ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole and absolute right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :- (a) The right to change, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant to the Government Lease. (b) the right to apply to negotiate and agree with the Government to amend, vary or modify the Government Lease (including the plan(s) annexed thereto) in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner. (c) At all times hereafter but subject to and with the benefit of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained by the First Owner. (d) The right to enter into and upon all parts of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible to the Owners and shall make good any damage or loss that may be caused by or arise from such construction works. (e) The right for the First Owner, his licensees or other third parties to affix, install, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid. (f) The right to change the name of the Development at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith. (g) The right to dedicate to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit. (h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and . (i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s). (j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds. (k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate. (l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same. (m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :- (i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development; (ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval of the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) shall be obtained and any payment received for the approval must be credited to the Special Fund; (iii) if the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be); 9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
Appears in 4 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole and absolute right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :-
(a) The right to change, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant Subject to the Government Lease.
(bConditions and Clause 7(d) the right to apply to negotiate and agree with the Government to amendhereof, vary or modify the Government Lease (including the plan(s) annexed thereto) in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner.
(c) At at all times hereafter but subject to and with the benefit of the Government Lease Conditions and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the other Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises part(s) of the Estate held therewith retained by the First Owner.
(db) The At its own costs and expense the right to enter into and upon all parts the Lot and the Estate (other than any part of the Lot and any part of the Development Estate that have been sold or assigned by the First Owner) with or without agents, surveyors, workmen, contractors and others and with or without vehicles, equipment, plant, materials and machinery for the purposes of constructing, completing, improving or renovating the Estate or any part or parts thereof (save and except those parts any part of the Lot and any part of the Development the sole and exclusive right to the use enjoyment and occupation of which Estate that have been sold or assigned or otherwise disposed of to an by the First Owner) with all necessary equipment, plant and materials or for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry carrying out all such works in, under, on or over the Lot and the Development Estate (save and except those parts as aforesaidany part of the Lot and any part of the Estate that have been sold or assigned by the First Owner) as it may from time to time reasonably see fitfit upon giving prior notice in writing to the Owners (save in case of emergency). The right of the First Owner to enter the Lot and the Development Estate (save and except those parts as aforesaidany part of the Lot and any part of the Estate that have been sold or assigned by the First Owner) to carry out such works under this sub-clause (b) shall extend equally to all necessary contractors, agents, workers and other persons authorised authorized by the First Owner. The First Owner in pursuance for the purpose of such works this sub-clause (b) may from time to time, subject to the Manager’s prior written consent to such instructions, time issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development Estate (save and except those parts as aforesaidany part of the Lot and any part of the Estate that have been sold or assigned by the First Owner) that the Owners, their servants, agents or licensees may or may not use while such any works as aforesaid are being carried out but PROVIDED THAT the exercise of any of the rights under this sub-clause (b) shall not interfere with the right of any Owner to the exclusive use occupation and enjoyment of his part of the Estate or impede or restrict the access to and from any such part of the Estate and the First Owner shall cause as little disturbance as reasonably possible rectify any damage caused to the Owners Lot and shall make good the Estate in the course of exercising any damage or loss that may be caused by or arise from of such construction worksrights.
(ec) The right for the First Owneritself, his its licensees or other third parties to install, affix, installpaint, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes pipes, signs, signboards, masts, aerials, antennae, satellite dish, cables, telecommunication systems or any other structuresinstallations, facilities lightning conductors and lighting and other fixtures or structures or facilities of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development Estate the exclusive right to hold, use, occupy and enjoy which the same has not been sold or assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner for the purpose of supplying utility services to the Lot or any part thereof and the right to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) Estate with or without workmen agents, surveyors, workmen, contractors and equipment others and with or without vehicles, equipment, plant, materials and machinery at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaidaforesaid PROVIDED THAT the prior written approval by a resolution passed by the Owners at a meeting in accordance with Clause 61 hereof has been obtained if the exercise of any of such rights shall affect the Common Areas and Facilities or any part or parts thereof and any payment received for such approval shall be credited to the relevant part(s) of the Capital Equipment Fund and the exercise of any of such rights shall not interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Estate which he owns or impede or restrict the access to and from any such part of the Estate.
(fd) The right to change the name of the Development Estate at any time within two (2) years from as the date of this Deed First Owner shall deem fit and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six (6) months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewithOwners.
(ge) The right to dedicate to the public any part or parts of the Lot and and/or the Development vested in the name of Estate which the First Owner owns for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fitfit PROVIDED THAT in making such dedication the First Owner shall not interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Estate which he owns nor impede or restrict the access to and from any such part of the Estate and no Owner (except the First Owner) shall have any claim for any consideration or compensation or benefit offered by the Government for such dedication if the Building Authority permits the site coverage or the plot ratio for any building or buildings or for any part or parts of any building or buildings within the Lot to exceed the permitted site coverage or plot ratio, as the case may be, as a result of such dedication or the Government offers any money or grant any land as compensation for or in exchange of such dedication.
(hf) The right subject to the prior written approval by a resolution passed by the Owners at a meeting in accordance with Clause 61 hereof, to adjust or and/or re-align the boundary of the Lot and for these purposes, to apply to the Government for any alteration, amendment, variation or addition to the terms and conditions of the Conditions, and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrendersuch adjustment, extension or regrant re-alignment, alteration, amendment, variation and/or addition shall be binding on the Owners and all expenses shall be paid out of the management funds PROVIDED THAT such adjustment or rethe exercise of any of the rights under this sub-alignment clause (f) shall not adversely affect the interfere with an Owner’s right of the Owners to hold, use, occupy and enjoy their respective parts the part of the Development Estate which he owns nor impede or restrict the access to and from any such part of the Estate and any extra site coverage or plot ratio or monetary compensation obtained by the First Owner as a result of the exercise of any of the rights under this sub-clause (f) shall be used and designated as part of the Common Areas and Facilities or go into the relevant part(s) of the Capital Equipment Fund, as the case may be.
