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ALSTOM EQUIPMENT LEASING CONTRACT ALSTOM TRANSPORT INTERNAL PURPOSE EN THE UNDE! : ALSTOM Transport SA, represented by the Plant and Tools department, under authority of Mr. Benoit PELLERIN, in her capacity as Site Managing Director Infrastructure France, being duly authorized for the purposes ofthis agreement, Hereafter referred to as the “Lessor” ON THE ONE HAND, AND: ALSTOM Transport, part of the railway project of LUSAIL LRT in Qatar construction activities, represented by Mr. LECOULS Regis, in his capacity as LRT Lusail Project Manager. Hereafter referred to as the “Lessee”, ON THE OTHER HAND Hereinafter referred to individually as a “Party” and collectively as the “Parties”. 1 ‘ Appendix 1 - Description of equipment Appendix 2 ~ Renting EQUIPMENT LEASING CONTRACT -PLANT & TOOLS / LUSAIL LRT VB 1 Phe ALSTOM WHEREAS: ‘The Lessor is involved in the management of the fleet of ALSTOM Transport plant and machinery, dedicated to infrastructure construction activities, such as track. ‘The Lessee is in charge among ALSTOM Transport organization, to complete the construction of infrastructure for LUSAIL LRT. The Lessee wishes to lease the plant and machinery as described in Article 2 of this contract, used for the construction activities on the project. ‘The parties have therefore come together to define the terms and conditions of their agreement and to agree on the terms of this leasing contract (hereinafter referred to as the “Contract”). EQUIPMENT LEASING CONTRACT —PLANT & TOOLS / LUSAIL LRT VB 2 Ue ALSTOM ITHAS THEREFORE BEEN AGREED AS FOLLOWS: ARTICLE 1 ~ DESCRIPTION OF EQUIPMENT 11:1. The Lessor leases to the Lessee the equipment provided below as described in Appendix 2 of the contract (hereinafter referred to as the “Equipment”): © 2x TOTAL STATION /n°23; n°30 © 1x Krab Light trolley / KL 263 © 1x EXCAVATOR /n°8 © 1x RAIL BENDING MACHINE WITH ROLLER /n*2, © 1.x MUTLI PURPOSE VEHICULE / n° © 1.x FLASH BUTT WELDING MACHINE (EXCAVATOR + HEAD) / n°4 © 1.x DUMPER TRUCK + CRANE /n*4 © 1x TELEHANDLER / 01-05 © 4x MEWP ROAD RAIL/ HAUn‘2; n°7;n°9 / VIPn"2 © 1x UNROLLER /n*4 © 1x TRAILER /n"4 © 2x TRUCK PLATFORM + CRANE / RENn*1 / UNIn*8. The above list, described in detail in Appendix 2, is subject to potential modification, according to the project need. An addendum to Contract shall be signed by both parties prior to the mobilization, as described in Article 3. ARTICLE 2 - OBLIGATIONS OF THE LESSOR 2.1. Availability of the Equipment 2.2.2. The Lessor undertakes to lease the Equipment to the Lessee in accordance with the terms and conditions of the Contract. 2.2.2. The Contract shall come into force on the date of its signature by the parties. 2.2.3. The Lessor undertakes to ensure that the Equipment made available to the Lessee is serviced, fully operational. The Lessor declares: = that itis the owner of the Equipment; EQUIPMENT LEASING CONTRACT PLANT & TOOLS /LUSAIL LRT VB 3 Lice ALSTOM = that the Equipment complies with the relevant standards and legislative and regulatory provisions (Machine Directive 2006/42/EC) 2.2.4, The Parties shall jointly draw up an initial inventory and statement of state of repair of the Equipment as soon as it is delivered and within forty-eight (48) hours of the first use of the Equipment at the latest. Said inventory and statement of state of repair shall confirm safe receipt of the Equipment by the Lessee. Sample of the inventory statement is provided in Appendix 2. 2.2. Repairs to be performed by the Lessor The Lessor undertakes to replace major parts or major overhauling of the Equipment at its expense and under its responsibilty when said replacement is made necessary by normal wear and tear or by any anomaly not due to use of the Equipment. 2.3. Support to project 2.3.1. The Lessor ensures to provide support to the project during all use period of the equipment. Support is to be understood technically, in terms of documentation, maintenance planning, maintenance operation coordination or organization, mechanical upgrade of the equipment, and in terms of training and operation, or coordination with the original supplier or manufacturer. 