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of the premium paid by him or any part thereof or to any payment or compensation whatsoever whether in respect of the value of the land or any buildings thereon or any amount expended by the purchaser in the preparation formation or development of the lot or otherwise.
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16. The expression “Purchaser” shall in these General and Special Conditions include the Purchaser or Purchasers and where the context so admits or requires his/their executors, administrators and assigns and in the case of a corporation its successors and assigns.
17. The foregoing General Conditions shall be read and construed as varied or modified by the Special Conditions hereinafter contained and the expression "these Conditions" whenever used shall mean and include the General & Special Conditions.
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SPECIAL CONDITIONS.
(1) The purchaser, his executors, administrators and permitted assigns shall not (except by way of mortgage) assign, underlet or part with the possession of or otherwise dispose of the lot in question or any part thereof or any interest therein nor enter into any agreement so to do without the written consent of the Governor unless and until he has expended upon the erection, of buildings on the lot the sum required in clause 10 of the General Conditions and has in all other respects observed and complied with the General and Special Conditions to the satisfaction of the Director of Public Works and the Land Officer. Every assignment sub-letting or other alienation of the said lot of any part thereof shall be registered at the Land Office.
(2) The grant or refusal of the consent required by Special Condition (1) or of extension of the time for the fulfilment by the purchaser of his obligations under
any 'the provisions of General Condition No. 10 or under these Special Conditions shall be at the absolute discretion of the Governor in all respects who may impose such conditions for the granting thereof as he may think fit.
(3) The purchaser will not be allowed to erect any buildings on the lot except one detached residence of European type with garages and all proper out-buildings thereto. The Director of Public Works shall decide the composition of a residence.
(4) The design dispositions and height of any building to be erected on the lot shall be subject to the special approval of the Building Authority. The height of the building shall not exceed 35 feet.
(5) 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 formation levelling and development of the lot or any part thereof the purchaser 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 substantial repair and condition. In the event of any landslip subsidence 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 purchaser under this condition, the purchaser 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 whatso- ever 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 purchaser shall at any time be in default under this condition then (in addition to any other rights or remedies herein provided for breach of any of the conditions hereof) the Director of Public Works shall
be entitled by notice in writing to call upon the purchaser to carry out such construction and/or maintenance or to reinstate and make good any falling away landslip or subsi- dence and if the purchaser shali neglect or fail to comply with such notice within, the period specified therein the said Director may forthwith execute and carry out the same and the purchaser shall on demand repay to the Crown the cost thereof.
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(6) The piece of ground marked Crrown Reserve on sale.plan may be used for such purpose as the Government may think fit and the same may for such purpose be cut away or filled in or the level thereof may be altered. The purchaser shall not be entitled to compensation for any damage to the lot resulting from any such user, or cutting away, filling in or alteration of level.
(7) The purchaser shall pay to the Government of Hong Kong, on demand, any sum which the Director of Public Works shall certify to be the cost of making good any damage done to Middle Gap Road by the purchaser, his contractors or sub- contractors or his or their workmen or vehicles or by any spoil from the lot.
(8) A filtered water supply from the government mains will be given on the usual Terms, and subject to the provisions of the Waterworks Ordinance, or any enactment amending the same or substituted therefor.
(9) In view of the limited water supplies in the Colony no guarantee can be given that any water which is supplied will be continuously available; moreover the Water Authority has the right under the Waterworks Ordinance 1938 to restrict the hours of supply; which is likely to be periodically necessary, or to withhold the service in whole or in part when in his opinion the available supply is insufficient.
(10) No water from government mains shall be used for flushing purposes upon any portion of the lot without the written consent of the Director of Public Works.
(11) The purchaser shall at his own expense construct and maintain to the satisfaction of the Director of Public Works such drains or channels as may be necessary to intercept and carry off storin-water falling on or flowing on to the lot from the hillside, and the purchaser shall be solely liable for and shall indemnify the Government and its officers from and against all actions, claims and demands arising out of any damage or nuisance caused by such storm-water, and shall at all times during the continuance of the demise remain responsible for the maintenance and repair of such drains or channels whether within the boundaries of the lot or on Crown Land.
(12) The purchaser shall not interfere with any existing drain, waterway or nullah within or adjoining the lot or have any right to the water therein.
(13) Any damage or obstruction caused to any watercourse, sewer, storm-water drain, watermain or other Government properties within or adjoining the lot. by the purchaser, his servants or agents, shall be made good by Government at the cost of the purchaser, and the amount due in respect thereof shall be payable by the purchaser on demand.
(14) All foundations proposed to be constructed near to or adjoining any sewer within or adjoining the lot shall be formed as the Director of Public Works may require.
(15) The purchaser shall pay to the Government of Hong Kong, on demand, the cost of connecting any drains or sewers from the lot to the Government storm-water drains or sewers. Such work shall be carried out by the Director of Public Works who shall, however, incur no liability to the purchaser in respect thereof,
(16) The whole of the drainage within the lot shall be to the special approval of the Director of Public Works who may require these works to be carried out with selected pipes of cast iron, or other approved materials.
(17) In the event of spoil or debris from the site or from other areas affected by the development of the lot being eroded and washed down on to public lanes or roads, or into road-culverts, sewers, storm-water drains or nullahs, the purchaser shall be held
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