The Village Markets x RTC 7 December 2023 Pop Up

Use of Licensed Area and Centre

4.1 Without limiting any other provision of this Agreement, the Licensee must:

1. (a)  not use the Licensed Area except for the Permitted Use;

2. (b)  use the Licensed Area only during the core trading hours of the Centre (unless otherwise approved in writing by the Licensor);

3. (c)  ensure that its personnel are professionally attired at all times and do not eat or drink within the Licensed Area or smoke within the Centre;

4. (d)  ensure its personnel or others in the Licensed Area in connection with this Agreement do not harass customers or other persons or hinder the progress of customers or other persons through the Centre;

5. (e)  comply with all laws and with the requirements of authorities in relation to the Licensed Area and its use;

6. (f)  where required by law, ensure that all of the Licensee’s personnel who will be dealing with persons under the age of 18 years in connection with this Agreement have complied with and obtained the relevant authorisations and clearances required to work with children and provide copies of such authorisations and clearances to the Licensor on request;

7. (g)  ensure that the height of any display or Licensee's Equipment on the Licensed Area does not exceed 1.4 metres (unless otherwise approved in writing by the Licensor);

8. (h)  not do anything in the Licensed Area or the Centre which in the reasonable opinion of the Licensor may cause offence, nuisance, obstruction, danger, damage or disturbance to the Licensor or to other tenants, licensees or users of the Centre;

9. (i)  not obstruct or interfere with any of the entrances or common areas of the Centre;

10. (j)  ensure that all excess stock, including cardboard boxes and bags, is hidden from customer view at all times;

11. (k)  not spruik or use sound amplification equipment from the Licensed Area or the common areas of the Centre (unless otherwise approved in writing by the Licensor);

12. (l)  not exceed the sound levels determined by the Licensor and notified to the Licensee from time to time;

13. (m)  not store or use flammable or dangerous substances in the Licensed Area;

14. (n)  not permit or use open flames, flashing lights or helium balloons on the Licensed Area;

15. (o)  not make any alterations or additions to the Licensed Area without the prior approval of the Licensor (which approval may be given or withheld in the Licensor's absolute discretion);

16. (p)  keep the Licensee’s Equipment and the Licensor’s Equipment in good repair and condition;

17. (q)  keep the Licensed Area in a clean and presentable state at all times during the Term;

18. (r)  participate and ensure that its staff participate in any induction training reasonably required by the Licensor;

19. (s)  comply with and ensure that its staff comply with the Centre Rules and Regulations from time to time (which will bind the Licensee from the time that written notice of the rules (or of any changes) is given to the Licensee) and provided that such rules (and changes) do not materially derogate from any express Rights in favour of the Licensee under this Agreement;

20. (t)  comply with all reasonable directions of the Licensor in relation to matters of health, safety, cleanliness, management of the Centre, maintaining security, after hours access, loading dock access, car parking, proper use of facilities and appurtenances and affixing items to parts of the Licensed Area;

21. (u)  if the Licensor (acting reasonably) notifies the Licensee that the Licensor considers that any product or service sold or promoted by the Licensee is inappropriate or in conflict with products or services sold or promoted by other retailers in the Centre, immediately stop selling or promoting that product or service from the Licensed Area;

22. (v)  rectify all faults and safety risks identified by the Licensor as part of any risk assessment undertaken by the Licensor to a standard approved by the Licensor in a timeframe nominated by the Licensor (acting reasonably); and

23. (w)  comply with (and ensure its employees, subcontractors and agents comply with):

    1. (i)  any applicable work health and safety legislation and other safety

       requirements (Work Health and Safety Requirements) at its cost;

    2. (ii)  all reasonable directions of the Licensor in relation to Work Health and Safety Requirements, matters of health, safety, cleanliness, management of the Centre, maintaining security, afterhours access, loading dock access, car parking, proper use of facilities and appurtenances and affixing items to the Licensed Area;

24. (x)  without limiting clause 4.1(w)(i), discharge (and ensure its employees, subcontractors and agents discharge), their respective duties under Work Health and Safety Requirements;

Licence Number (BQ008465v0001) Page 7

Short Term Marketing Space Licence Agreement

25. (y)  not, by any act or omission, place the Licensor in breach of any Work Health and Safety Requirements;

26. (z)  comply with, and not by any act or omission place the Licensor in breach of, any policies, rules or plans of the Licensor in relation to work health and safety which are provided to the Licensee from time to time;

27. (aa)  if required by the Licensor, complete any required induction program in relation to work health and safety at the Licensed Area or the Centre; and

(bb) consult fully with the Licensor in respect of any matter relevant to health and safety and promptly notify the Licensor of any accident, injury, property or environmental damage that occurs on the Licensed Area during the Term.