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Knight Frank Australia Pty Ltd PREVENTATIVE MAINTENANCE AGREEMENT FIRE PROTECTION SERVICES 85-01/10/07-31/08/12-fire 85 George Street, Brisbane. Knight Frank (Qld) Pty Ltd Level 11, 10 Eagle St Brisbane Q 4000 Telephone (07) 32468888 Facsimile (07) 3229 5436

PREVENTATIVE MAINTENANCE AGREEMENT3.13.3 Materials and parts shall comply with Australian or British Standards and ... Water Pumps Mechanical ... Services 1 Centrifugal Tavern

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Page 1: PREVENTATIVE MAINTENANCE AGREEMENT3.13.3 Materials and parts shall comply with Australian or British Standards and ... Water Pumps Mechanical ... Services 1 Centrifugal Tavern

Knight Frank Australia Pty Ltd

PREVENTATIVE MAINTENANCE AGREEMENT

FIRE PROTECTION SERVICES

85-01/10/07-31/08/12-fire

85 George Street,

Brisbane.

Knight Frank (Qld) Pty LtdLevel 11, 10 Eagle StBrisbane Q 4000Telephone (07) 32468888

Facsimile (07) 3229 5436

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Knight Frank Australia Pty Ltd

TABLE OF CONTENTS1 - INFORMATION.................................................................................................................................................... 1

1.1 - ADVICE TO TENDERERS................................................................................................................................1

1.1.1 TENDER SUBMISSION........................................................................................................................11.1.2 SPECIFICATION...................................................................................................................................11.1.3 CONTRACT DOCUMENTS...................................................................................................................11.1.4 TENDER ADEQUACY...........................................................................................................................11.1.5 CLOSING DATE....................................................................................................................................11.1.6 TENDER IDENTIFICATION..................................................................................................................11.1.7 LUMP SUM FIXED PRICE CONTRACT...............................................................................................21.1.8 VALIDITY PERIOD................................................................................................................................21.1.9 TENDER INFORMATION......................................................................................................................21.1.10 INSPECTION OF SITE..........................................................................................................................2

1.2 - SCOPE OF WORKS.........................................................................................................................................2

1.3 - DEFINITIONS.................................................................................................................................................... 3

2 - REFERENCE SCHEDULE - FIRE PROTECTION SERVICES...........................................................................6

3 - CONDITIONS OF CONTRACT..........................................................................................................................12

3.1 FORM OF CONTRACT...........................................................................................................................123.2 CONTRACT EXTENSION.......................................................................................................................123.3 SUB-CONTRACTING..............................................................................................................................123.4 REGULATIONS.......................................................................................................................................133.5 PROTECTION OF SITE..........................................................................................................................133.6 POSSESSION OF THE SITE..................................................................................................................133.7 CONTROL OF CONTRACTOR'S EMPLOYEES....................................................................................143.8 CONTRACTORS OBLIGATIONS............................................................................................................143.9 WARRANTIES.........................................................................................................................................163.10 CLIENTS OBLIGATIONS........................................................................................................................163.11 PAINTING................................................................................................................................................163.12 MATERIALS, LABOUR AND EQUIPMENT.............................................................................................163.13 MATERIALS EXAMINATION...................................................................................................................173.14 PAYMENT...............................................................................................................................................173.15 DEFAULT PROCEEDINGS.....................................................................................................................183.16 GST......................................................................................................................................................... 193.17 FAULT FINDING SERVICE.....................................................................................................................193.18 REPORTS AND ESTIMATES.................................................................................................................203.19 CONTRACTORS RECOMMENDATIONS...............................................................................................213.20 NOTIFICATION OF EQUIPMENT ALTERATIONS.................................................................................213.21 CLEANING..............................................................................................................................................213.22 CORRESPONDENCE.............................................................................................................................223.23 NOTICES.................................................................................................................................................223.24 INCLUSIONS...........................................................................................................................................223.25 MAINTENANCE RECORDS....................................................................................................................223.26 SECURITY...............................................................................................................................................233.27 LIABILITIES.............................................................................................................................................243.28 CONTRACTOR'S INSURANCE..............................................................................................................243.29 DETERMINATION OF THE AGREEMENT.............................................................................................253.30 ASSIGNMENT AND SUB-LETTING........................................................................................................253.31 NOTICES.................................................................................................................................................263.32 REPRESENTATIVES..............................................................................................................................263.33 PENALTIES FOR NON PERFORMANCE..............................................................................................263.34 ANNEXURES..........................................................................................................................................26

4 - MAINTENANCE & SERVICE SCHEDULE........................................................................................................30

5 - EQUIPMENT SCHEDULE - FIRE PROTECTION SERVICES..........................................................................32

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Knight Frank Australia Pty Ltd

PREVENTATIVE MAINTENANCE AGREEMENT

FIRE PROTECTION SERVICES

SECTION 1:

INFORMATION

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1 - INFORMATION

1.1 - ADVICE TO TENDERERS

1.1.1 TENDER SUBMISSION

Tenders must be completed on the Reference Schedule provided in ink or typewritten, and lodged in a sealed envelope address to Macquarie Asset Services Ltd. c/- Knight Frank Australia Pty Ltd. Tenderers must submit a complying tender to be considered. Where alternative submissions are provided they may be considered at the discretion of Knight Frank.

1.1.2 SPECIFICATION

The tender specification document shall remain the property of Knight Frank. One copy of the specification will be made available to the successful tenderer. ALL FIRE SERVICES TO SITE ARE TO BE DONE TO THE LATEST AS1851: 2005 AND OTHER APPLICABLE STANDARDS. WHERE CERTAIN ITEMS REQUIRE UPGRADING TO MEET AS1851: 2005 A SEPARATE PRICE IS TO BE PROVIDED.

1.1.3 CONTRACT DOCUMENTS

The Client is not bound to accept the lowest or any tender. The Conditions of Contract, Equipment Schedule and Maintenance and Service Schedules together with the Reference Schedule will form the contract documents.

1.1.4 TENDER ADEQUACY

The Tenderer is required to satisfy themselves as to the correctness and sufficiency of his tender. Any tender shall be deemed to be on the basis of full knowledge of all matters relating to the contract.

1.1.5 CLOSING DATE

The closing date for receipt of tenders is Friday 29th June 2007

1.1.6 TENDER IDENTIFICATION

The envelope containing the tender shall include the tenderer's name and be endorsed as follows:

Tender for Preventative Maintenance Agreement – Fire Protection Services85 George Street, Brisbane

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1.1.7 LUMP SUM FIXED PRICE CONTRACT

The contract shall be a LUMP SUM CONTRACT, including GST, and insurances. The contract price shall be a FIXED RATE.

Where multiple properties have been tendered simultaneously and savings have been offered based upon a tenderer securing multiple properties. The fee on each property shall be fixed for the term, irrespective of the contract status on the other properties.

1.1.8 VALIDITY PERIOD

Each tender submitted shall remain firm and binding upon each particular tenderer for a period of three (3) calendar months from the closing date for tenders.

