TNAG-1400-FCO40-1872-Future-of-Hong-Kong-Ministry-of-Defence-(MOD)-property-1985 — Page 53

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incurred by any person or persons or by any animals or vehicles lawfully on or using the land, by reason or on account of the user of the demised premises by the Permittees for the purposes aforesaid.

5. The Permittees shall not make any alterations to any buildings or other structures now on the land or to any of the walls hedges roads watercourses gates or footpaths in or on or forming part of the premises except with the consent in writing of the Director of Public Works.

6. The Permittees shall use the premises only for the stipulated purposes and shall not transfer this Permit or sublet assign or otherwise alienate or part with the possession of the premises or any part thereof and in the event of the premises or any part thereof no longer being required and used by the Permittees for such purposes (as to which the non user of the same or such part thereof for a period of two consecutive months shall be conclusive evidence) the Permittees' tenancy thereof or of such part shall forthwith determine and the permittees shall immediately quit and deliver up the possession of the same.

7. Any buildings or other structures which may be erected or placed or brought upon the land by the Permittees shall be maintained in good and tenantable repair and condition and shall be removed by them at their own expense at or before the expiration or sooner determination of the tenancy and if not so removed shall become the property of the Hong Kong Government without payment of compensation therefore provided always that if the Director of Public Works shall at or prior to the termination of the tenancy notify the Permittees that the Hong Kong Government proposes to retain any permanent or temporary structure placed on the land by the Permittees the same shall not be reinoved by the Permittees but the Permittees shall be entitled to be compensated for the value thereof the amount of such compensation to be agreed between the Director of Public Works and the Permittees, and failing agreement to be settled by Arbitration.

8. This agreement constitutes a licence or permit for the temporary occupation of the premises by the Permittees and shall not nor shall the occupation of the premises thereunder by the Permittees confer on the Permittees any further right title or interest whatsoever in or to the premises and the Permittees shall relinquish and deliver up possession of the whole or any part when required so to do under the terms hereof and shall not be or become entitled to any compensation or other payment whatsoever whether in respect of the land or any part thereof or (subject to the provision of Condition 7) any buildings or other structures thereon.

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9. The Government of Hong Kong shall be entitled to enter upon or retake possession temporarily or permanently of any part or parts of the premises which are the subject of this agreement at any time if required for or in connection with the construction widening or alteration of any street or road, or for or in connection with laying, removal, installation, repair or alteration of any pipes cables wires or other Services, or for or in connection with any town planning, improvement or other public purpose whatsoever the decision of the Director of Public Works that the purpose in view is a public purpose being conclusive, and shall not be required to make any payment to the Permittees in respect of such re-entry resumption or user, either for land or building or other Structures and whether by way of compensation, rent, way leave or otherwise.

10. In the event of any contravention of any of the conditions of this Permit the same may be cancelled forthwith without compensation and thereupon the Hong Kong Government may re-enter upon the said land and retake possession thereof.

11. The provisions of Condition Nos. 2, 6, 7 and 9 of these conditions are subject to, and shall not prejudice or affect the right of the Permittees to appeal to the Governor of Hong Kong on the grounds of security, public safety or military necessity.