TNAG-2662-FCO40-3858-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 138

Exclusion of warranty

5

other

subsequently determine

compromise whatsoever

any

fit for

the lot.

should he that the lot is not the purposes for which he acquired

5. (a) The

implied, as

to

Government

the

The

has given no warranty, express or suitability or fitness of the lot or any part thereof for development whether in accordance with these Conditions or otherwise.

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

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

way

of

Government in ΠΟ way warrants the accuracy or correctness in any

whatsoever

any information made available or obtained, and in particular does not warrant that the lot is fit and suitable for any particular purpose.

Indemnity

by Grantee

C

The

Grantee shall indemnify and keep indemnified the Government against all actions, proceedings, liabilities, demands, costs, expenses and claims whatsoever arising from any damage caused to adjacent or adjoining land where such damage has, in the opinion of the Director (whose opinion shall be final and binding upon the Grantee), arisen out of any development or redevelopment affecting the lot or part thereof

out Of

any other works which the Grantee is required to undertake in compliance with these conditions.

Or

Setting

out

my (a) The Director will, at such time as he thinks fit or Upon the application of the Grantee, set out the lot on the ground and the Grantee or his authorized representative after such setting out when called upon by the Director will attend at the lot to inspect the survey marks delineating the lot on the ground and will be given a plan showing the positions and descriptions of each such mark. The Grantee shall mot commence any operations for building on the lot until it shall have been so set out by the Director. The Grantee shall take or cause to be taken all proper care and precautions to safeguard the said survey marks from disturbance or removal. commencing any operations for building on the lot, the said Survey marks are disturbed or removed, the shall apply in writing to the Director for replacement by survey and shall pay on demand to the Government in advance the prescribed fee therefor

If,

any

before

Of

Grantee