(ig) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Suba sub-Deed deed of mutual covenant or sub-deeds of mutual covenant in respect of any part or parts of the Development still owned Estate (excluding any part of the Estate which has been sold or assigned by the First Owner Owner) PROVIDED THAT such Sub-Deeds it/they shall not conflict with the provisions of this Deed nor or adversely affect or prejudice affect(s) the rights, interests or obligations of the other Owners not bound by this Deed or any other previous Sub-Deed(s)it/them and it/they shall be approved by the Director of Lands unless the requirement for its/their approval is waived by the Director of Lands in his absolute discretion.
(jh) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the Conditions and the prior written approval of by a resolution passed by the Owners’ Committee (if any) or the Owners’ Corporation (when formed)Owners at a meeting in accordance with Clause 61 hereof, all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, footbridges, pedestrian bridges, subways, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of the adjacent land or any adjoining or neighbouring lands on PROVIDED THAT the exercise of such terms and conditions and to such persons as the First Owner right shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together not interfere with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas the exclusive use occupation and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form enjoyment of his part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably Estate nor impede or restrict the access to and from any such part of the Development;
(ii) if Estate and this right shall only be exercised for the benefit of the Lot and the Estate and any receipt from the exercise of any rights in this Clause 8 such right shall affect be credited to the Common Areas and Facilities or result in a conversion of any relevant part(s) of the Common Areas Capital Equipment Fund.
(i) The right subject to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of passed by the Owners at an Owners’ a meeting convened in accordance with Clause 61 hereof to obtain the grant of any easements, rights of way or any other rights of whatever nature whether proprietary, contractual or otherwise over or in relation to any adjoining or neighbouring land for the benefit of the Lot.
(j) The right subject to obtaining any necessary consent under this Deed is requiredthe Conditions and the law, written to alter, amend, vary or add to the Building Plans without the concurrence or approval of any Owner or other person having an interest in the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) Estate PROVIDED THAT those rights shall not be obtained and any payment received for the approval must be credited to the Special Fund;
(iii) if the exercise exercised in respect of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned Estate which has been sold or assigned by certain the First Owner and such alteration, amendment, variation or Owners addition shall not interfere with the right of any Owner to the exclusive use occupation and result in any benefit, concession enjoyment of his part of the Estate nor impede or compensation, then restrict the access to and from any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise part of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);Estate.
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 hereof and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify covenant in the assignments of the relevant Undivided Shares to the Owners and confirm all that the subsequent assignments thereof to acknowledge the rights reserved to the First Owner in Clause 8 hereof and to appoint the First Owner as such their attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Ownersaforesaid.
Appears in 2 contracts
Samples: Deed of Mutual Covenant Incorporating Management Agreement, Deed of Mutual Covenant Incorporating Management Agreement
ADDITIONAL RIGHTS OF THE FIRST OWNER. 89. The First Owner shall for as long as it remains is the beneficial owner Owner of any Undivided Share shall have the sole and absolute right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :-
(a) The the right to change, amend, vary, add build and operate in such part or parts of the Common Areas and Facilities for the common use and enjoyment of all Owners entitled to use such Common Areas and Facilities PROVIDED THAT such buildings and operations are for the purpose of completion of the Development AND PROVIDED FURTHER THAT such buildings and operations only take place at such part of the Land and the Development the exclusive right to the use occupation and enjoyment of which has not been assigned to any Owner AND PROVIDED THAT such buildings and operations shall not contravene the covenants terms and conditions of the Government Grant or alter adversely affect the Building Plans existing at the date hereof without the concurrence or approval exclusive right of any Owner or to use occupy and enjoy the Unit owned by him and/or impede the access of any Owner to his Unit AND PROVIDED FURTHER THAT the approval of the parties hereto but nothing herein Owner’s Committee or the Owner’s Corporation (if formed) by way of resolution shall absolve have been first obtained AND PROVIDED FURTHER THAT any benefit, concession or compensation, whether monetary or otherwise thereby acquired shall accrue to all the First Owner from Owners pro-rata in accordance with the requirements number of obtaining the prior written consent of the Government authorities pursuant to the Government LeaseUndivided Shares held by each Owner.
(b) the right to affix, erect, maintain, alter, renew and remove any one or more chimneys, signs, advertisements (illuminated or otherwise), masts, aerials, lightning conductors and lighting and other fixtures of whatsoever kind on the boundary and/or fence wall and/or the parapet wall of the Development or any part or parts of the Common Areas and Facilities or such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned or to grant the right to do so to any person PROVIDED ALWAYS THAT prior approval by a resolution of the Owners at an Owners’ meeting is obtained prior to the exercise of such rights AND PROVIDED FURTHER THAT any such chimney, sign, advertisement, mast, aerial, lightning conductor or lighting or other fixture shall not interfere with the use and enjoyment by other Owners of the Units owned by them and/or impede their access to their Units. Any payment received for the approval must be credited to the Development Sub Fund;
(c) the right to change the name of the Development at any time PROVIDED THAT prior approval by a resolution of the Owners at an Owners’ meeting is obtained prior to the exercise of such right and PROVIDED FURTHER THAT any consideration received by the First Owner in connection with the right under this Clause 9 shall be paid over to the Manager which shall apply the same for the payment of the Management Expenses AND PROVIDED FURTHER THAT the First Owner shall be liable for any damage or losses caused by the exercise of such right to any Units which have been sold or assigned by the First Owner;
(d) the right to apply negotiate and agree with the Government to amend, vary or modify the Government Lease (including the plan(s) annexed thereto) Grant in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity alone for and on behalf of joining in any other Owner.
