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Bulk Water Supply ContractIf, in SunWater’s reasonable opinion, the failure to take water by the Customer inaccordance with clause 4(g)(iii), either represents a risk that:(a)SunWater is in breach of its obligations under the Resource Operations Licence; or(b)the rights and interests of other customers within the Regulated Area will beadversely affected; then,SunWater may exercise a right to require the Customer to pay the Consumption Chargesfor all water ordered but not taken by the Customer. If the relevant charge is included in aninvoice issued by SunWater within 3 months of the end of the Water Year, the Customermust pay the relevant charge.However, nothing in this clause shall limit any other rights of SunWater under thisAgreement or otherwise against the Customer in relation to any such breach. In particular,SunWater may require the Customer to pay an amount equal to the costs reasonablyincurred by SunWater in complying with the Customer’s order, less the relevant charge forConsumption Charges.7.9Consequences for Water Ordered but Not TakenWhere SunWater forms the opinion referred to in clause 7.8, and the sum of the waterordered, but not taken and the water taken, exceeds the total of the Customer’s MaximumDelivery Volume, the Customer shall be deemed to be in breach of clause 4(e).7.10Obligations where Another Person has Diverted on Behalf of the CustomerWhere:(a)another person diverts water on behalf of the Customer; and(b)in taking the water from that other person, the Customer has taken more water than:(i)the Customer was entitled to take from that person; or(ii)was ordered from that person;then,(c)the Customer will pay the Consumption Charge, calculated on the volume of waterthat would have been diverted to allow the water to be taken or ordered; and(d)the Customer will be deemed to be in breach of clause 4(e).8.Term8.1Initial TermThis Agreement commences on the Commencement Date and continues unlessterminated under its provisions.8.2Changes to Contract ConditionsThe Customer acknowledges that some provisions of this Agreement may be renderedinappropriate over time and accept that SunWater may initiate consultation with theCustomer or any group representing customers within the Regulated Area (if such groupexists) with a view to establishing new terms and conditions.8.3Notice of New TermsWhere, after consultation with the Customer or a group representing customers within theRegulated Area, SunWater has determined new terms and conditions which should applyto the Release Services, SunWater may by written notice given to the Customer 3 monthsprior to a Review Date, notify the Customer of the new terms and conditions.8.4Customer’s Response to New TermsIf the Customer, prior to the relevant Review Date, accepts in writing the new terms andconditions, then as and from the relevant Review Date this Agreement shall terminate andthe new agreement shall apply.Version 1Page (6)

Bulk Water Supply ContractIf the Customer does not accept the new terms and conditions by the relevant ReviewDate, SunWater may by written notice to the Customer given not later than 3 months afterthe relevant Review Date, elect to continue to supply Release Services to the Customer onthe terms of this Agreement or to terminate this Agreement as and from the date of suchnotice.8.5Failure to hold Water EntitlementIf, on any Review Date, the Customer does not hold a water entitlement, that part of thisAgreement that relates to the water entitlement shall automatically terminate as and fromsuch Review Date.Where the customer holds an Additional Contract, that part of this Agreement for thesupply of water available under the Additional Contract will terminate on the relevantTermination Date for the Additional Contract specified in Schedule 2.9.SunWater Rules and Charges9.1SunWater RulesSunWater may make and amend the SunWater Rules concerning the Regulated Area,including:(a)implementing SunWater’s rights and obligations as the holder of the ResourceOperation Licence; and(b)setting out, clarifying or amending the rights and obligations of SunWater and theCustomer under this Agreement,provided that the SunWater Rules:9.2(c)are not inconsistent with the Resource Operations Licence and this Agreement;(d)are not inconsistent with the Strategic Asset Management Plan if any; and(e)has been the subject of consultation with the Customer or any group representingcustomers within the Regulated Area (if such group exists).SunWater ChargesSunWater may make or amend:9.3(a)the Other Charges and the Minimum Charge, and shall publish particulars of suchOther Charges from time to time;(b)the Consumption or Fixed Charges as and from any Review Date as provided inclause 9.3, except where the Charges are Regulated Charges; and(c)where the Consumption or Fixed Charges are no longer Regulated Charges, thefirst Review Date will be the date from which such Consumption or Fixed Chargesare not Regulated Charges.Process to make or amend the Consumption or Fixed Charges(a)During the period commencing 6 months before any Review Date and expiring 6months after any Review Date SunWater may notify the Customer of the amount ofthe Consumption Charges and/or the Fixed Charges as and from the relevantReview Date;(b)In determining such Charges SunWater shall:(c)Version 1(i)act reasonably; and(ii)have regard to the criteria which would be taken into account under anystatutory regime for prices oversight from time to time applying inQueensland;SunWater’s determination of such Charges, shall be final and binding on the partiesunless the same is manifestly unreasonable having regard to the criteria whichPage (7)

