6. 36
SPECIAL CONDITIONS.
(1) (a) The area edged red shall not (except with the consent in writing of the Governor) be used for any purpose other than for the erection and maintenance thereon by the grantee of blocks of
flats
MEANS
ats ccordance with the objects for which the grantee company has been incorporated as specified in its Memorandum and Articles of Association and except with such consent as aforesaid no buildings at any time erected thereon shall be used for any other purpose.
(b) In case it is at any time shown to the satisfaction of the Governor that the buildings on the said land or any of them or any part thereof have ceased to be used for the purposes afore- said or are put to any other use without the previous consent in writing of the Governor, the Crown shall be entitled to re-enter upon the land or upon any part or section thereof exclusive of the remainder in like manner as for any other breach of the terms of this Agreement or the terms of the Crown Lease to be issued.
(c) The grantee shall not sell, assign, mortgage, or charge the said land or any part thereof or any building or portions of the buildings thereon or enter into any agreement so to do without the consent in writing of the Governor given in respect of each and every such disposition who as a condition of granting consent may impose such restrictions, terms and conditions whether in respect of the amount of the sale price or the amount to be raised on mortgage (as the case may be) or in respect of the form of any assignment, mortgage or charge or other deed or document by which such transaction is affected, or otherwise, as he may see fit provided always that nothing in this clause contained shall be deemed to apply to or restrict the letting of the flats or other dwellings on the land by the grantee company to the tenants who will reside therein the grantee company through its Board of directors being fully empowered to control the management of the said flats or other dwellings and the letting thereof.
(a) The Crown Lease shall contain such covenants as shall be necessary to give effect to these conditions.
(2)
The grantee shall form at his own expense the whole of the areas edged red and coloured green on sale plan to such levels as the Director of Public Works may require and to his satisfaction within 6 months from the date on which possession shall be given. The area coloured green shall be retained by Government on completion.
(3)
Where any cutting away removal or setting back of adjoining adjacent or nearby hillside or banks or any building up or filling in is required for the purpose of or in connection with the forma- tion levelling and development of the lot or any part thereof the grantee shall construct or bear the cost of the construction of such retaining walls or other support as shall or may then or at any time thereafter, be necessary to protect and support such hillside and banks and the lot itself and to obviate and prevent any falling away landslips or subsidence occurring thereafter, and shall at all times maintain the said retaining walls or other support in good and sub- stantial repair and condition: In the event of any landslip subsi- dence or falling away occurring at any time whether in or from adjoining hillside or banks or in or from the lot itself as a result of any default by the grantee under this condition, the grantee shall at his own expense reinstate and make good the same and shall indemnify the Government of Hong Kong from and against all costs charges damages demands and claims whatsoever which shall or may be made suffered or incurred through or by reason thereof. If in the opinion of the Director of Public Works the grantee shall at any time be in default under this condition then (in addition to any