(c) At itself and all times hereafter but subject to and with the benefit of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained by the First Owner.
(d) The right to enter into and upon all parts of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible to the Owners and shall make good any damage or loss that may be caused by or arise from such construction works.
(e) The right for the First Owner, his licensees or other third parties to affix, install, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid.
(f) The right to change the name of the Development at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to PROVIDED THAT prior approval by a resolution of the Owners and at an Owners’ meeting shall have been first obtained AND PROVIDED FURTHER THAT the exercise of this right shall not be liable interfere with an Owner’s right to hold, use, occupy and enjoy the Unit which he owns or impede or restrict his access to or from any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith.such Unit;
(ge) The the right to dedicate to the public any part or parts of the Lot and the Development vested in the name of Unit which is owned by the First Owner for the purposes purpose of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.fit PROVIDED THAT prior approval by a resolution of the Owners at an Owners’ meeting shall have been first obtained AND PROVIDED FURTHER THAT in making such dedication the First Owner shall not interfere with an Owner’s right to hold, use, occupy and enjoy the Unit which he owns or impede or restrict his access to or from any such Unit;
(hf) The the right to adjust or and/or re-align the boundary of the Lot Land and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development;
(ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval shall have been first obtained AND PROVIDED FURTHER THAT the exercise of such right shall not interfere with an Owner’s right to hold use occupy and enjoy the Owners’ Committee (if any) (Unit which he owns or impede or restrict his access to or from any such Unit AND PROVIDED FURTHER THAT any money so received following the Owners’ Corporation (when formed)) exercise of such right shall be obtained and any payment received for the approval must be credited to the Special Development Sub Fund;
(iiig) if the right to allocate or reallocate or amend in any way the number of the Undivided Shares and/or the Management Shares of and in the Land and the Development allocated or to be allocated to the Land and the Development or any part thereof as herein set out PROVIDED THAT the First Owner shall not exercise such right in respect of those Units and the accompanying number of Undivided Shares allocated therewith already sold or assigned by way of deeds of assignment by the First Owner to the Owners of the relevant Units AND PROVIDED FURTHER THAT the approval of the Director as to the exercise of any the right in this Clause 8 and the basis of the allocation shall affect have been first obtained that the Common Areas re-allocation will not increase other Owners’ contribution to the Management Expenses, that the total number of Undivided Shares and Facilities Management Shares shall remain the same, that the exercise of such right will not interfere with the other Owners’ right to hold use occupy and enjoy their Units and will not impede the other Owners’ access to their Units;
(h) the right without the necessity of making every Owner a party thereto to enter into a further Deed or Sub-Deed for the purpose of defining or regulating the obligations rights and interests of the Owners of any part of the Development owned PROVIDED THAT such further Deed or Sub-Deed shall first be approved by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result the Director AND PROVIDED FURTHER THAT the exercise of such exercise of rights will not interfere with the other Owners’ right shall, unless otherwise stated, be credited to hold use occupy and enjoy their Units and will not impede the management funds other Owners’ access to their Units; and accrued Each Owner though not a party to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT this Deed is deemed to have appointed the First Owner as their his attorney and grant agent and to have granted unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act his acts and deed deeds deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Ownersthis Clause9.
Appears in 1 contract
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The Each and every Owner covenants with the First Owner with the intent that the covenants, rights, entitlements, exceptions and reservations herein conferred upon the First Owner shall bind each and every Owner and their respective successors and assigns and are intended to run and shall run with the Lot and the Estate and any interest therein that the First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole sole, absolute and absolute exclusive right (and in addition to any other rights which it may have reserved under the said Assignment to the First Assignee or otherwise) in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit and without the consent or concurrence of any other Owners, the Owners' Committee, the Owners' Corporation or the Manager (save as otherwise restricted as in below) to do all or any of the following acts or deeds and to exercise all or any of the following rights :-which are hereby expressly excepted and reserved unto and (where appropriate) granted and conferred upon the First Owner and its specific assigns but shall exclude its general assigns provided that such rights shall be subject to the rights and privileges of F.S.I. and shall not in any way adversely affect or prejudice the rights, easements and privileges reserved to F.S.I. in this Deed and the Government Grant:-
(a) The following exclusive rights and liberties of the First Owner in relation to the Commercial Development or any part thereof:-
(i) Subject to the approval of a meeting of the Owners at an Owners’ meeting convened under this Deed, the right to apply to, negotiate and agree with the Government to amend, vary, modify, accept or enter into the Government Grant (including any plans annexed thereto) or any conditions thereof, or to obtain waiver, no-objection letter or licence (hereinafter collectively called the “Commercial Development Variation”), in so far as the same relates to the Commercial Development or any part thereof (including but not limited to re-designation of the routing and alignment of those parts of the Pedestrian Walkway situated in and forming part of the Commercial Development), from time to time for such purposes and in such manner as the First Owner in its absolute discretion shall decide or deem fit, and to execute any modification letter, waiver letter, no-objection letter, licence, deed of variation or any other Commercial Development Variation or modification document(s) in connection therewith in the name of the First Owner alone without the necessity of joining in any other Owner, and any such amendment or variation or modification shall be binding on the Owners Provided That such amendment, variation or modification will not interfere with the other Owners’ right to the exclusive use occupation and enjoyment of their Units or impede or restrict their access to and from their Units Provided Further That the exercise of the right under this Sub-clause shall affect only the Units remaining unsold or otherwise owned or retained by the First Owner. In the exercise of the right under this Sub- clause, the First Owner shall bear all costs arising therefrom and at its own expense make good any damage and shall ensure the least disturbance is caused. For the avoidance of doubt, in the event of re- designation of the routing and alignment of those parts of the Pedestrian Walkway