Bulk Water Supply Contractwould be taken into account under any statutory regime for prices oversight fromtime to time applying in Queensland.9.4Index Review of the Consumption and Fixed ChargesWhere the relevant Charges are not Regulated Charges, as and from each 1 July which isnot a Review Date, the Consumption Charges and the Fixed Charges shall be increasedby the proportion by which the Index Number last published for the period immediatelyprior to the relevant 1 April has increased, over the Index Number published for therelevant period immediately prior to the preceding 1 April.10.Customer Obligations – SunWater Works and Customer’s Nominated Works10.1Customer not to DamageThe Customer shall not damage or by any act or omission permit damage to the SunWaterWorks.10.2Customer to Notify DamageThe Customer, on becoming aware of any actual or threatened damage to, or malfunctionin the SunWater Works, must promptly notify SunWater:10.3(a)where the damage or malfunction is serious, verbally and subsequently in writing;and(b)otherwise in a manner convenient to the Customer.Customer’s Operation of SunWater WorksWhere the Customer, at SunWater’s request, carries out activities or performs services forthe operation of the SunWater Works, the Customer shall carry out such activities andservices reasonably and promptly and with proper care and attention.10.4 Customer’s Nominated Works to be ApprovedPrior to installing or altering the Customer’s Nominated Works the Customer must obtainthe prior written approval of SunWater to the Customer’s Nominated Works, including theconfiguration, specifications of and maximum diversion rates for any pump included in theCustomer’s Nominated Works, which approval may not be unreasonably withheld.10.510.6Miscellaneous Provisions for Clause 10(a)Nothing in clauses 10.1 or 10.3 makes the Customer liable to SunWater for anEvent of Force Majeure or for operating SunWater’s Works in accordance withSunWater’s instructions in 10.3.(b)An example of “omission” as used in clause 10.1, is the failure to maintain theCustomer’s Nominated Works.Access by CustomerSunWater authorises the Customer, and any person nominated or authorised by theCustomer, to access the Customer’s Nominated Works for the purposes of operation,maintenance and meter reading, but at the risk of the Customer or such other person.11.Meter/Measurement11.1Meter InstallationVersion 1(a)Unless this requirement is waived by SunWater, a Meter acceptable to SunWatermust be acquired and installed at the cost of the Customer, within the Customer’sNominated Works or SunWater Works(b)The Customer may:(i)install the Meter itself; or(ii)arrange for a third party to install the Meter.Page (8)