1.1.9 TENDER INFORMATION

Tenders shall include ALL information as requested on the reference schedule.

1.1.10 INSPECTION OF SITE

The tenderer shall inspect the site by appointment, and become conversant with all relevant conditions and factors likely to affect the cost and time estimated for the tenderers Work, and allow for such factors, and accept full responsibility for them. All site inspections regarding this tender, shall be directed to Roger Waalder by telephone on 0433 692275 or facsimile on (07) 3211 7576.

1.2 - SCOPE OF WORKS

1.2.1 Provide a maintenance, testing, and inspection service of equipment nominated in the Equipment Schedule in Section 5 as detailed on the Maintenance and Service Schedules in Section 4 and Conditions of Contract in Section 3. Where applicable, the fire contractor shall allow for 1, 3, 6 and 12 monthly testing in conjunction with mechanical contractors. The Equipment Schedule in Section 5 is indicative only, the Contractor is required to ensure all base building equipment is included in the tender submission. The contractor shall provide details of all equipment in the tender submission. This equipment list does not limit the Contractors responsibility to maintain all equipment covered under this agreement.

1.2.2 Provide a seven (7) day 24 hour call out fault finding, and repair service within response times specified in Reference Schedule (Item 14). The required response of the callout, urgent or non urgent, shall be specified by the Property Manager. Where a required response is not specified, the response shall be non urgent.

1.2.3 Prepare submissions, service and fault reports and quotations for repair Work within specified time limits.

1.2.4 Comply with all statutes, regulations, ordinances, industrial agreements, safety requirements, security requirements, by-laws or requirements by authorities having jurisdiction over the property and the Terms and Conditions of contract Section 3. Where registration of equipment is required, the Contractor shall arrange registration / re registration and pay any associated fees. This shall include but not be limited to; pressure vessels.

1.2.5 Supply and install all consumable items including but not limited to: Preventative Maintenance Agreement – FIRE PROTECTION SERVICES85 George Street, Brisbane Page 2

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Lubricants, oils, fuels, greases, gaskets, packing, indicator lamps, oil filters, and any other consumables recommended by the equipment manufacturers or in the Maintenance and Service schedules within this tender.

1.2.6 Provide a site maintenance log book, as specified in clause 3.25 of Section 3.

1.2.7 Provide Certificates of Compliance where required by Authorities, for Work carried out on the equipment, as specified in clause 3.4.1 of Section 3.

1.2.8 Co-operate and co-ordinate with other contractors to perform the Work.

1.2.9 The property is to be maintained to comply with relevant Australian standards. Develop and provide Essential Safety Provisions (ESP) Log Book and fill out the book on each occasion when performing the relevant essential maintenance, as specified in clause 3.25 of Section 3.

1.2.10 The term for the contract is 5 years. Included in the scope of work is the 3 yearly valve overhaul and the cost is to be amortised over the term.

1.2.11 Where the main fire panel is electronically controlled an original copy of the panel programming in hard and soft formats along with the access password shall be provided. Any updates or password changes to the program during the term of the contract or extension to the contract shall be provided in hard and soft formats.

1.2.12 Provide an annual certificate stating that the maintenance has been carried out in accordance with requirements.

1.3 - DEFINITIONS

In relation to the documentation comprising the tender, the following definitions shall apply:

CHECK - "Shall mean" to inspect, examine and observe the operation of the item of equipment. Examination and verification of use of tools, measuring and technical instruments will normally be expected, in addition to use of physical senses of sight, hearing, touch and smell.

INSPECT - "Shall mean" to examine by means of physical senses of sight, hearing, touch and smell to determine physical condition, and to identify visual abnormalities.

CLEAN - "Shall mean" to clean thoroughly of visible dirt, dust and oils and greases, to obtain visually clean surfaces.

TEST - "Shall mean" to physically operate in accordance with the Manufacturers recommendations, using appropriate and accurate testing equipment.

ADJUST - "Shall mean" to bring to physical measurable desired settings using tools, test equipment or instruments which have been calibrated by N.A.T.A. approved facility.

MEASURE - "Shall mean" to physically quantify using accurate instruments, test equipment or approved industrial tools.

RECORD - "Shall mean" to tabulate results of measurements, checks, inspections, tests and adjustments on an approved record sheet in accordance with relevant standards acts and this specification.

LUBRICATE - "Shall mean" to oil and or grease to manufacturers recommendations, of both quantity, periodicity and recommended lubricants. Excessive lubrication is not beneficial and is to be avoided.

CONTRACTOR - "Shall mean" - the successful tenderer accepted by the Client.

SUB-CONTRACTOR - "Shall mean" - a person or company other than the contractor named in the contract to whom a part of the contract has been sub-let with the consent in writing of the Client.

CLIENT - "Shall mean" – [INSERT CLIENT NAME] [INSERT ABN].

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SITE REPRESENTATIVE - "Shall mean" - Knight Frank personnel.

AGENT - "Shall mean" - Knight Frank.

PROPERTY MANAGER - "Shall mean" - Knight Frank personnel.

PREMISES – “Shall mean” – The location as detailed at item 6 of the Reference Schedule.

REPORTS - "Shall mean" - the requirement for the Contractor to both enter the information, particularly highlighting a fault condition, on the service sheets and reporting same to the Client or Agent.

WORK - "Shall mean" - the work to be done by the Contractor.

THE CONTRACT - "Shall mean" - the agreement between the Client and the Contractor for the execution of the Work, including herein all documents too which reference may properly be made in order to ascertain the rights and obligations of the parties under the said agreement.

THE SPECIFICATION - "Shall mean" - this entire document including Conditions of Contract.

MONTH -"Shall mean" - calendar month.

SITE - "Shall mean" - all properties pertaining to this specification.

DATE OF ACCEPTANCE OF TENDER - "Shall mean" - the date upon which notice in writing of acceptance is handed or posted, postage pre-paid to the successful tenderer.

Words importing the singular shall be deemed to include the plural and vice versa where the test requires, and words importing persons shall include bodies corporate or incorporate.

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PREVENTATIVE MAINTENANCE AGREEMENT

FIRE PROTECTION SERVICES

SECTION 2:

REFERENCE SCHEDULE

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2 - REFERENCE SCHEDULE - FIRE PROTECTION SERVICES1.00 CLIENT: Macquarie Asset Services Limited C/- Knight Frank Australia Pty. Ltd

2.00 CONTRACTOR: National Fire Solutions Pty LtdABN: 56 087239085ADDRESS: Unit 1/26 Nevilles St, Underwood QLD 4119PHONE NO: 07 3107 1511 FACSIMILE NO: 07 3208 0111

3.00 DATE OF AGREEMENT: the 01/10/07

4.00 THE TERM: five years from 01/10/07

5.00 DESCRIPTION OF FIRE PROTECTION SERVICES: As per equipment schedule

6.00 LOCATION OF FIRE PROTECTION SERVICES: 85 George Street, Brisbane

7.00 MAINTENANCE INSPECTION AND SERVICE: As defined in the maintenance service schedule Section 4.

8.00 TOTAL SERVICE FEE (Including all sub contract assignments)

$15,860.00 + $1586.00 GST per annum payable at the rate of

$1321.67 + $132.17 .GST per 1 month in arrears

as from the 1st........ day of .October.. 2007.