situated in and forming part of the Commercial Development under this Sub-clause, those parts of the Pedestrian Walkway situated in and forming part of the Commercial Development which for identification purpose only are shown and coloured indigo double hatched black on the plans annexed to this Deed and marked Plan Nos.DMC-02 to DMC-04 (both inclusive) or any part(s) thereof shall as from the date of a memorandum (with plan(s) annexed) signed by the First Owner specifying and showing the re-designated routing and alignment of such part(s) of the Pedestrian Walkway situated in and forming part of the Commercial Development be deemed to have been substituted amended and replaced in accordance with the said memorandum provided that such memorandum shall be subject to the prior written approval of the Director of Lands being first had been obtained (unless the requirement of approval is waived by the Director of Lands in his absolute discretion). The First Owner shall cause the said memorandum (with plan(s) annexed) to be registered in the Land Registry and upon such registration, such part(s) of the Pedestrian Walkway situated in and forming part of the Commercial Development shall be deemed to have been substituted amended and replaced in accordance with the said memorandum. Notwithstanding anything in this Sub-clause to the contrary, the exercise of such right of the First Owner under this Sub-clause:-
(A) insofar as the right to change, amend, vary, add to or alter plans is concerned, should:-
(I) not impede or restrict access to or from the Government Accommodation; and
(II) require approval of the Owner of the Government Accommodation if it directly affects the Government Accommodation. The Government Property Administrator shall in its sole discretion determine whether or not the Government Accommodation is directly affected;
(B) insofar as the right to amend, vary or modify the terms of the Government Grant is concerned:-
(I) shall require prior written approval of the Owner of the Government Accommodation if in the opinion of the Government Property Administrator it directly affects the Government Accommodation;
(II) shall not be prejudicial to the rights of the Owner of the Government Accommodation in the use and enjoyment of and access to the Government Accommodation; and
(III) must not result in the Owner of the Government Accommodation being liable for any premium payable for any amendment, variation or modification save that the Owner of the Government Accommodation may agree to pay that portion of the premium payable for the amendment, variation or modification to the extent that the amendment, variation or modification, in the opinion of the Government Property Administrator, directly benefits the Government Accommodation but not otherwise.
(ii) The right at any time hereafter subject to the approval of the Director of Lands (if such approval is necessary) and the Building Authority (if required) to change, amend, vary, add to or alter the Building Plans existing at including but not limited to the date hereof without alteration amendment and variation of the concurrence design or approval appearance of the external walls, surfaces and facade of and/or forming part of the Commercial Development or any part thereof or the user or the layout of the Commercial Development or any part thereof and the erection and construction of any Owner or any additional staircases within the Commercial Development and re-designation of the parties hereto but nothing herein shall absolve the First Owner from the requirements routing and alignment of obtaining the prior written consent those parts of the Government authorities pursuant Pedestrian Walkway situated in and forming part of the Commercial Development, from time to the Government Lease.
(b) the right to apply to negotiate time for such purposes and agree with the Government to amend, vary or modify the Government Lease (including the plan(s) annexed thereto) in such manner as the First Owner may in its absolute discretion shall decide or deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner.
(c) At all times hereafter but subject to and , Provided That such change, amendment, variation, addition or alteration will not interfere with the benefit of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained by the First Owner.
(d) The right to enter into and upon all parts of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible to the Owners and shall make good any damage or loss that may be caused by or arise from such construction works.
(e) The right for the First Owner, his licensees or other third parties to affix, install, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid.
(f) The right to change the name of the Development at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith.
(g) The right to dedicate to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of their Units or impede or restrict their access to and from their Units Provided That the exercise of the right under this Sub-clause shall affect only the Units remaining unsold or otherwise owned or retained by the First Owner. In the exercise of the right under this Sub-clause, the First Owner shall bear all costs arising therefrom and at its own expense make good any part or damage and shall ensure the least disturbance is caused. For the further avoidance of doubt, in the event of re-designation of the routing and alignment of those parts of the Lot or Pedestrian Walkway situated in and forming part of the Commercial Development outside the part or under this Sub-clause, those parts of the Lot or the Development Pedestrian Walkway situated in question a party thereto to enter into Sub-Deed in respect of any and forming part or parts of the Commercial Development still owned which for identification purpose only are shown and coloured indigo double hatched black on the plans annexed to this Deed and marked Plan Nos.DMC-02 to DMC-04 (both inclusive) or any part(s) thereof shall as from the date of a memorandum (with plan(s) annexed) signed by the First Owner PROVIDED THAT specifying and showing the re- designated routing and alignment of such part(s) of the Pedestrian Walkway situated in and forming part of the Commercial Development be deemed to have been substituted amended and replaced in accordance with the said memorandum provided that such memorandum shall be subject to the prior written approval of the Director of Lands being first had been obtained (unless the requirement of approval is waived by the Director of Lands in his absolute discretion). The First Owner shall cause the said memorandum (with plan(s) annexed) to be registered in the Land Registry and upon such registration, such part(s) of the Pedestrian Walkway situated in and forming part of the Commercial Development shall be deemed to have been substituted amended and replaced in accordance with the said memorandum. Notwithstanding anything in this Sub-Deeds shall not conflict with clause to the provisions contrary, the exercise of this Deed nor adversely affect or prejudice the rights, interests or obligations such right of the other Owners bound by First Owner under this Deed or any other previous Sub-Deed(sclause:-
(A) insofar as relating to the change, amendment, variation, addition or alteration to the master layout plan (if any), should not affect the Government Accommodation; and
(B) insofar as the right to change, amend, vary, add to or alter plans is concerned, should:-
(I) not impede or restrict access to or from the Government Accommodation; and
(II) require approval of the Owner of the Government Accommodation if it directly affects the Government Accommodation. The Government Property Administrator shall in its sole discretion determine whether or not the Government Accommodation is directly affected.
