reference to a part and clause of, and a
party, annexure, exhibit and schedule to, the Lease.(f)
    
    A reference to a statute, regulation, proclamation,
ordinance or by-law includes all statutes, regulations,
proclamations, ordinances or by-laws varying, consolidating or replacing it,
and a reference to a statute includes all regulations,
proclamations, ordinances and by-laws issue issued under that statute.(g)
    
    A reference to a party to a document includes that
partys successors and permitted assigns.(h)
    
    Where the day on or by which any thing is to
be done is not a Business Day, that thing must be done on
or by the preceding Business Day.(i)
    
    No rule of construction applies to the
disadvantage of a party because that party was
responsible for the preparation of the Lease or any part
of it.(j)
    
    A covenant or agreement on the part of two or more
persons binds them jointly and severally.(k)
    
    A reference to any body other than a party to
this document (including, without limitation, an institute,
association or authority), whether or not it is a statutory body:
 
    
    which ceases to exist; or
    
    whose powers or function are transferred to any other
body,
 refers to the body which replaces it or which
substantially succeeds to its powers or functions.




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QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 54 of 60and Water Act 2000
 
 Title Reference 16496089
 ATTACHMENT
2  PLAN OF PREMISES




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QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 56 of 60and Water Act 2000
 Title Reference 16496089
 ATTACHMENT 3  ENVIRONMENTAL BUILDING RULES
 1.
    
    The Lessee, its employees, invitees, agents, workman,
sub-contractors and licensees must observe these rules. The
Lessee acknowledges that any failure to observe these rules will
constitute a breach of the Lease.2.
    
    The Lessee must not:
 (a)
    
    cover or obstruct the floors or any skylight, glazed
panel, window or ventilation system that reflects or
admits light or air into any part of the
Premises;(b)
    
    leave any doors or windows unlocked or unfastened
when the Premises or the
Building are left unoccupied except those under control of
the Building Automation System.
 3.
    
    The Lessee must:
 (a)
    
    prevent ingress of air into the Premises and
leakages of air that are detrimental to the environmental performance
of the Building in accordance with the EMP and not
do anything which adversely affects the efficient working of the
central air-conditioning system;(b)
    
    take all reasonable steps in accordance with the
EMP to minimise the generation of any materials that may
require disposal to landfill together with any other garbage;(c)
    
    use rainwater (or mains water when necessary) as
supplied by the Lessor for all water consumed within
the Premises;(d)
    
    use treated wastewater (or mains water when
necessary) for toilet pan flushing;(e)
    
    comply with any reasonable direction from the
Lessor in relation to the use of water in the
Premises during periods of rainwater shortage.
 4.
    
    When selecting materials for any fit-out, alteration or addition to
the Premises, the Lessee must use its reasonable
endeavours to ensure that:
 (a)
    
    existing materials, if any, are reused;(b)
    
    recycled materials are used in preference
to new materials;(c)
    
    all non-recycled
materials are recyclable;(d)
    
    materials
are made from renewable sources;(e)
    
    materials used have a low embedded energy and
greenhouse gas emission content and zero ozone-depleting potential;(f)
    
    there is no use of materials that are or may be
reasonably suspected to be toxic; and(g)
    
    materials are chosen according to the presence of
low allergenic characteristics.




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##### 



QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 57 of 60and Water Act 2000
 
 Title Reference 16496089
 ATTACHMENT
4  CAR PARK LICENCE AREA




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QUEENSLAND LAND REGISTRY
    
    SCHEDULE
    
    Form 20Version 2Land Title Act 1994, Land Act 1994
    
    
    
    Page 59 of 60and Water Act 2000
 Title Reference 16496089
 ATTACHMENT
5  LICENSED AREA




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