9.00 ADDITIONAL AND EMERGENCY SERVICE CHARGE RATES:

Normal working hours $90 + $9 GST per hour(8.00am to 5.00pm Mon to Fri)

After Hours Rate 1 ….. times normal applicable* $108 + $10.80 GST per hour

Rate 1 is to apply at the following times ……5pm-8am Mon-Fri………………………….….

After Hours Rate 2 ….. times normal applicable* $108. + $10.80.GST per hour

Rate 2 is to apply at the following times …Saturday and Sunday…………………………..

Public Holiday Rate 3 ….. times normal applicable* $.............. + $………..GST per hour

Rate 3 is to apply at the following times …………………………………………………….….

After hours call out minimum charge $370.. + $37…..GSTThe after hours minimum charge includes …3.. hours labour.

NOTE: Motor Vehicle Charge, kilometres or Travelling Time will not be chargeable. These charges shall be reflected in the Charge Rates.

* In accordance with the following award conditions: EBA

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10.00 Mark up percentage on additional parts or components: 10 %

11.00 LIMIT OF LIABILITY: $20,000,000.00 for any one occurrence

12.00 SCHEDULE OF INSURANCES:Class of Cover,Policy Number

Primary Insurer Limit of Liability Expiry Date

13.00 SCHEDULE OF SUB-CONTRACT ASSIGNMENTSContractor Services to be Performed Service Fee

$PA + $ GSTThese costs shall be

included in the Total Service Fee, item 8

NO SUBCONTRACT LABOUR TO BE USED

14.00 RESPONSE TIME FOR BREAKDOWN CALLS

(a) During Normal Working Hours (Urgent) --------------------------- 1 Hour

(b) During Out of Normal Working Hours (Urgent) ------------------ 1 Hour

(c) During Normal Working Hours (Not urgent) ---------------------- 4 Hours

(d) During Out of Normal Working Hours (Not urgent) ------------- 4 Hours

15.00 BREAK UP OF HOURS TO CARRY OUT THE WORK

NB: The hours quoted are intended as a guide only to aid the Client in the analysis of the tender and do not constitute any limitation of the contractors liability to fulfil the obligations and scope of Work in the contract document.

................. x Weekly Service Visits ...............… Hours ......20..... x Monthly Service Visits ........20.… Hours .......4..… x Quarterly Service Visits ........ 15.… Hours .....10...... x Six Monthly Service Visits .........35… Hours .....10...... x Yearly Service Visits .........165..... Hours

TOTAL ........235........ Hours16.00 BREAK UP OF COSTS TO CARRY OUT THE WORK

The following table is to be completed to provide a cost break up of the Works.

NB: The costs quoted are intended as a guide only to aid the Client in the analysis of the tender and do not constitute any limitation of the contractor’s liability to fulfil the obligations and scope of Work in the contract document.

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Schedule Item Included in the Price (Y/N)

(excl GST)

STRUCTURAL FIRE PROTECTION & COMPARTMENTATION

Y

Fire resistant materials applied to building elements

Y

Early fire hazard indices for linings and surface finishes

N

Compartmentation annual inspection YFire doors, YSmoke doors NSolid core doors NFire shutters NFire windows YFire curtains (Proscenium arches) NWall wetting sprinklers NMEANS OF EGRESS YSIGNS YSigns concerning use of lifts in the event of fire

N

Internally illuminated exit signs YIndirectly illuminated exit signs YExit IdentificationEMERGENCY LIGHTING YFIRE-FIGHTING SERVICES & EQUIPMENT

Y

Fire pump sets Y

Fire main, booster, static water supply & associated equipment

Y

Fire hydrant installations YFire control room fit out and facilities YFire hose reels YPortable fire extinguishers YFire sprinkler installations Y

Special hazards fire-fighting systems & equipment

N

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Schedule Item Included in the Price (Y/N)

SA 76 $'s (excl GST)

AIR-HANDLING SYSTEMSFans & motors associated with the operation of a ventilation system

N

Smoke detectors (not forming part of an AS1670 system)

Y

Fire control associated with mechanical ventilation of air conditioning systems

Y

Fire shut down of equipment YControl of supply and/or return air fans or equipment

Y

Fire mode operation of air dampers for outside air, recycle air, relief air, zone control dampers for supply and return air including motorised fire/smoke/combination dampers

Y

Fire dampers thermal NSmoke hazard management NEgress pressurisation and/or (sandwich) pressurisation

N

Smoke spill NSmoke curtains, baffles or bulkheads (including concealed voids)

N

Roof & wall vents NNatural openings (windows, doors, panels, or the like - applicable to buildings approved prior to 1 Jan 1995)

N

Make up air provisions including louvres and automatic doors

N

Kitchen exhausts - including grease filters NMicrobial control - warm water, ventilation and cooling towers

N

Automatic monitoring of atmosphere contaminants for car-parks and other vehicle enclosures

N

Electric duct heaters NAUTOMATIC FIRE DETECTION & ALARM SYSTEMS

Y

Self contained smoke and thermal alarms YDetection & alarm systems YInterconnected smoke alarms for occupant warning systems

Y

Occupant warning systems including audible alarms, recorded & visual messages

Y

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Schedule Item Included in the Price (Y/N)

(excl GST)

EMERGENCY WARNING & INTERCOMMUNICATIONS SYTSEMS

Y

LIFTS NLifts providing a stretcher facility NEquipment & controls in lifts for operation in the event of emergency

N

Floor by-pass & other fire mode control of lifts

N

EMERGENCY POWER SUPPLY NINTERCONNECTIONS - FIRE SAFETY SYSTEMS

Y

ACCESS FOR FIRE APPLIANCES NOCCUPANCY HAZARD NEMERGENCY EVACUATION PROCEDURES

N

TOTAL $'s

(excl GST)

15860

TOTAL $'s

(GST)

1586

TOTAL $'s

(incl GST)

17446

17.00 COMMENTS & EXCLUSIONS

Where the present system does not comply to allow for testing under 1851:2005

All tenderers are to provide, as a separate price, a costing to bring the equipment

Up to the desired standard

18.00 EQUIPMENT SCHEDULE ATTACHEDYES NO

19.00 MAINTENANCE PROGRAM ATTACHEDYES NO

20.00 Listing of applicable Australian standardYES NO N/A

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PREVENTATIVE MAINTENANCE AGREEMENT

FIRE PROTECTION SERVICES

SECTION 3:

CONDITIONS OF CONTRACT

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3 - CONDITIONS OF CONTRACT

3.1 FORM OF CONTRACT

In consideration of the payment by the Client of the Service Fee set out in "Item 8" of the Reference Schedule and without limiting the rights and obligations of the parties more particularly set out in this Agreement the Contractor agrees to provide to the Client for the term set out in "Item 4" of that Schedule the Maintenance Inspection and Service (The Work) set out in the tender with respect to the Fire Protection Services and equipment (Plant and Equipment) described in "Item 5" of that Schedule and which is installed in and servicing those premises described in "Item 6" of that Schedule (the Premises) at the frequency and at the intervals set out in "Item 7" of that Schedule.