(jiii) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited Without prejudice to the generality of Sub-clauses (i) and (ii) above, the full right to use and liberty at any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, time hereafter subject to the approval of the Owners’ Committee Director of Lands (if anysuch approval is necessary) and the Building Authority (if required) to erect and construct at the First Owner’s own expense connections, one or the Owners’ Corporation (when formed), all expenses more pedestrian footbridge and/or pedestrian walkway with connections and supports at such point(s) and level(s) as shall be paid out of approved by the management funds.
(kGovernment to connect the Commercial Development or any part(s) The right thereof through any opening(s) to grant be made in the Commercial Development or any rights, rights of way or easements or quasi-easements (including but not limited to part(s) thereof with the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms lots and/or developments and conditions and to such persons as the First Owner shall may deem appropriate.
(l) The right and privilege fit to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are apply for the common use and benefit agreement or consent of the Owners, together with the right Building Authority to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or dedicate for public passage such parts of the passageways in the Commercial Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute which are leading to the maintenance pedestrian footbridge(s) and/or pedestrian walkway(s) and upkeep of in return for such dedication to claim bonus plot ratio, buildable floor area and/or site coverage under the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Building (Planning) Regulation Provided that :-
(i) That in the exercise of any rights in this Clause 8 such right:-
(A) (I) it shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and or from any such part of the DevelopmentGovernment Accommodation;
(ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval of the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) shall be obtained and any payment received for the approval must be credited to the Special Fund;
(iii) if the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
Appears in 1 contract
Samples: Deed
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The Each and every Owner covenants with the First Owner to the intent that the covenants, rights, entitlements, exceptions and reservations herein conferred upon the First Owner shall bind each and every Owner and their respective successors and assigns and are intended to run and shall run with the Land and the Estate and any interest therein that the First Owner shall for as long as it remains the beneficial owner of any Undivided Share (and in addition to any other rights which it may have reserved under the said Assignment to the First Assignee or otherwise) have the sole sole, absolute and absolute exclusive right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit and without the consent or concurrence of any other Owners, the Owners' Committee, the Owners' Incorporation or the Manager (save as otherwise restricted as in below) to do all or any of the following acts or deeds and to exercise all or any of the following rights :-which are hereby expressly excepted and reserved unto and conferred upon the First Owner:-
(a) The right to changeapply to, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant to the Government Lease.
(b) the right to apply to negotiate and agree with the Government to amend, vary or modify the Government Lease Grant (including the plan(s) any plans annexed thereto) or any conditions thereof from time to time in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents modification letter, no-objection letter, deed of variation or any other modification document(s) in connection therewith in the name of the First Owner in connection therewith alone without the necessity of joining in any other OwnerOwner and any such amendment or variation or modification shall be binding on the Owners Provided That such amendment, variation or modification will not interfere with the Owners' right to the exclusive use occupation and enjoyment of their Units.
(b) The right at any time hereafter subject to the approval of the Building Authority (if required) to change, amend, vary, add to or alter the Building Plans Provided That such change, amendment, variation, addition or alteration will not interfere with the Owners' right to the exclusive use occupation and enjoyment of their Units and to carry out the construction works in accordance with such amended Building Plans and to do everything necessary therefor or incidental thereto. In exercise of the right under this Clause, the First Owner shall bear all costs arising therefrom and at its own expense make good any damage and shall ensure the least disturbance is caused.
(c) At all times hereafter but subject The right to and with the benefit enter into one or more Sub-Deed(s) in respect of any part or parts of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained Estate exclusively owned by the First OwnerOwner without joining in Owners of other parts of the Estate Provided That the provisions of such Sub-Deed(s) shall not contradict the provisions herein nor affect the rights, interests or obligations of any Owner not bound by such Sub-Deed(s) And Provided That such Sub-Deed(s) shall be drafted in accordance with the guidelines for drafting deeds of mutual covenants from time to time issued by the Law Society except where to comply with these guidelines, a Sub-Deed would then be in conflict with the provisions of this Deed, then these guidelines need not be complied with to the extent necessary to avoid any such conflict.
(d) The right to enter into and upon all parts effect surrender and/or dedication of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas any part or parts of the Lot Land and/or the Estate to the Government either pursuant to the Government Grant or whenever required by the Government so to do and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible be at liberty to surrender to the Owners Government or dedicate the same for public use in such form and manner as it shall make good in its absolute discretion think fit free from any damage claim or loss that may demand of any Owner including but without limitation any claim for compensation Provided That an Owner's right to hold use occupy and enjoy his Unit shall not be caused by or arise from such construction worksadversely affected.
(e) The right for to assign the First Owner, his licensees or other third parties Undivided Shares relating to affix, install, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities part or other fixtures are located within parts thereof to the Common Areas and Facilities Manager free of cost or consideration to be held on trust for all the exercise of such rights shall be Owners subject to this Deed. The Manager shall hold such Undivided Shares as trustee for all Owners for the time being.
(if) Subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid.
(f) The right to change the name of the Development at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith.
