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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 or 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 any extension of the time for the fulfilment by the purchaser of his obligations under the pro- visions 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) Except with the consent of the Governor the lot shall only be used for Factory Premises, and no domestic buildings shall be erected thereon except such as the Director of Public Works may consider reasonable for housing staff and workmen employed on the premises.
(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.
(5) The purchaser will not utilize the area coloured green on sale plan for the purpose of storage or for the erection of any temporary buildings or structures without the consent of the Director of Public Works first having been obtained.
(6) The purchaser shall form at his own expense the whole of the areas 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 of sale. The areas coloured green shall be retained by Government on completion.
(7) The purchaser shall form to the satisfaction of the Director of Public Works with approved material the portions of public roads shown coloured green on sale plan and prepare them so that building traffic may be carried thereon, and maintain them in good condition until the building covenant has been complied with.
(8) 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 King's Road by the purchaser, his contractors or sub-contractors or his or their workmen or vehicles or by any spoil from the lot.
(9) 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 amend- ing the same or substituted therefor.
(10) 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.
(11) 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.
(12) Any damage or obstruction caused to any 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.
(13) 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.
(14) 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.
(15) The purchaser shall pay to the Government of Hong Kong, on demand, the cost of removing, diverting and reinstating elsewhere as may be required any Government public services on the lot, which the Director of Public Works may consider it necessary to remove or divert.
(16) 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 res- ponsible and shall pay to the Government of Hong Kong on demand such sum as may be demanded by Government to cover the cost of removal of spoil or debris from or damage to the public lanes or roads, or road-culverts, sewers, storm-water drains or nullahs or other Government properties. The purchaser shall also indemnify the Government against all actions, claims and demands arising out of any damage or nuisance to private property caused by such erosion and washing down.
Director of Public Works.
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