3.2 SAFETY3.22.1 The Contractor shall comply in respect to all relevant provisions of the Occupational Health, Safety and

Welfare Regulations, 1995 or any subsequent statute or regulations replacing these regulations.

3.22.2 Before doing any act or thing in execution or performance of the cleaning works and during the progress thereof, the Contractor shall take all reasonable precautions to prevent injury to any person or damage to any property being upon or in the vicinity of the premises. All cleaned surfaces are to be left in a non slippery state.

3.22.3 The Contractor, where necessary, shall ensure that all ladders, scaffolding and other equipment used in the execution and performance of the cleaning works comply with any relevant statutory or other requirements and are in a safe condition and when not in use are properly stored and secured so as to prevent unauthorised use thereof.

3.22.4 Prior to using any cleaning agent, the use of which is controlled by the Dangerous Goods Act, the Poisons Act or any other similar act, the Contractor shall notify the Consultant of his intention to use such agents and shall obtain the Consultants approval to use thereof. The Contractor shall not store such agents in excess of the quantities approved by the Consultant and then only in a storage area which can be locked and in properly labelled and sealed containers clearly marked with the name and quantity of the agent contained therein and the maximum capacity of the container.

3.22.5 The Contractor shall not smoke or allow his employees to smoke in any area of the premises.

3.22.6 The Contractor shall not heat wax (or any other inflammable substances) or use any heating appliances in the premises. Because of smoke detectors smoke generating equipment must not be used.

3.3 SUB-CONTRACTING

Unless the Contractor is a proven and experienced specialist in all fields required to service and maintain equipment under this Contract, it shall Sub-Contract to specialist Sub-Contractors where necessary.

The names of all Sub-Contractors shall be stated in tender documents, at item 13 in the Reference Schedule and relevant details of these Sub-Contractors provided at the Client's request.

Sub-Contracts shall not be let without the consent in writing of the Client. No change to Sub-Contracts shall be made for the duration of this Contract without the consent in writing of the Client.

The Client's consent to any Sub-Contractor shall not relieve the Contractor from full and entire

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responsibility for the contract, and the Contractor shall be responsible for making any Sub-Contractor aware of the conditions of this Contract.

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3.4 REGULATIONS

3.4.1 The Contractor shall in the execution and performance of the Work required by this Agreement comply with all statutes, regulations, ordinance, by-laws and requirements of all competent Authorities, which relate to or affect the Work. Where there is a requirement to complete a Certificate of Compliance the contractor shall do so.

3.4.2 The Contractor shall keep themselves informed of changes to all such ordinances, regulations, standards, which relate to and affect the Work, and inform the Client or agent in writing of these changes.

3.5 PROTECTION OF SITE

3.5.1 The Contractor shall take all reasonable and proper safety precautions to prevent death or injury to any person or damage to any property in or near the Premises and in particular all equipment used by the Contractor shall be used in such a manner and maintained and stored so as to prevent unauthorised use thereof and to minimise the danger of accident, injury or loss arising from the use of such items.

3.5.2 The Contractor shall liaise with each responsible Property Manager, and ensure plant and equipment is not inadvertently stopped, or cause any inconvenience to the tenants.

3.5.3 The Contractor shall at all times take all reasonable steps to minimise nuisance, including nuisances from dust, noise, debris, liquids and obstructions arising from the Work.

3.5.4 All existing Work or equipment damaged, disturbed or otherwise affected by the Work of this Contract either directly or indirectly, shall be made good in every trade to match the existing Work or as may be directed by the Client.

3.6 POSSESSION OF THE SITE

3.6.1 The Client shall give the Contractor such possession of the site as necessary to execute the Work, but not exclusive possession.

3.6.2 The Contractor shall organise and execute his Work so as to cause minimum inconvenience to the Client and occupants of the building.

3.6.3 The Contractor shall give the Site Representative or Property Manager at least three (3) days notice of inspections and service visits and shall at this time advise the extent and duration of any interruption to services due to Work at the site. The Client will provide the appropriate notification to the tenants.

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3.7 CONTROL OF CONTRACTOR'S EMPLOYEES

3.7.1 As far as practicable the Contractor shall use the same personnel for all Work at the site, and ensure that all personnel attending the site are familiar with the layout and location of all plant equipment.

3.7.2 The Client shall be at liberty to object to any person employed by the Contractor on the Work of the Contract. The Contractor shall remove the person so objected to upon receipt from the Client of notice in writing requiring him to do so.

3.8 CONTRACTORS OBLIGATIONS

3.8.1 The Contractor shall execute, perform and provide the Work described in this tender in every respect to the reasonable satisfaction of the Client and in conformity with all reasonable directions and requirements of the Client. The Contractor shall familiarise themselves with the Knight Frank Workplace Health and Safety Guidelines and comply with the document requirements. A copy of the document is available at www.knightfrank.com.au . Further the Contractor shall complete a site induction when requested to do so. First class quality engineering practices must be followed and particular instructions of equipment manufacturers adhered to. The contractor shall also register their details at www.icix.com.au and pay all relevant charges.

3.8.2 The Work shall be carried out by appropriately skilled qualified, competent and experienced persons who shall be properly trained, supervised or directed by the Contractor.

3.8.3 Prior to the Contractor commencing the Work, the Contractor shall familiarise himself with:

a. The Plant and Equipment installed in and servicing the premises.

b. All maintenance manuals, manufacturer's instructions and as-built drawings (if any) shall be made available by the Client for use by the Contractor.

3.8.4 Unless otherwise indicated in this Agreement the Contractor shall provide all equipment and materials for carrying out the Work.

3.8.5 In carrying out and performing the Work, the Contractor shall:

a. Not unreasonably interfere with the normal use of the Premises by the Client or the Tenants or other permitted occupiers/users. Any scheduled Work which will interfere with the normal use of the Premises shall be carried out outside normal working hours. Any costs associated with these Works must be included in the Service Fee per item 8 of the Reference Schedule.

b. Make good any damage to the Premises or it's services or finishes caused by any act or omission of the Contractor in carrying out the Work.

c. Not materially increase the energy consumption of the Plant and Equipment installed in and neither servicing the Premises nor interfering in any way with the operation and/or performance of the Energy Management System (if any) installed to the Premises.