(g) The right to dedicate to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development Estate the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Estate Common Areas and Facilities or Residential Common Areas and Facilities whereupon with effect from such designation and declaration such additional Estate Common Areas and Facilities and Residential Common Areas and Facilities (as the case may be) shall form part of the Estate Common Areas and Facilities and Residential Common Areas and Facilities (as the case may be) as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same as if they were part of the Estate Common Areas and Facilities or Residential Common Areas and Facilities (as the case may be) PROVIDED THAT in making such designation and declaration the First Owner shall not have the unreasonably interfere with or affect an Owner’s exclusive right to hold, use and enjoy the Unit which such Owner owns PROVIDED FURTHER THAT no Owner (including the First Owner) and the Manager shall re-convert or re-designate such additional Common Areas the aforesaid common areas and Facilities facilities to his or its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-benefit.
(ig) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development;
(ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas Subject to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ ' meeting convened under this Deed is requiredDeed, written approval the right to affix, maintain, alter, repair, service, replace, renew and remove any one or more chimneys, flues, pipes, masts, conduits, plant, machinery, equipment, lightning conductors and lighting fixtures, including, without limitation, microwave distribution systems, aerials, dishes, antennae, transmitters, transponders, receivers, tuners and the ancillary equipment and connections thereto and other fixtures or structures of whatsoever kind on or within any part or parts of the Owners’ Committee Common Areas and the right to enter into and upon any part of the Land and the Estate with or without workmen and equipment at all reasonable times on giving prior reasonable written notice (if anyexcept in the case of emergency) (for any or all of the Owners’ Corporation (when formed)) purposes aforesaid and to license or otherwise permit or grant the right so to do to any other person on such terms as the First Owner may deem fit PROVIDED ALWAYS THAT the exercise of any of such rights shall be obtained not unreasonably interfere with the exclusive use of the Unit which other Owners own and any payment consideration received for the approval must therefor shall be credited to the Special Fund;Funds.
(iiih) if The right to utilize in whole or in part the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part balance of the Development owned maximum plot ratio of the Land from time to time and at any time permitted under the Building Ordinance (Cap.123) or under the Government Grant or otherwise including any concessions or bonus which may be granted by certain Owner the Building Authority or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired obtained as a result of such exercise modification of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);Government Grant.
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as to be their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act acts and deed deeds deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s 's rights mentioned in Clause 8 with the full power of delegation and the Owners hereby further jointly and severally and irrevocably undertake to do all acts deeds matters and things and to execute sign seal and deliver such deed or deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
(b) Each Assignment of the Unit shall include a covenant in substantially the following terms : "The Purchaser covenants with the Vendor for itself and as agent for Supreme Hero Limited ("the Company" which expression shall include its successors assigns and attorneys) to the intent that such covenants shall bind the Property and the owner or owners thereof for the time being and other person or persons deriving title under the Covenanting Purchaser (each and all of whom including the Purchaser is and are hereinafter included in the expression "the Covenanting Purchaser") and shall enure for the benefit of the Estate and be enforceable by the Company and its successors and assigns that :-
(i) the Covenanting Purchaser confirms and acknowledges the covenants, rights, entitlements, exceptions and reservations granted and conferred on the Company under Clause 8 of a Deed of Mutual Covenant and Management Agreement dated the [ ] day of [ ] and the Covenanting Purchaser shall not do or permit anything to be done which will in any way affect or hinder the exercise of the said rights by the Company;
(ii) the Covenanting Purchaser shall, if required by the Company, do everything necessary, including giving express consents in writing to the exercise of the said rights by the Company, to facilitate the exercise of the said rights by the Company;
(iii) the Covenanting Purchaser hereby expressly and irrevocably appoints the Company to be its attorney and grants unto the Company the full right power and authority to give all consents and to do all acts deeds matters and things and to execute and sign seal and as the acts and deeds of the Covenanting Purchaser deliver such deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the exercise of the rights conferred on the Company as aforesaid with the full power of delegation and the Covenanting Purchaser hereby further covenants to do all acts deeds matters and things and to execute sign seal and deliver such deed or deeds and to sign such documents or instruments as may be necessary to give effect to such appointment and grant; and
(iv) in the event of the Covenanting Purchaser selling or otherwise disposing of the Property, the Covenanting Purchaser shall sell or otherwise dispose of the Property upon the condition that the purchaser or assignee thereof shall enter into the same binding covenants on terms similar in scope and extent as the covenants (i), (ii) and
Appears in 1 contract
Samples: Deed
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole and absolute right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :-
(a) The right to change, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant Subject to the Government Lease.
(bConditions and Clause 7(e) the right to apply to negotiate and agree with the Government to amendhereof, vary or modify the Government Lease (including the plan(s) annexed thereto) in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner.
(c) At at all times hereafter but subject to and with the benefit of the Government Lease Conditions and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the other Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises part(s) of the Estate held therewith retained by the First Owner.
(db) The At its own costs and expense the right to enter into and upon all parts of the Lot and the Development Estate (save and except those parts of the Lot and the Development Estate the sole and exclusive right to the use enjoyment and occupation of which have has been sold or assigned or otherwise disposed of by the First Owner to an Owner) with all necessary equipment, plant and materials for the purposes of constructing constructing, completing, improving or completing renovating the other Estate or any part or parts of the Development thereof and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development Estate (save and except those parts as aforesaid) as it may from time to time reasonably see fitfit upon giving prior notice in writing to the Owners (save in case of emergency). The right of the First Owner to enter the Lot and the Development Estate (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised authorized by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, time issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development Estate (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall not unreasonably interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Estate which he owns or unreasonably impede or restrict the access to or egress from any such part of the Estate and shall cause as little disturbance as reasonably possible to the Owners and shall not unreasonably adversely affect the use occupation enjoyment of the Common Areas and Facilities when carrying out such works and shall make good any disturbance, damage or loss that may be caused by or arise from such construction works.