2.3.2. The Lessee can coordinate contact with original suppliers in order to organize maintenance or operation of the equipment, but should in any case let the Lessor know about all exchanges. ARTICLE 3 - OBLIGATIONS OF THE LESSEE 3.2. Rent fees 3.1.2 The cost of leasing excluding tax per month is provided by 5034 Teranga center finance department. The costs of transport as set out in article 3.4 are not included in the amount of the Rent. 3.1.2. All imputations shall be presented in accordance with the internal Finance rules, and communicated to the Lessee by the Lessor Finance representative each month, 3.1.3, Payment shall be mad euros. EQUIPMENT LEASING CONTRACT ~ PLANT & TOOLS / LUSAIL LRT VS 4 ALSTOM 3.1.4, Payment to the Lessor shall start when the Equipment is noticed of readiness included the lead time needed to adapt the Equipment to the Project requirements. 3.1.5. Withholding Tax and any other locally applicable tax will at the charge of the lessee. 3.1.6. In the event of insufficient routine maintenance by the Lessee, noticed during routine plant inspection visit by the Lessor representative, the Lessor may apply an increase of the rent amount fee as penalties of no more than two (2) times the statutory rent amount fee originally applied by the Lessor. ‘The penalties principle shall be applied after common agreement by both parties, based on impartial and fair observations reported in an inspection document. In case of no agreement possibility or standstill situation between both parties, the Lessor representative authorities shall be recognized as decision making authority. 3.1.7 Fees could be update yearly according to finance department, first of April, 3.2, Use of the Equipment 3.2.1. The Lessee must use the Equipment in a prudent and diligent manner and in accordance with its intended use, namely for the maintenance and/or construction of railway infrastructure equipment. The Lessee undertakes not to make any substantive changes to the equipment without the Lessor prior written agreement. 3.2.2, The Lessee undertakes to use the Equipment throughout the term of the Contract on Alstom LUSAIL LRT projects only. Any use on other railway networks will be subject of Lessor written agreement. 3.2.3, The Lessee undertakes to use qualified personnel to ensure correct use of the Equipment in accordance with recommendations by the Lessor. It undertakes to provide training, where necessary and at its own expense, for personnel required to use the Equipment. Lessee should ensure as much as possible to keep permanent operator on dedicated machine. 3.2.4. Any certification for lifting equipment or any equipment related to EHS concerns, to be inspected by local certification agents, should be under the responsibilty of the Lessee. 3.2.5. The Lessee does not have the right to sub-let said equipment without the Lessor prior written agreement. EQUIPMENT LEASING CONTRACT ~ PLANT & TOOLS / LUSAIL LRT VB 5 the 3.3, Management of periodic maintenance and repair of the Equipment 3.3.4. The Lessee undertakes to carry out periodic maintenance of the Equipment in accordance with the instructions in the Equipment User Guide available in Maintimedia*. It is mandatory to use the Maintimedia software to implement the Maintainability Follow up of the Equipment. * Maintimedia is a CMMS (GMAO in French words).. The periodic maintenance of the equipment has to be respected strictly, as defined by the European Federation of National Maintenance Societies (EFNMS) in the following terms: « All actions which have the objective of retaining or restoring an item in or to a state in which it can perform its required function, The actions include the combination of all technical and corresponding administrative, managerial and supervision actions ». The general maintenance 9 described in the norm EN NF 13306 FDX 60-000 and shall prevail as background reference. 3.3.2. The Lessee also undertakes to deal with repair of the Equipment. Repair costs attributable to the use of the Equipment and the costs of replacement parts in the event of a breakdown are payable by the Lessee. 