Bulk Water Supply Contract11.2(c)Any party installing a Meter shall install the same correctly in accordance with theapproval under clause 10.4.(d)SunWater’s right under subclause (a) includes the right to require the replacementor upgrade of a Meter already installed where such replacement or upgrading isnecessary in the reasonable opinion of SunWater but at the cost of SunWater or,where the Customer has breached clause 11.2, the Customer.No Actions Affecting MeterThe Customer must not:(a)damage or by any act or omission permit damage to the Meter; or(b)do or omit to do anything which may affect:(i)the accuracy of any Meter used by SunWater in connection with thisAgreement;(ii)the operation of the Customer’s Nominated Works or any Meter used bySunWater so as to render inaccurate the recording of the volume of watertaken; or(iii)the capacity of the Customer’s Nominated Works to take water.An example of “omission” as used in clause 11.2, is the failure to maintain theCustomer’s Nominated Works.11.3Ownership of MeterAny Meter shall upon installation become and remain the property of the Irrigation Entity.11.4Disclosure of Records(a)By SunWaterThe Customer authorises SunWater to make available to:(i)the Regulator;(ii)a holder of a resource operations licence or distribution operations licence inthe Regulated Area;(iii)any other person as required under any Law; and(iv)with the consent of the Customer, any person proposing a dealing with theCustomer’s Allocation,such information and records concerning the Customer, the Customer’s Allocation,the Meter and the volumes of water taken, as is required by Law or to which theCustomer consents or which may be required for the proposed dealing.(b)By the electricity supplierThe Customer authorises any electricity supplier to supply to SunWater, particularsof electricity consumption by the Customer for the taking of water.11.5Estimate(a)Version 3If, for any period during the current Water Year or the most recently completedWater Year only:(i)SunWater has reasonable grounds to believe that the Meter is or was notmeasuring accurately;(ii)no Meter is installed;(iii)access to the Meter was not obtained for any reason; or(iv)SunWater has reasonable grounds to believe the Customer has not strictlycomplied with the requirements of clauses 11.2, 11.4 or 11.7,Page (9)

Bulk Water Supply Contractto determine applicable Consumption Charges, SunWater may make an estimate ofthe volume of water taken by the Customer over that period. Any estimate made bySunWater under this clause may be issued as a separate invoice by SunWater andshall bind the Customer;11.6(b)In making such an estimate, SunWater must consult with the Customer, actreasonably and may have regard to any relevant matter including water ordered bythe Customer, the Customer’s prior water use history, hours pumped, electricityconsumed, industry practice or the area under irrigation;(c)Clause 21 shall apply to an estimate made under this clause;(d)Examples of “reasonable grounds” under clause 11.9(a), include:(i)testing of the Meter; or(ii)timing the Meter against a known discharge; or(iii)where the Meter is not registering and water is being taken.Customer to AssistThe Customer shall:(a)Version 3upon request by SunWater supply to SunWater any relevant document orinformation in the possession or control of the Customer which would assistSunWater in making an estimate under clause 11.9;Page (10)

Bulk Water Supply Contract(b)permit SunWater or any person authorised by SunWater to have access to, andread, any electricity meter recording electricity used in connection with the taking ofwater; and(c)permit SunWater or any person authorised by SunWater to have access to the landof the Customer for any purpose reasonably associated with the performance of thisAgreement or carrying out its responsibilities under the Resource OperationsLicence.12.Non-release Authorisations12.1Suspension or Restriction of ReleasesSunWater may suspend or restrict releases of water from the works of SunWater:12.2(a)during maintenance or replacement of the SunWater Works or of the waterinfrastructure of the holder of another resource operations licence or a distributionoperations licence in the Regulated Area;(b)where SunWater or the holder of another resource operations licence or adistribution operations licence in the Regulated Area is carrying out works for newwater infrastructure;(c)where, in the reasonable opinion of SunWater, such release:may cause or contribute to damage to the property, livestock, crops or assetsof any person (including SunWater or the Customer);(ii)may cause or contribute to loss of life or injury to persons;(iii)may cause or contribute to an adverse effect on public health;(iv)is likely to constitute a breach by SunWater of its obligations under theResource Operations Licence, any Law or an agreement;(v)would be impractical considering the level of demand, performance of thewatercourse (including potential water losses) and the requirements of othercustomers within the Regulated Area at the time;(d)by reason of an Event of Force Majeure;(e)where provided for under the SunWater Rules.Direction Not to Take Water(a)Version 3(i)Where the Customer:(i)has committed a material breach of this Agreement;(ii)is in arrears for payments for Charges for more than 2 months;(iii)has breached this Agreement and has not reimbursed SunWater for costsincurred by SunWater in rectifying the breach;(iv)has not provided the security required under clause 20;Page (11)