(ec) The right for the First Ownerto install, his licensees or other third parties to affix, installpaint, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes pipes, signs, signboards, masts, aerials, antennae, satellite dish, cables, telecommunication systems or any other structuresinstallations, facilities lightning conductors and lighting and other fixtures or structures or facilities of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development Estate (save and except those parts of the Development Lot and the Estate the sole and exclusive right to the use enjoyment and occupation of which have has been sold or assigned or otherwise disposed of by the First Owner to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaidaforesaid and the right to license or otherwise permit or grant any of such rights so to do to owners of land(s) adjoining the Lot PROVIDED THAT the prior written approval by a resolution passed by the Owners at a meeting in accordance with Clause 61(i) hereof has been obtained if the exercise of any of such rights shall affect the Common Areas and Facilities or any part or parts thereof and any payment received for such approval shall be credited to the Special Fund PROVIDED FURTHER THAT the exercise of any of such rights shall not contravene the provisions of the Conditions and shall not unreasonably interfere with or affect an Owner’s right to hold, use, occupy and enjoy the part of the Estate which he owns or unreasonably impede or restrict the access to and from any such part of the Estate.
(fd) The right to change the name of the Development Estate at any time within two (2) years from as the date of this Deed First Owner shall deem fit and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewithOwners.
(ge) The right to dedicate to the public any part or parts of the Lot and/or the Estate the sole and exclusive right to the Development vested in the name use enjoyment and occupation of which has not been sold or assigned or otherwise disposed of by the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant fit PROVIDED THAT in making such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT dedication the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely unreasonably interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development Estate which he owns or (2) nor unreasonably impede or restrict the access to or egress from the same and from PROVIDED FURTHER THAT any claim for any benefit in the event that the Building Authority permits the site coverage or the plot ratio for any building and buildings or for any part and parts of any building or buildings within the Lot to exceed the permitted site coverage or plot ratio, as the case may be, as a result of such part dedication or in the event that Government offers any money or grant any land as compensation for or in exchange of such dedication, shall accrue for the benefit of the Development;First Owner solely.
(iif) if The right to adjust and/or re-align the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any boundary of the Common Areas Lot and to apply to the exclusive use by Government for any alteration, amendment, variation or addition to the terms and conditions of the Conditions, and to negotiate and agree with the Government in connection therewith in such manner as the First Owner, then unless it is expressly stated that Owner may deem fit subject to the prior written approval by a resolution of passed by the Owners at an a meeting in accordance with Clause 61(i) hereof and for those purposes to effect any surrender, or re-grant or other documents in the name of the First Owner without the necessity of joining in the other Owners and any such adjustment, re-alignment, alteration, amendment, variation and/or addition shall be binding on the Owners’ meeting convened . No such adjustment, re-alignment, alteration, amendment, variation and/or addition shall give to any Owner any right of action against the First Owner and all expenses shall be paid out of the Special Fund PROVIDED THAT the right to surrender any part of the Lot and/or the Estate under this Deed is required, written approval of the Owners’ Committee sub-clause (if any) (or the Owners’ Corporation (when formed)f) shall be obtained and any payment received for the approval must be credited restricted to the Special Fund;
(iii) if part or parts of the Lot and/or the Estate the sole and exclusive right to the use enjoyment and occupation of which has not been sold or assigned or otherwise disposed of by the First Owner and the exercise of any right in of the rights under this Clause 8 sub-clause (f) shall not unreasonably adversely affect the Common Areas and Facilities or any part interests of the Development owned Owners nor unreasonably interfere with their right to hold, use, occupy and enjoy their respective parts of the Estate nor unreasonably impede access to or egress from the same PROVIDED FURTHER THAT any extra site coverage or plot ratio obtained by certain the First Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.the rights under this sub-clause
Appears in 1 contract
Samples: Deed of Mutual Covenant Incorporating Management Agreement
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The Each and every Owner covenants with the First Owner (which for the purposes of this Clause shall exclude its successors and assigns) with the intent that the covenants, rights, entitlements, exceptions and reservations herein conferred upon the First Owner shall bind each and every Owner and their respective successors and assigns and are intended to run and shall run with the Lot and the Development and any interest therein that the First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole sole, absolute and absolute exclusive right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit and without the consent or concurrence of any other Owners, the Owners' Committee, the Owners' Corporation or the Manager (save as otherwise restricted as in below) to do all or any of the following acts or deeds and to exercise all or any of the following rights :-which are hereby expressly excepted and reserved unto and conferred upon the First Owner:-
(a) The right to changeapply to, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant to the Government Lease.
(b) the right to apply to negotiate and agree with the Government to amend, vary or modify the Government Lease Grant (including the plan(s) any plans annexed thereto) or any conditions thereof and any subject matter of approval which had been given or is required from the Director of Lands from time to time in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents modification letter, no-objection letter, deed of variation or any other modification document(s) in connection therewith in the name of the First Owner in connection therewith alone without the necessity of joining in any other Owner and any such amendment or variation or modification shall be binding on the Owners Provided That such amendment, variation or modification will not interfere with the Owners' right to the exclusive use occupation and enjoyment of their Units or impede or restrict their access to and from their Units or affect an Owner's right and interest in the Lot and the Development and Provided That the exercise of the right under this Clause shall affect only the Units remaining unsold or otherwise owned or retained by the First Owner Provided Further That all costs and expenses involved in the exercise of the rights shall be solely borne by the First Owner.