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d. Ensure that all equipment is kept in a safe and operable condition at all times.

e. Ensure that correct and proper safety procedures are followed when working on equipment.

f. On completion of maintenance and or repairs, all equipment surfaces must be cleaned of accumulated dust and grease or oil with suitable solvents or detergents and left in a clean and dry condition.

g. Provide any and all suitable connections, materials and equipment necessary for the Contractor to make use of water and electricity provided by the Client to allow the Contractor to complete the Work.

h. When paintwork is damaged by maintenance Work specified herein, or parts are replaced with new or reconditioned parts, then equipment must be painted to match existing installation. Painting must consist of suitable primer, undercoat and full coat of gloss enamel.

i. Prior to leaving the site, remove all tools, redundant equipment, rubbish and dirt associated with the Work and leave the site in a clean and tidy condition.

j. The Contractor shall be responsible for all Work carried out under the Contract, whether performed by the Contractors' own staff or by appointed Sub-Contractors.

k. The Contractor shall give the Client or any other person authorised by the Client unlimited access to the Work, and shall provide every reasonable facility necessary for the inspection and supervision of any Work materials for the Contract at any place where the Work or materials are being carried out or prepared.

l. The Contractors' employees and Sub-Contractors shall be conversant with The Occupational Health, Safety and Welfare Act and perform the Work as per these regulations.

3.8.6 On each occasion when the Contractor performs the Work in the Premises, it shall furnish to the Client prior to leaving the site in such forms as the Client may reasonably require a report detailing:

a. Those parts of the Plant and Equipment inspected and the readings and/or tested performance of each such item.

b. Recommendations as to any necessary repairs that in the Contractor's opinion should be carried out to the Plant and Equipment.

3.8.7 The Contractor shall comply with the provisions of all Awards or industrial agreements in relation to wages and conditions of it's employees engaged in the performance of the Work.

3.8.8 The Contractor shall provide an accredited person to inspect and provide annual certification for Pressure Plant Equipment as required by the Occupational Health, Safety and Welfare Act 1995.

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3.9 WARRANTIES

3.9.1 All repairs carried out by the Contractor should carry a Parts and Labour Warranty. The warranty period will depend upon the type and extent of the repair and therefore the Contractor shall include the warranty period in the quotation for repairs. However, if the warranty period is not stipulated in the submissions, then a minimum of 12 months Parts and Labour Warranty will apply.

3.9.2 All warranty documents must be delivered to the Client or Agent.

3.10 CLIENTS OBLIGATIONS

3.10.1 The Client shall cause to be made available to the Contractor such:

a. Reasonable access to the Premises.

b. Electricity and water as is required to permit the Contractor to perform the Work.

c. Such maintenance manuals, manufacturer's instructions and as-built drawings as the Client has in relation to the Plant and Equipment.

3.11 PAINTING

3.11.1 Where necessary following maintenance and repairs of any damaged part or any new replacement parts, the surfaces of equipment should be painted.

3.11.2 All metal surfaces to be painted shall be prepared prior to painting as follows:-

(a) Remove dirt and solids from surface, remove grease, oil or wax with suitable solvents, to leave surface thoroughly clean and dry.

(b) Remove any rust by mechanical means.

(c) Apply one coat of rust converter, or suitable phosphoric acid based primer, followed when dry, by one coat of metal primer, and final coat of full gloss enamel to match the existing installation.

3.12 MATERIALS, LABOUR AND EQUIPMENT

3.12.1 The Contractor shall provide at his own cost and expense, all material, parts, labour, transport, tools, instruments and equipment necessary for the proper completion of the Contract.

3.12.2 Instruments shall have been calibrated at a N.A.T.A. certified facility within six months before use, and test certificates for instruments shall be submitted on request.

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3.13 MATERIALS EXAMINATION

3.13.1 If requested by the Client, samples of any materials or item of workmanship shall be submitted for examination and, or testing.

3.13.2 Non-scheduled materials and parts used in repairs shall be charged at invoice cost plus a fixed percentage as nominated at the time of tender. Copies of suppliers invoices for materials or from Sub-Contractors shall be made available on request.

3.13.3 Materials and parts shall comply with Australian or British Standards and be the best of their respective kinds, free from defects deleterious to performance or appearance. Where there is a conflict between standards the Australian Standard will take precedence.

3.13.4 The Contractor and his Sub-Contractors shall be responsible for ensuring that all materials and parts used during the course of this Contract have no detrimental effect on the equipment to be serviced and maintained under this Contract or any equipment related to equipment serviced under this Contract.

3.13.5 Any damage caused, either directly or indirectly, as a result of the use of incorrect parts or materials shall be rectified at the Contractor's and Sub-Contractor's cost as directed by the Client.

3.13.6 Where the Contractor is of the opinion that materials or parts currently in use are detrimental to the equipment life or operation, he shall notify the Client in writing together with his recommendations and cost estimates for correct material and parts application.

3.14 PAYMENT

3.14.1 Maintenance Contract Invoices

The Contractor shall submit an invoice each month in accordance with the direction of the Client and complete with a clear and legible copy of a service docket signed by the Client's representative. The service docket must summarise the Work completed and show materials used and hours spent on site.

The invoice for routine Contract maintenance shall be even monthly charges based on an average of the annual fixed lump sum Contract, and be addressed to the Client.

No additional payments will be made under this Contract other than additional Work authorised by the Client's representative, which is outside the extent of the Contract.

Any works not invoiced for a period of three (3) months after the completion of the works may not be paid by the Client

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3.14.2 Fault Repair Invoices

The Contractor shall submit to the Client an invoice showing the value of any fault finding or repair Work carried out.

The invoice shall be accompanied by a clear and legible copy of the service sheet, for Work performed and give detailed descriptions of the repair, materials used, time of arrival and departure, number of hours spent on job by the Contractor. Such service sheets accompanying the invoice shall bear the name (printed) and signature of the Client's representative.

The Client may withhold such part of the payment due as, in his opinion, would cover the cost of omissions or defects in the Work for which payment is claimed. Any sum so withheld shall become due when such omissions or defects have been made good.

Any works not invoiced for a period of three (3) months after the completion of the works may not be paid by the Client

3.15 DEFAULT PROCEEDINGS

If the Contractor neglects to execute the Work with due diligence or defaults in the performance or observance of any condition or stipulation contained in the Contract or refuses or neglects to carry out any instruction which the Client is entitled to give under the Contract and which is given in writing the Client may call upon the Contractor by notice in writing to show cause why the powers here in after contained in this Clause should not be exercised.

Such notice shall not unreasonably be given and must signify the default on the part of the Contractor upon which it is based. If, within seven days after receipt of the notice in writing, the contractor fails to commence Work, within a reasonable time fails to satisfactorily complete the Work the Client may exercise all or any of the following powers:-

SUSPEND PAYMENT UNDER THE CONTRACT;

TAKE THE WORK REMAINING TO BE COMPLETED WHOLLY OR PARTLY OUT OF THE HANDS OF THE CONTRACTOR OR ANY OTHER PERSON OR SUB-CONTRACTOR WHOSE HANDS OR POSSESSION THE WORK OR ANY PART OF IT MAY BE;

CANCEL THE CONTRACT;

If the Client suspends payment, such suspension of payment may be continued until the default shall have been rectified.

Should the Client decide to cancel the Contract, he may do so under notice in writing as from the date of such notice and the cancellation shall be without prejudice to any right that may have accrued to the Client or the Contractor under Contract.