3.3.3. The Lessee undertakes to use only technicians trained in maintaining and repairing the Equipment for periodic maintenance or repair work. 3.3.4, The Lessee shall send the Lessor a copy of the details of any periodic maintenance or repair work (preventive and curative maintenance) carried out on the Equipment. 3.3.5. The Lessee shall inform the Lessor by any written means in the event of a breakdown or incident/accident that immobilizes the Equipment. 3.3.6. A dedicated and unique Person In Charge (PIC) should be identified by the Lessee among the project team for interface and communication with central Plant and Tools department. In case of lack of identified person one month after signature of the contract, the PIC shall be the project manager. 3.3.7. Maintenance software will be provided by the lessor. The lessee agrees to use this for the maintenance monitoring EQUIPMENT LEASING CONTRACT ~ PLANT & TOOLS / LUSAILLRT V8. 6 \ { ALSTOM 3.4, Logistical management of the Equipment 3.4.1. Transport of the Equipment to the point of Delivery shall be payable by the Lessee and carried out under its responsibility. At the end of the Project, if the Equipment is not reallocated into another Project, the Lessee will assume the full return Transport Costs. 3.4.2. Transport of the Equipment for the purpose of returning it to the Lessor shall be payable by the Lessee; the return of the Equipment shall be carried out by the Lessee under its responsibility and at its expense, 3.4.3, During the Transportation lead time, the costs will be charged to the Project. ‘The Lessee declares that, as at the date of reception on jobsite, it is holding insurance policies covering all risks for construction plant equipment. In case of use of rail/road construction plant equipment on public infrastructure, the Lessee shall hold adapted insurance policy covering road vehicles. Alstom Transport insurance central management team may provide support if necessary. 3.6 Assignment or pledging of the Equipment 3.6.1. The Equipment remains the property of the Lessor throughout the term of the Contract. In this respect, the Lessee undertakes not to assign any or all of the Equipment or to use any or all of the Equipment to guarantee its own commitments or those of third parties. 3.6.2. It undertakes to oppose any seizure or claim on any or all of the Equipment by any of its creditors, including in the event of the Lessee becoming subject to a safeguarding or receivership procedure or winding-up ordered by the courts. Furthermore, it undertakes to inform the Lessor as soon as possible of any measure aimed at seizure or claiming of the equipment. EQUIPMENT LEASING CONTRACT ~ PLANT & TOOLS / LUSAILLRT VB 7 Me ALSTOM 3.7 Return of the Equipment 3.7.1. In the event of termination of the Contract, the Lessee shall return the Equipment to the Lessor ‘as soon as possible, either at the point of Delivery or any other place agreed by the Parties. The return notice should be provided by the Lessee no longer than 3 months prior to forecast return date. 3.7.2, The Lessee shall cover costs relating to the maintenance of the Equipment for the purpose of returning it to the Lessor. The Lessee must also indicate to the Lessor and report to it in writing any reservations it may have as to the condition of the Machine. 3.7.3. Ifthe Equipment is missing (stolen/lost...), the Lessee will be charged of the ASSET Net Value. inspection ‘The Lessee accepts that the Lessor may have access to the Machine at any time during the use period on the project. ARTICLE 4 - Contractual documents ~ Order of priority This Contract consists of the following documents (hereinafter the “Contractual Documents”), which are cited here in decreasing order of priority: ~ This Contract - Appendix 4 - Description of equipment = Appendix 2 ~ Renting Any modification, amendment, variation, or revision of the Contract, either in whole or in part, will apply only when it has been the subject of a written amendment signed by the Parties. ARTICLE 5 - LIABILITY Under this Contract, the Lessor transfers to the Lessee