TNAG-2344-FCO40-3410-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 73

16-DEC-1991

15:48

BRITISH TRADE COMM

7

P.11

Breach

of lease conditions

Re-entry

NO

on re-entry

(b)

The fulfilment by the Grantee 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 Grantee in complying therewith such default shall be deemed to be a continuing breach and the subsequent acceptance by or on behalf of the Government of any rent or rates or other payment whatsoever shall not (except where the Government 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 Government's right of re-entry for or on account of such default or any other rights, remedies or claims of the Government in respect thereof under these Conditions which shall continue in force and shall apply also in respect of default by the Grantee in the fulfilment of his obligations under these Conditions within any extended or substituted period as if it had been the period originally provided.

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

or

(b) In the event of re-entry by the Government for or in compensation respect of or arising out of the breach, non-observance

non-performance by the Grantee of the provisions of these Conditions, the Grantee shall not be entitled to any payment or compensation whatsoever whether in respect of the value of the land, or for any buildings thereon, or for any amount expended by the Grantee in the preparation, formation or development of the lot or otherwise.

Lease

13. (a) When these Conditions have been performed and complied with to the satisfaction of the Director, the Grantee shall subject to approval of his title by the Registrar General (Land Officer) be entitled to a lease of the lot for the term stated in the preamble to these Conditions.

(b) The Grantee shall execute and take up a lease of the lot when called upon to do so by the Registrar General (Land Officer) and shall pay the prescribed fees therefor and an endorsement by the Registrar General (Land Officer) on these Conditions or on the Land Office Registers that plans of the lot or any specified part thereof are in the Land Office and that the lease thereof must be taken up before any further dealing with the lot or a specified part thereof can be registered shall have