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3.16 GST

In this clause unless the contrary intention appears:-

The "Act" means the Act entitled "A New Tax System (Goods and Services Tax) Act 1999" as amended from time to time or any act passed in substitution for or replacement of that act;

"Cost Savings" means any savings to the cost to the Supplier or making a supply under this agreement (including without limitation any savings in the cost to the Supplier of acquiring any goods or services used by the Supplier in making a supply under this agreement) by reason of the abolition of or a reduction in the amount of any tax, duty, levy , imposition or fee imposed under any legislation (including without limitation wholesale sales tax, stamp duty, financial institutions duty and debits tax);

Expressions and words defined in the Act and used in this clause have the meanings defined in the Act.

(a) All payments expressed or determined to be payable by a person to whom a supply of goods/services is made ("the Acquirer"), otherwise than by virtue of this clause, are calculated and will be determined exclusive of GST.

(b) If this agreement requires the Acquirer to pay, reimburse or contribute to an amount paid or payable by a party that makes a supply of goods/services to the Acquirer ("the Supplier") in respect of a taxable supply to the Supplier by a third party for which the Supplier is entitled to claim an input tax credit, the amount required to be paid, reimbursed or contributed by the Acquirer shall be reduced by the amount of that input tax credit.

(c) An amount payable to the Supplier under this agreement, other than an amount that the Acquirer must pay to the Supplier to pay, reimburse or contribute to an amount paid or payable by the Supplier to a third party, must be reduced by an amount equal to any Cost Savings.

(d) On and from 1 July 2000 on the due date for a payment payable by the Acquirer under this agreement (including amounts referred to in paragraph (b) of this clause) the amount the Acquirer must pay to the Supplier, is the amount derived by multiplying the original amount payable (after the deduction of Cost Savings) by the formula (1 + decimal expression of the GST rate imposed under section 4 of the applicable GST Imposition Act).

(e) The Supplier must provide to the Acquirer in accordance with the requirements of the Act a tax invoice for each payment by the Acquirer to the Supplier under this agreement.

3.17 FAULT FINDING SERVICE

3.17.1 The Contractor shall provide a 24 hour, 7 days per week call-out repair service, for equipment nominated under this Contract.

3.17.2 The after hours answering or pager service provided by the Contractor shall either be manned or shall provide the caller with a phone number where service personnel can be contacted.

3.17.3 A minimum of 2 telephone numbers shall be provided plus home telephone numbers of senior management for emergency use.

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3.17.4 Upon a request by the Client the Contractor shall, as soon as possible, and within the specified time, visit the site and determine the cause of any breakdown in services.

3.17.5 The Contractor shall immediately take minimum action necessary to leave the plant in a safe condition. The cost of such action shall be charged at schedule rates.

3.17.6 When the cause of the fault is of a major nature, the Contractor shall provide a report with recommendations and cost estimates for the repairs,

3.18 REPORTS AND ESTIMATES

3.18.1 Inspection and Servicing Reports

Inspection and servicing reports for the specification Schedules shall be completed on schedule forms reproduced from the tender schedules by the Contractor at no cost to the Client and will become and remain the property of the Client. Where there is no generic form for a piece of equipment the Contractor shall produce a service sheet based upon the schedule forms and adapted to suit the maintenance requirements of the equipment. Within the first month of the Contract the Contractor shall supply to the Client copies of service sheets to be used for each piece of equipment and a full maintenance program detailing maintenance inspection schedules for the term of the Contract. All schedule forms completed for each schedule service shall be left with the Client's representative on the completion of an inspection or service.

On completion of inspections the Contractor shall be responsible for detailing items requiring further attention on the Contractors service report sheets and forwarding a copy to the Client or Agent, together with recommendations and quotations within three days of the inspection.

Reports shall be signed by the Contractor at the completion of inspection.

The Client or their agent may check reports, and make check inspections on any matter arising from the Contractor's reports.

3.18.2 Fault Finding Reports

Following a fault finding inspection the Contractor shall, within three days, submit a written report stating the cause of the fault, corrective action taken and the cost of the repairs.

Where the Contractor cannot proceed with the repairs, a report shall be submitted forthwith containing recommendations and quotations.

The report shall be forwarded to the Clients Agent.

3.18.3 Quotations for Repairs

All quotations and estimates provided shall be itemised and shall include allowances for labour, parts, the Contractors mark up, removal of all rubbish and redundant parts from site any scrap or trade in value of redundant parts, any overtime considered necessary, and sales tax if applicable.

All repair Work carried out on equipment covered by this contract either during the term of this

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Contract or started during the term of this Contract shall be carried out under the terms and conditions of the Contract.

The quotation and estimates shall be distributed to the Client or his Agent.

Quotations submitted shall not necessarily be accepted and the Client shall be free to obtain additional quotations, and in the event that a satisfactory agreement cannot be reached between the Client and the Contractor regarding the quoted cost the Client may engage another Contractor to carry out the Work.

The Client shall be at liberty to purchase materials and parts for the Contractor to install as part of repair Work.

3.19 CONTRACTORS RECOMMENDATIONS

When in the course of routine inspections and servicing, the Contractor discovers equipment requiring repairs, he shall prepare and submit a written report recommending action necessary to place the equipment in first class working order

3.20 NOTIFICATION OF EQUIPMENT ALTERATIONS

Within the first month of the Contract the Contractor shall supply to the Client a detailed equipment register in a format similar to that in section 5. The equipment register will be provided to the Client in a soft format compatible with Microsoft Excel.

Where equipment is removed, modified or exchanged as a result of repair or modification works undertaken, the Contractor shall notify the Client in writing of any alteration to the maintenance procedures required to meet the manufacturers recommendations together with any additional items that the Contractor believes desirable.

The Contractor shall supply all equipment details as required by the Client. Documentation including but not limited to, operation and maintenance manuals, drawings and duct layouts shall be updated as required. Where appropriate documentation is to be provided in a soft format compatible with the latest version of Microsoft Word and Microsoft Excel and drawings in Autocad.

3.21 CLEANING

During Work on site, or at the end of each stage of Work, and on request, the Contractor shall remove from the site all dirt, debris and redundant equipment associated with such Work.

The Contractor shall, upon completion of any part of the Contract, remove all tools and equipment from the site and leave the site in a clean and tidy condition.

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3.22 CORRESPONDENCE

All correspondence to the Client shall be addressed to:Facilities ManagerKnight Frank (Qld) Pty LtdPO Box 146,Brisbane, Qld. 4001

All correspondence to the Contractor shall be addressed as detailed at item 2 in the Reference Schedule.

3.23 NOTICES

The Client or his agent shall be given seven (7) days notice of the time of six monthly and annual plant inspections and two days notice of three monthly inspections.

3.24 INCLUSIONS

The Contractor shall also be responsible for the maintenance of associated equipment listed as follows:-

3.24.1 All waste water discharge traps, drains and pipe-work, associated with the fire protection equipment including drains.