authority to use, manage and control the Equipment. In accordance with article 1384 paragraph 1 of the French Civil Code, the Lessee shall be responsible, as custodian of the Equipment, for any certain and direct harm the Equipment may cause to its personnel and/or third parties during the period for which it is made available. EQUIPMENT LEASING CONTRACT PLANT & TOOLS /LUSAIL LRT VB 8 lea ALSTOM ‘The Lessee shall be liable for any harm that may occur during its care of the Equipment. As a result, in the event of harm caused by the Lessee, in particular but not limited to the use, maintenance, repair and/or logistical management of the Equipment in accordance with the obligations set out in Article 3 of the Contract, the Lessee shall be responsible for the associated harm and consequences thereof. ARTICLE 6 ~ TERM OF THE CONTRACT ~ EARLY TERMINATION 6.1 The term of the Contract is 24 (Twenty four) months from the date of signature of the Contract by the Parties, In practice, it shall commence on Delivery of the Equipment and end on receipt of the Equipment by the Lessor at the agreed location. 6.2 The contract may be renewed by the Parties by means of a Supplementary Agreement. 6.3 In the event of a failure or fault by one Party in the performance of one of its obligations under the Contract, the other Party may terminate the Contract early, as of right and without judicial formalities, fllowing a formal notice to remedy sent to the defaulting Party by registered letter with acknowledgement of receipt, which has gone unheeded after a period of twenty one (23) days. ARTICLE 7 ~ CIRCULATION OF THE CONTRACT Neither Party may assign, transfer or delegate any of the rights and obligations arising under the Contract, either in whole or in part, without a prior written consent of the other Party. In case that Lessee choses to sub-contract part or entire maintenance of the plant and equipment, it shall be undertaken under prior qualification analysis of the said sub-contractor, and by written agreement by both parties. In that case, the agreement shall be subject of separate amendment. ARTICLE 8 - NON-SEVERABILITY 8.1, In the event that a provision of the Contract is or should become illegal, null and void or unenforceable, this shall not affect the lawfulness, validity or enforceability of the other provisions of the Contract or the Contract in its entirety. 8.2, If, however, the provision concerned is an essential term of the Contract, and if its illegality, invalidity or unenforceability were to have an excessive effect on the balance of the Contract, the Contract would become illegal, null and void or unenforceable in its entirety. EQUIPMENT LEASING CONTRACT ~ PLANT & TOOLS / LUSAILLAT VB Ht fee ALSTOM ARTICLE 9 - ENTIRE AGREEMENT - MODIFICATION 9.1 The Contract and its appendix express the full and final intention of the Parties. It contains the entirety of their agreements and may not be supplemented or interpreted on the basis of comments ( notes prior to the date on which the Contract is signed. 9.2 It may only be modified by a written agreement drawn up by the Parties and signed by t respective and duly authorised representatives. ARTICLE 10 - Environment: The contracting parties agree the stake of environment preservation and that activities related to this contract shall be executed with high concern for it. Therefore, the contracting parties agree that: + Anyleakage potentially detected during use shall call for an action to prevent pollution; + Trans-filing operations and fueling shall be performed over a retention container or in such a way to prevent any pollution (e.g. areas equipped with separators, etc); . Wastes produced by maintenance activities shall be treated in strict conformity with local regulations. Signed in Saint-Ouen / Lusail, ‘ALSTOM ‘ALSTOM LRT LUSAIL PROJECT The Léss The Lessee represented by Mi Renht)PELLERIN represented by Mr. Regis LECOULS bate aot oa Nlou gat EQUIPMENT LEASING CONTRACT PLANT & TOOLS /LUSAIL LRT VB 10 fhm ALSTOM ENDIX 2 DESCRIPTION OF EQUIPMENT resort | ALSTOM code Alstom TRC. 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