Bulk Water Supply Contract(v)has breached any of clauses 4(a), (c), (d), (e), (f), 11.2, 11.5 or 11.10 then,SunWater may direct the Customer or any person diverting or taking the Customer’sAllocation, not to divert or take water under the Customer’s Allocation.(b)12.3The direction under this clause must give a reasonable time within which:(i)the Customer must object in writing, to the direction; and(ii)the Customer must take the remedial steps required, with examples of“reasonable times” being:(A)7 days, for the payment of an outstanding debt; and(B)14 days, for the provision of security under clause 20.Consequences of Ordering and Not Taking WaterIf, in the reasonable opinion of SunWater, the breach by the Customer of clause 4(g)(iii),either represents a risk that:(a)SunWater is in breach of its obligations under the Resource Operations Licence; or(b)the rights and interests of other customers within the Regulated Area will beadversely affected,then SunWater must notify the Customer within 3 months of the end of the Water Year inwhich the breach occurred, that:(c)the entitlement of the Customer to take under this Agreement the Customer’sMaximum Delivery Volume is reduced, by the volume of water not taken; and(d)the reduction will be made from the Customer’s Maximum Delivery Volume in thecurrent and subsequent Water Years until the volume of water not taken has beenentirely deducted.The parties acknowledge that action or inaction by SunWater under the provisions of thisclause, does not prevent SunWater from taking action under another clause of thisAgreement.12.4If Customer does Not Comply with Direction Not to Take WaterWhere SunWater considers that the Customer, or a person to whom the direction is given,has not complied with or will not comply with a direction under clause 12.2, SunWater maytake all reasonable steps to ensure that the Customer or other person complies with thedirection, including:(a)not releasing water under this Agreement;(b)stopping the Customer’s or other person’s taking water by making modifications toSunWater Works, the Meter or the Customer’s Nominated Works.13.Water Quality13.1No Warranty by SunWaterSunWater makes no representation and gives no warranty:Version 3(a)about the quality of water within the SunWater Works or the Regulated Area;(b)that any actions, measures or steps will be taken by SunWater to prevent anyadverse effects on the quality of water in the Regulated Area, within the SunWaterWorks or after its release from SunWater Works and prior to its diversion or takingby or on behalf of the Customer; or(c)that water within SunWater Works, the Regulated Area or available for diversion ortaking at the Customer’s Nominated Works is potable or suitable for any purpose(whether or not it is a purpose to which SunWater knows the Customer may put thewater).Page (12)

Bulk Water Supply Contract13.2Customer to TestThe Customer shall satisfy itself about the quality of water by testing or other means priorto diverting or taking any water in the Regulated Area.13.3Customer to IndemnifyThe Customer must indemnify SunWater against each claim, action, proceeding,judgment, damage, loss, expense or liability incurred or suffered by or brought or made orrecovered against SunWater:13.4(a)in connection with the quality of water within the SunWater Works and theRegulated Area where an act or omission of the Customer (whether or not underthis Agreement) has affected the quality of such water;(b)by any person to whom the Customer has supplied water or who the Customer hasallowed to take water.Release by CustomerThe Customer releases SunWater from all claims, actions, demands, proceedings andliability which it may have or claim to have or but for this release might have had againstSunWater connected with the quality of water within the SunWater Works, the RegulatedArea or diverted or taken by or on behalf of the Customer.14.Assignment/Subcontracting by SunWater14.1Assignment by SunWaterSunWater may assign its rights and obligations under this Agreement to any personprovided such person:14.2(a)is or becomes the holder of the Resource Ope

(g) where a system for the ordering of water is in place under the SunWater Rules: (i) must take water only to the extent the Customer has complied with the ordering system; (ii) must not take water at a rate or volume greater than the amount ordered; (iii) must take reasonable measures to take all water that has been ordered by