3.25 MAINTENANCE RECORDS

3.25.1 Australian Standards

The establishment of on site Operating and Maintenance log books are to be kept on site, and shall include the following:-

(a) Physical details including drawings to be stored carefully in a central site plant-room location as directed by the Client.

(b) Manufacturers recommendations and maintenance procedures details in this specification shall be retained on site.

(c) Recommendations for plant maintenance and cleaning procedures are also to be retained on site.

(d) Operating and safe shut down procedures are to be retained on site also.

(e) All documentation shall remain the property of the Client, and shall not be removed from site, at any time without written permission of the Client or the Managing Agent.

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3.25.2 Site Maintenance Log Book

As soon as possible after the tender is accepted, the Contractor shall supply and leave on each site, one (1) bound "Fire Maintenance Log Book" (A4 size, hard cover) which shall remain the property of the Client.

The log book shall be left either in the Fire Control Room or with the Client's representative on site as directed by the Client.

The Contractor shall, on arrival at site, report to the Client's representative, identify himself and advise as to whether the visit is for routine maintenance or repairs.

He shall report to the Client's representative on departure and notify same of the Work situation (i.e.) whether or not a problem has been rectified, or partially completed, and if any changes or adjustments have been made, and substantiating this advice thereby in the service sheets, or test reports.

The notated service procedures to be included in the record book, shall be retained on site as evidence that maintenance complies with Australian Standards. Further to this requirement, the Contractor shall develop and provide an Essential Safety Provisions (ESP) Log Book. The ESP Log Book shall be approved by the Property Manager prior to implementation and shall remain the property of the Client. The ESP Log Book shall be structured so that other trades required inspections can be added to the ESP Log Book. The ESP Log Book shall be maintained and updated following each required service.

3.25.3 Service Details for Maintenance Site Log Book

DATE OF SERVICE VISIT NATURE OF SERVICE WORK EQUIPMENT SERVICES NAME OF SERVICE PERSON/COMPANY

3.26 SECURITY

3.26.1 All persons brought onto the Premises by or at the request of the Contractor shall carry suitable identification indicating their functions and connection with the Contractor. This identification must be displayed by each person so as to be easily visible.

3.26.2 The Contractor and all persons visiting the Premises on his behalf shall be required for each and every visit to notify the Client upon arrival and prior to departure for each and every visit to the site.

3.26.3 The Contractor shall use only those means of ingress and egress to and from the Premises as are reasonably directed by the Client. Where keys (including electronic opening devices) are supplied to the Contractor by the Client for the purpose of such ingress and egress the Contractor shall take all necessary precautions to secure those keys and shall ensure that all such keys are returned to the Client when requested to do so. The Client will recover the cost of any keys (including electronic opening devices) not returned from the Contractor, and may at the Clients discretion recover the cost of any changes to locks necessitated by the loss of keys.

3.26.4 The Contractor shall take all necessary and reasonable steps to ensure that the security of the Premises is maintained at all times during the undertaking of the Work.

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3.27 LIABILITIES

3.27.1 The provisions of Contract must be read having regard to provisions in certain legislation which may have the effect of giving the Client certain rights against the Contractor which cannot be excluded, restricted or modified by agreement between the Client and Contractor. Nothing in this Contract shall have the effect of excluding, restricting or modifying such rights except to the extent to which they can lawfully be so excluded, restricted or modified and to the extent to which any provision of this Contract purports to do otherwise it shall be of no effect.

3.27.2 The Contractor shall indemnify the Client against claims in respect of personal injury to or the death of any person in the employment of the Contractor arising out of or in the course of or caused by the carrying out of Work. Provided that such claim does not arise from the fault, negligence or actionable wrong of the Client or his servants.

3.27.3 Subject to the provisions of Clause 3.28 hereof, the Contractor shall indemnify the Client against any claim in respect of loss or damage to property or death or injury to any person arising from negligence on the part of the Contractor with the carrying out of the Work.

3.27.4 The Proprietor acknowledges that:

The Contractor has included in the quoted price insurance costs covering the Contractor's liability as set out in Clause 3.27 and 3.28 hereof.

3.28 CONTRACTOR'S INSURANCE

3.28.1 The Contractor hereby agrees to effect a public liability and professional indemnity insurance policy for an amount not less than the agreed amount of the liability sum under this Agreement ("Item 11") and Clause 3.28 hereof in respect of accidents or incidents arising out of or in the course of or caused by the carrying out of his Agreement and resulting in:

a. the death or bodily injury to any person not being a person at the time of the accident engaged in or upon the service of the Contractor under a Contract of service or apprenticeship.

b. damage to property of any kind whatsoever and wheresoever situated.

3.28.2 Workers Compensation Insurance must be affected in accordance with the provisions of the Workers Compensation Act.

The insurance cover shall be unlimited in amount and shall be maintained until all Work including repair warranty Work is completed.

3.28.3 The insured shall be extended to indemnify the Client for the Clients statutory liability to persons employed by the Contractor.

3.28.4 The Contractor shall ensure that every sub-Contractor is similarly insured.

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3.28.5 The insurance referred to in Clause 3.27 and 3.28 shall be effected before the Work is commenced and shall be maintained effective in all respects until expiration or termination of the Contract. The Contractor shall furnish to the Client evidence that such insurance as aforesaid has been effected and shall supply particulars thereof and shall produce the relevant policies of insurance for inspection by the Client. The Contractor shall also furnish to the Client from time to time on request evidence that the said insurance remains current and that all premiums in respect thereof have been duly paid to the date of such inquiry. The Contractors warrant that the particulars set out in the Reference Schedule hereof relating to all insurances are accurate and correct at the time of Contract.

3.28.6 The Contractor shall effect the insurance required by the clause with an insurer approved by the Client and shall deposit with the Client certified copies of the cover notes policies and premium receipts failing which the Client may effect such insurances and the premiums thereafter shall be deducted from the sums payable under this Agreement.

3.29 DETERMINATION OF THE AGREEMENT

3.29.1 Unless earlier determined this agreement shall continue in force for the term stated in "Item 4" of the Reference Schedule.

3.29.2 At the end of the term stated in "Item 4", the agreement shall continue until either party terminates the agreement by giving at least thirty (30) days written notice to the other party.

3.29.3 If either the Contractor or the Client fails to comply with or observe any of the provisions of this Agreement then in any such case the party not being in default under the provisions of this Agreement may give to the other party written notice of such default, stating the party's intention to determine this Agreement and should the other party in default fail to rectify such default for seven (7) days after the date of service of such notice then the party not being in default shall be entitled by further written notice to determine this Agreement forthwith, which determination shall operate without prejudice to any right or liability accrued at the effective date of determination. The Client reserves the right to terminate the Agreement immediately without payment if the Contractor fails to comply with or observe any of the provisions of this Agreement on more than one (1) occasion.

3.29.4 Should the Contractor's conduct be unprofessional or if the Contractor act dishonestly or incompetently then the Client may terminate the agreement with immediate effect.

3.29.5 This agreement may be determined by the Client by notice in writing to the Contractor should the ownership of the building change.

