11. (a) Upon any failure or neglect by the purchaser to observe or comply with any of the conditions of this Agreement the Crown shall be entitled to re-enter and take back possession of the lot and all buildings, erections and works thereon and thereupon this Agreement and the rights of the purchaser hereunder shall absolutely cease and determine but without prejudice nevertheless to the rights, remedies and claims of the Crown in respect of any breach, non-observance or non- performance of the terms and conditions hereof.
(b) In the event of re-entry by the Crown for or in respect of or arising out of the breach, non-observance or non-performance by the purchaser of the provisions of the General and Special Conditions, the purchaser shall not be entitled to any refund 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.
12. (a) When the conditions herein contained have been complied with to the satisfaction of the District Commissioner, New Territories, the purchaser shall subject to approval of his title by the said District Commissioner be entitled to a lease of the lot as described in the Particulars for the term stated in the preamble to these Conditions.
(b) The purchaser shall take up the Crown lease for the lot when called upon to do so by the District Commissioner, New Territories and shall pay the prescribed fees therefor and an endorsement by the Land Officer on these conditions or on the District Land Office Registers that plans of the lot or any specified part thereof are in the District Land Office and that the Crown lease thereof must be taken up before any further dealings with the lot or such specified part can be registered, shall have effect accordingly. In the event of more than one building being erected on the lot the purchaser may be required to take up a separate lease for the site of each separate building and shall pay the prescribed fees for every additional lease so required to be taken up.
(c) Pending the issue of the Crown lease the tenancy of the lot shall be deemed to be upon and subject to and such Crown lease when issued shall be subject to and contain all excep- tions, reservations, covenants, clauses and conditions as are now inserted in the Crown leases of similar lots in the Colony as varied modified or extended by the General and Special Conditions.
13. The expression "Purchaser" shall in these General and Special Conditions include the person entering into and executing this agreement and where the context so admits or required his executors, administrators and assigns and in the case of a corporation its successors and assigns, and the expression "Lot", except where the context otherwise refers, means the lot stated in the Particulars of the lot. Where the context so admits or requires, words importing the masculine gender shall be deemed to include females and corporations, and words in the singular shall be deemed to include the plural.
14. 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 and Special Conditions.
15. The General and Special Conditions contained in Hong Kong Government Gazette Notification No. 364 dated 30th April, 1934, shall not apply to this lot.
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SPECIAL CONDITIONS
(1) (a) The purchaser shall not--
(i) assign, underlet or part with possession of or otherwise dispose of the lot or any part
thereof or any interest therein, or enter into any agreement so to do, or
(ii) mortgage or charge the lot or any part thereof or any interest therein except for the purpose of the development thereof and then only by way of a building mortgage in such form and containing such provisions as the Land Officer shall approve or require,
unless and until he has in all respects observed and complied with these General and Special Conditions to the satisfaction of the District Commissioner, New Territories. Further, in the event of the purchaser having elected to pay the premium by instalments he shall not be entitled to assign, underlet or part with the possession of or otherwise dispose of the lot or any part thereof until the whole amount of the premium and interest has been paid.
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