Project: WestConnex 3A

M4–M5 Link Main Tunnel Works

Deed of Variation No. 002

Lendlease Engineering Pty Limited (ABN 40 000 201 516), Samsung

C&T Corporation, a duly organised company under the Laws of the
Republic of Korea (ABN 49 160 079 470) and Bouygues Construction
Australia Pty Limited (ABN 37 144 013 801) comprising the Lendlease
Samsung Bouygues Joint Venture (46 422 742 617) (LSBJV)
Contractor

Platinum Management Services Pty Ltd (Platinum)

(ABN 90 617 174 437)
Subcontractor

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Contents

1. Definitions and interpretation ................................................................ 3

1.1 Definitions in the Subcontract .................................................... 3
1.2 Interpretation ............................................................................. 3
2. Consideration.......................................................................................... 3

3. Agreement to vary Subcontract ............................................................. 3

4. Binding effect of this deed ..................................................................... 3

5. Ratification of the Subcontract .............................................................. 3

6. Miscellaneous ......................................................................................... 4
6.1 Further acts ............................................................................... 4
6.2 Entire agreement ....................................................................... 4
6.3 Counterparts.............................................................................. 4
6.4 No Representation or reliance ................................................... 4
Schedule 1 - Variations to the terms of the Subcontract ..................................... 5

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Project: WestConnex 3A

M4-M5 Link Main Tunnel Works - Deed of Variation No. 002

made on Date: 04/02/2020

Parties Lendlease Engineering Pty Ltd ACN 000 201 516 of Level 14, Tower
Three, International Towers Sydney, Exchange Place, 300 Barangaroo
Avenue, Barangaroo NSW 2000

Samsung C&T Corporation ABN 49 160 079 470 of Upper Ground Floor,
3 Murray Rose Avenue, Olympic Park NSW 2127 and

Bouygues Construction Australia Pty Ltd ABN 37 144 013 801 of 8/77
Pacific Hwy, North Sydney NSW 2060

comprising the Lendlease Samsung Bouygues Joint Venture (ABN 46

422 742 617)

(together called the Contractor)

Platinum Management Services Pty Ltd ABN 90 617 174 437 of 39/3
Kelso Crescent Moorebank, NSW 2170

(together called the Subcontractor)

Each a “Party” and together the “Parties”.

Recitals
A. The Parties have entered into a Minor Works Subcontract LSBJV-PRW-0033 (the
Subcontract) for the WestConnex Stage 3A M4-M5 Link Main Tunnel Works Project
(the Project).

B. In accordance with this Deed of Variation Number 002, the Parties agree to vary
certain provisions of the Subcontract to provide for:

(a) Amendment to two rates in Annexure Part C – Subcontract Sum

(i) 12 Hour Shift Rates – Security Guard – 6:00am – 18:00pm (Week

Day)

(ii) Hourly Rates – Security Guard – 6:00am – 18:00pm (Week Day)

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Operative Provisions
1. Definitions and interpretation
1.1 Definitions in the Subcontract
Words and expressions which have a defined meaning in the Subcontract have the
same meaning in this deed.

1.2 Interpretation
This deed is to be interpreted in accordance with the interpretation provisions in the
Subcontract.

2. Consideration
The parties enter into this deed in consideration of the promises contained in this
deed.

3. Agreement to vary Subcontract

With effect on and from the date of this deed, the parties agree that:

(a) the terms of the Subcontract are varied in accordance with Schedule 1; and

(b) the parties must carry out their respective obligations under the Subcontract
as amended in accordance with this clause 3.

4. Binding effect of this deed

(a) Each party acknowledges that this deed may be relied on and enforced by
the other party.

(b) This deed binds the parties and any executor, administrator, transferee,
assignee, liquidator or trustee in bankruptcy appointed in respect of either
party and any third party to whom either parties' rights and obligations under
the Subcontract are novated either in whole or in part.

5. Ratification of the Subcontract

(a) Each party acknowledges and agrees that nothing in this deed affects its
continuing obligations under the Subcontract.

(b) This deed is supplemental to the Subcontract and, except as otherwise

expressly provided to the contrary, the parties:

(i) expressly ratify and confirm the terms and conditions of the
Subcontract; and

(ii) acknowledge, affirm and agree to perform their obligations under

the Subcontract.

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6. Miscellaneous
6.1 Further acts
Each party must promptly do all further acts and execute and deliver all further
documents (in form and content reasonably satisfactory to that party) required by Law
or reasonably requested by another party to give effect to this deed.

6.2 Entire agreement

To the extent permitted by Law and subject to clause 5, in relation to its subject
matter, this deed:
(a) embodies the entire understanding of the parties and constitutes the entire
terms agreed by the parties; and
(b) supersedes any prior agreement (whether or not in writing) between the
parties.

6.3 Counterparts
This deed may be executed in any number of counterparts and by the parties on
separate counterparts. Each counterpart constitutes the deed of the party who has
executed and delivered that counterpart.

6.4 No Representation or reliance

(a) Each party acknowledges that no party (nor any person acting on a party’s
behalf) has made any representation or other inducement to it to enter into
this deed, except for representations or inducements expressly set out in
this deed.

(b) Each party acknowledges and confirms that it does not enter into this deed
in reliance on any representation or other inducement by or on behalf of any
other party, except for any representation or inducement expressly set out in
this deed.

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Schedule 1 - Variations to the terms of the Subcontract
The parties agree that the Subcontract is varied as follows:

Amendment to two rates in Annexure Part C – Subcontract Sum

- 12 Hour Shift Rates – Security Guard – 6:00am – 18:00pm (Week Day)

- Hourly Rates – Security Guard – 6:00am – 18:00pm (Week Day)

Rate (Au$)
Description Unit
(Excl GST)

Northcote and Wattle Street Sites

12 Hour Shift Rates

12 hr (Shift) $ 342.00
Security Guard – 6:00am – 18:00pm (Week Day)

Hourly Rates

Security Guard – 6:00am – 18:00pm (Week Day) hr $ 28.50

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Executed as a deed on the day of 2019.

Executed for and on behalf of Lendlease

Engineering Pty Limited (ABN 40 000 201
516), Samsung C&T Corporation, a duly
organised company under the Laws of the
Republic of Korea (ABN 49 160 079 470)
and Bouygues Construction Australia Pty
Limited
(ABN 37 144 013 801) comprising the
Lendlease Samsung Bouygues Joint
Venture (LSBJV) (ABN 46 422 742 617):

Signature of Authorised Representative Signature of Witness

Full name of Authorised Representative Full name of Witness

Executed by Platinum Management

Services Pty Ltd ABN 90 617 174 437 in
accordance with section 127 of the
Corporations Act 2001 (Cth):

Signature of Director Signature of company secretary/other Director

Full name of Director Full name of company secretary/ other Director

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