TNAG-0759-FCO40-963-Manufacture-and-storage-of-explosives-in-Hong-Kong-1978 — Page 60

Private Streets

Default

Re-entry

5-

5.

Any private streets, roads and lanes which are required to be formed shall be sited to the satisfaction of the Director of Public Works and included in or excluded from the area to be leased as may be determined by him and in either case shall be handed over to the Government free of cost if s required. Where taken over by the Government the surfacing, kerbing, drainage (both foul and storm-water sewers) and channelling shall be carried out by the Government at the cost of the purchaser and thereafter maintained at public expense but where remaining part of the area leased or to be leased, such streets, roads or lanes shall be surfaced, kerbed, drained, channelled and maintained by and at the expense of the purchaser to the satisfaction in all respects of the spid Director.

6.

The fulfilment by the purchaser of his obligations under these Conditions shall be a condition precedent to the grant or continuance of the tenancy and in the event of any default by the purchaser in complying therewith such default shall be deemed to be a continuing breach and the subsequent acceptance by or on behalf of the Crown of any Crown Rent Rates or other payment whatsoever shall not (except where the Crown has notice of such breach and has expressly acquiesced therein) be deemed to constitute any waiver or relinquishment or otherwise prejudice the enforcement of the Crown's right of re-entry for or on account of such default or any other rights, remedies or claims of the Crown in respect thereof under these Conditions which shall continue in force and shall apply also in respect of default by the purchaser in the fulfilment of his obligations under these Conditions within any extended or substituted period as if it has been the period originally provided.

7.(a)

Upon any failure or neglect by the purchaser to observe or comply with any of these Conditions the Crown shall be entitled to re-enter and take back possession of the lot or any part thereof and all or any buildings, erections and works thereon or on such parts and thereupon this Agreement and the rights of the purchaser hereunder shall absolutely cease and determine(in respect of such part if re-entry is upon a part only) but without prejudice nevertheless to the rights, remedies and claims of the Crown in respect of any breach, non-observance or non-performance of these Conditions.

(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 these 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 lat r otherwise.

Crown Lease 8. (a)

When these Conditions have been complied with to the satisfaction of the Director of Public Works and the Registrar General (Land Officer), the purchaser shall subject to approval of his itle by the Registrar General (Land Officer) be entitled to a lease of the lot as described in the Particulars for the term stated in the Tender Notice.

Page 60Page 61