TNAG-2344-FCO40-3410-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 70

16-DEC-1991 15:38

BRITISH TRÅDE COMM

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P.08

interim valuation is corrected, altered or varied under that Ordinance, a reference to such rateable value or interim valuation as so corrected, altered or varied.

Acknowledge- 4.

ment by Grantee

The Grantee hereby expressly acknowledges :

(a)

(b)

(c)

(d)

that the Government shall be under no liability whatsoever to the Grantee (which expression shall for the purpose of this Condition only include his successors, assigns, mortgagees, tenants or other Occupiers of the lot whether lawful or otherwise) for any loss or damage howsoever arising in connection with or as a consequence of his grant of the lot and its subsequent development;

that he has acquired the lot based upon his own evaluation of land records and available geotechnical information whether obtained from Government sources or otherwise and has satisfied himself as to the state and condition of the lot in relation to the purposes for which the lot is to be developed or redeveloped;

that he takes the lot, whether on, above or below the surface of the ground, in the state and condition as it exists on the date on which possession of the lot is deemed to be given in accordance with Special Condition NO.

of these Conditions; and

that he shall not be entitled to revoke, withdraw, cancel or resile in any way whatsoever from this Agreement nor be entitled in any way whatsoever to compensation or a reduction in the premium or any other compromise whatsoever should he subsequently determine that the lot is not fit for the purposes for which he acquired the lot.

Exclusion of warranty

5. (a)

The Government has given no warranty, express or implied, as to the suitability or fitness of the lot or any part thereof for development whether in accordance with these Conditions or otherwise. The Grantee for himself, his successors or assigns undertakes not to make any claim against the Government for any loss or damage whatsoever which he may suffer as a result of or arising from the state and condition of the lot making it either unfit for the purpose for which he acquired the lot or rendering it impossible to achieve the scale of development originally intended.

(b) The Government in no way warrants the accuracy or correctness in any way whatsoever of any information made available or obtained, and in particular does not warrant that the lot is fit and suitable for any particular purpose.