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the purposes of the PPSA and creates a security interest in all Goods that have
previously been supplied and that will be supplied in the future by the Provider to
the Client.
The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information
(such information to be complete, accurate and up-to-date in all respects)
which the Provider may reasonably require to;
i. register a financing statement or financing change statement in relation
to a security interest on the Personal Property Securities Register;
ii. register any other document required to be registered by the PPSA; or
iii. correct a defect in a statement referred to in clause 0(a)i or 0(a)ii;
(b) indemnify, and upon demand reimburse, the Provider for all expenses
incurred in registering a financing statement or financing change statement
on the Personal Property Securities Register established by the PPSA or
releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest
without the prior written consent of the Provider;
(d) not register, or permit to be registered, a financing statement or a financing
change statement in relation to the Goods in favour of a third party without
the prior written consent of the Provider;
The Provider and the Client agree that sections 96, 115 and 125 of the PPSA do
not apply to the security agreement created by these terms and conditions.
The Client waives their rights to receive notices under sections 95, 118, 121(4),
130, 132(3)(d) and 132(4) of the PPSA.
The Client waives their rights as a grantor and/or a debtor under sections 142 and
143 of the PPSA.
Unless otherwise agreed to in writing by the Provider, the Client waives their right
to receive a verification statement in accordance with section 157 of the PPSA.
The Client must unconditionally ratify any actions taken by the Provider under
clauses a, b, c,& d above.
Subject to any express provisions to the contrary nothing in these terms and
conditions is intended to have the effect of contracting out of any of the provisions
of the PPSA.
8. Indemnification
The Client agrees to indemnify and hold harmless Guardian and Service Centre
(including their respective employees and agents) from any and all claims,
demands, actions, costs and expenses whatsoever that may arise, directly or
indirectly, out of any act or omission of the Client, other users of the Vehicle, or
persons under their care, custody or control, relating to the Client’s participation in
the Program, other than claims, demands, actions, costs and expenses caused
by the negligence, breach of contract or unlawful action of Guardian or Service
Centre.
This obligation shall continue after termination of this Agreement. Neither
Guardian nor Service Centre (including their respective employees and agents)
shall be held liable for any loss, injury or damage of any nature whatsoever that