3.29.6 The Client may terminate this Contract at any time by giving 30 days written notice to the Service Provider (expiring at any time).

3.30 ASSIGNMENT AND SUB-LETTING

3.30.1 The Contractor shall not assign or sub-let the whole or any part of this Agreement without the prior written consent of the Client.

3.30.2 The Client may with the prior written consent of the Contractor assign this Agreement to any subsequent person, body or company who becomes entitled to an estate or interest in the Premises by notice in writing to that effect given to the Contractor.

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3.31 NOTICES

Notices and invoices required to be given or served by either party to this Agreement shall be sufficiently given or served if delivered to the address or to the party to be served stated in this Agreement or such other address as is notified for the purposes of this Agreement by either party to the other from time to time. Correspondence to the Client should be sent to the address at clause 3.22 and correspondence to the Contractor should be sent to the address at item 2 in the Reference Schedule.

3.32 REPRESENTATIVES

3.32.1 The Client shall in writing notify the Contractor of the name and title of the Client's representative who shall be authorised to give and received instructions and directions relating to this Agreement.

3.32.2 The Contractor shall in writing notify the Client of the name and title of the Contractor's representative who is responsible for the proper performance of the Work to be performed under this Agreement and who shall be authorised to give and received instructions and directions relating to this Agreement.

3.33 PENALTIES FOR NON PERFORMANCE

3.33.1 The Contractor shall as a minimum, attend to the maintenance as per the hours specified in "item 15" of Section 2. Failure to comply shall entitle the Client to penalise the Contractor with a reduction in the service fee as per the hourly charges in "item 9" of Section 2 without prejudice to any other legal remedy available to the Client.

3.33.2 The Contractor shall comply with the response times stipulated in "item 14" of Section 2. Failure to comply shall entitle the Client to penalise the Contractor with a reduction of up to 10% of the monthly service fee without prejudice to any other legal remedy available to the Client.

3.33.3 The Contractor shall supply to the Client the equipment register, maintenance service sheets for each piece of equipment and a full maintenance program within the first month of the Contract. Failure to comply shall entitle the Client to withhold the first months payment until such time as the required information is received.

3.34 ANNEXURES

The following are the annexures including with this Agreement.

1. Maintenance and Service Schedules (Section 4)2. Equipment Schedule (Section 5)

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SIGNED FOR AND ON BEHALF OF National Fire Solutions Pty Ltd

Name of Signatory: …………………………… Title: ……………………………

Signature: ……………………………. Date: ……………………………

Phone: …………………………… Witness: ……………………………

SIGNED FOR AND ON BEHALF OF Knight Frank (Qld) Pty Ltd

Name of Signatory: …………………………… Title: ……………………………

Signature: …………………………… Date: ……………………………

Phone: …………………………… Witness: ……………………………

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PREVENTATIVE MAINTENANCE AGREEMENT

FIRE PROTECTION SERVICES

SECTION 4:

MAINTENANCE AND SERVICESCHEDULES

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4 - MAINTENANCE & SERVICE SCHEDULE

The Contractor shall maintain the plant and equipment at frequencies complying with statutory requirements, accepted industry standards and manufacturers recommendations.

The following service sheets detail the minimum levels of service acceptable.Where there is no generic service sheet for a piece of equipment, the Contractor shall produce a suitable service sheet.

The contractor shall provide a maintenance program, in a format similar to the table below, detailing the scheduled maintenance for the term of the contract and submit this with the tender documents.

Within the first month of the contract, the Contractor shall provide a detailed program of the scheduled maintenance for the term of the contract and service sheets to be used for each piece of equipment.The maintenance program shall be in a similar format to the table below and be provided in a soft format.

Example Maintenance Schedule

The following table defines the service schedule to be followed and the type of service due for each month of the contract:

W =Weekly Service Requirements. M = Monthly Service Requirements. 2M = Bi-Monthly Service Requirements. Q = Quarterly Service Requirements. 6M = Half Yearly Requirements. A = Annual Service Requirements.

EQUIPMENT Jan2007

Feb2007

March2007

April2007

May2007

Jun2007

Jul2007

Aug2007

Sept2007

Oct2007

Nov2007

Dec2007

Example Equipment ‘A’

Completed

M M M M M 6M M M M M M A

Example Equipment ‘B’

Completed

Q Q Q Q

Example Equipment ‘C’

Completed

M M Q M M 6M M M Q M M A

Example Equipment ‘D’

Completed

6M A

In respect to fire extinguisher maintenance the following details are required; location, type and programmed service dates and service level, to meet the requirements of AS1851.1. The Contractor shall notify the Property Manager of any additional extinguishers over and above those required to satisfy the statutory requirements and report any missing extinguishers.

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PREVENTATIVE MAINTENANCE AGREEMENT

FIRE PROTECTION SERVICES

SECTION 5:

EQUIPMENT SCHEDULE

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5 - EQUIPMENT SCHEDULE - FIRE PROTECTION SERVICES

EQUIPMENT DESCRIPTION INCLUDED IN

CONTRACTFire Doors/Smoke Doors YES

Emergency Lights (Base Building) (Elect contract) YES

Emergency Lights (Tenant) (Elect contract) YES

Illuminated Exit Signs (Base Building) (Elect contract) YES

Illuminated Exit Signs (Tenant) (Elect contract) YES

Hose Reels YES

Portable Fire Extinguishers (Base Building) YES

Portable Fire Extinguishers (Tenant) NOTenants to

organise their own servicing

Smoke Spill Fans (coordinate with Mechanical Contractor) YES

Fire Dampers - Thermal Fans (coordinate with Mechanical Contractor)

NO

All Automatic Fire Detection and Alarm Systems

YES

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EQUIPMENT SCHEDULENote: This list is indicative only. The Contractor is responsible for ensuring all equipment is included in the tender submission.

Asset Function Quantity Details Location

Hydrant Pump Fire Services 1 Ajax ASFBSL Loading DockElectric Sprinkler Pump Fire Services 1 Ajax AEVBXX B1Diesel Sprinkler Pump Fire Services 1 Ajax E66-20 B1

Fire Extinguishers Fire Services 33 All FloorsHose Reels Fire Services 25 All Floors

Hydrant Points Fire Services 25 All FloorsFire Doors Fire Services 64 All Floors

Manual Call Points Fire Services 24Evac Panel Fire Services 1 FFE8070 B1Fire Panel Fire Services 1 Ziton B1

Stairwell Pressurisation Fans Mechanical Services 1 Fantech APO634 StairwellStairwell Pressurisation Fans Mechanical Services 1 Fantech APO634 StairwellStairwell Pressurisation Fans Mechanical Services 1 Fantech APO634 StairwellStairwell Pressurisation Fans Mechanical Services 1 Fantech APO634 StairwellStairwell Pressurisation Fans Mechanical Services 1 Fantech APO804 StairwellStairwell Pressurisation Fans Mechanical Services 1 Fantech APO804 Stairwell

Exit and Emergency Lights Fire Services 373 approx Various All FloorsDetectors Fire Services 24 Various All Floors

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