(b) The right at any time hereafter subject to the approval of the Director of Lands (if such approval is necessary) and the Building Authority (if required) to change, amend, vary, add to or alter the Approved Building Plans Provided That such change, amendment, variation, addition or alteration will not interfere with the Owners' right to the exclusive use occupation and enjoyment of their Units or impede or restrict their access to and from their Units or affect an Owner's right and interest in the Lot and the Development and Provided That the exercise of the right under this Clause shall affect only the Units remaining unsold or otherwise owned or retained by the First Owner and to carry out the construction works in accordance with such amended Approved Building Plans and to do everything necessary therefor or incidental thereto. In exercise of the right under this Clause, the First Owner shall bear all costs arising therefrom and at its own expense make good any damage and shall ensure the least disturbance is caused.
(c) At all times The right at any time hereafter but subject to enter into any part of the Lot and the Development (save and except any Unit the exclusive right to the occupation and enjoyment of which has been assigned by the First Owner) whether with or without contractors, servants, agents, workmen, or other persons authorized and with all necessary tools, equipment, plant and materials for the purposes of (i) constructing and completing the construction of the Development and any other part or parts of the Development and such other buildings or structures thereon and (ii) carrying out other works in under on or over the Lot and the Development as it shall require from time to time for the benefit of the Government Lease Lot and this Deed insofar the Development and may for such purposes carry out all such works in under or over the Lot and the Development as they relate theretoit may from time to time see fit Provided That (i) in the exercise of such right, the full First Owner shall take reasonable steps to ensure that the work shall be carried out expeditiously and unrestricted right without interference by with due diligence causing the least disturbance; and (ii) the First Owner shall at its own cost and expense make good any damage that may be caused. The First Owner shall notify the Owners in writing as to assign, mortgage, charge, lease, license, franchise, part with possession the areas or parts of or otherwise deal with the Undivided Shares Lot and the premises held therewith retained Development which the Owners may or may not use while such works are being carried out and the Owners shall comply with such notification. The right of the First Owner to enter into the Lot to carry out such works shall extend equally to all necessary contractors agents workers and other persons authorised by the First Owner.
(d) The right to enter into and upon all one or more Sub-Deed or Sub-Deeds in respect of any part or parts of the Lot and Development exclusively owned by the Development (save and except those parts First Owner without joining in Owners of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development for the purpose including but not limited to sub-allocating Undivided Shares and/or Management Units relating thereto Provided That the provisions of such Sub-Deed(s) shall not contradict the provisions herein nor affect the rights, interests or obligations of any Owner not bound by such Sub-Deed(s) Provided Further That all costs and may, for such purpose, carry out all such works in, under, on or over expenses involved in the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right exercise of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works rights shall extend equally to all necessary contractors, agents, workers and other persons authorised be solely borne by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible to the Owners and shall make good any damage or loss that may be caused by or arise from such construction works.
(e) The right to effect surrenders and/or dedication of any part or parts of the Lot and/or the Development to the Government either pursuant to the Government Grant or whenever required by the Government so to do and the First Owner shall be at liberty to surrender to the Government or dedicate the same for public use in such form and manner as it shall in its absolute discretion think fit free from any claim or demand of any Owner including but without limitation any claim for compensation Provided That an Owner's right to hold use occupy and enjoy his Unit shall not be interfered with and Provided That his access to and from his Unit will not be impeded or restricted and the right and interest of an Owner in the Lot and the Development shall not be affected and any consideration received therefor shall be credited to the Special Fund and Provided That the exercise of the right under this Clause shall affect only the Units remaining unsold or otherwise owned or retained by the First Owner Provided Further That all costs and expenses involved in the exercise of the rights shall be solely borne by the First Owner.
(f) Subject to the prior written approval by a resolution of Owners at an Owners' meeting convened under this Deed (if formed), his licensees or other third parties the right to affix, install, maintain, alter, repair, service, replace, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structurespipes, facilities masts, conduits, plant, machinery, equipment, lightning conductors and lighting fixtures, including, without limitation, microwave distribution systems, aerials, dishes, antennae, transmitters, transponders, receivers, tuners and the ancillary equipment and connections thereto and other fixtures or structures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Lot and the Development (save and except those parts any of the Development Units unless the sole and exclusive right to consent of the use enjoyment and occupation of which have Owners thereof has been assigned or otherwise disposed of to an Owner) obtained with or without workmen and equipment at all reasonable times on giving prior reasonable written notice (save except in the case of emergency) for any or all of the purposes aforesaid.
(f) The aforesaid and to license or otherwise permit or grant the right so to change do to any other person on such terms as the name First Owner may deem fit PROVIDED ALWAYS THAT if the work to be carried out by the First Owner is for completion of the Development in accordance with the Approved Building Plans, in so far as it is not inconsistent with the provisions of the BMO, the prior consent of the Owners at any time within two (2) years from the date of an Owners' meeting convened under this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable required but the exercise of any of such rights shall not interfere with the exclusive use and enjoyment of the Units which other Owners own and any consideration received therefor shall be credited to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewithSpecial Fund.
(g) The right to dedicate Subject to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior written approval by a resolution of Owners at a an Owners' meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Development Common Areas and Facilities, Commercial Common Areas or Residential Common Areas and Facilities whereupon with effect from such designation and declaration such additional Development Common Areas and Facilities or Residential Common Areas and Facilities (as the case may be) shall form part of the Development Common Areas and Facilities, Commercial Common Areas or Residential Common Areas and Facilities (as the case may be) as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same as if they were part of the Development Common Areas and Facilities, Commercial Common Areas or Residential Common Areas and Facilities (as the case may be) PROVIDED THAT in making such designation and declaration the First Owner shall not have the interfere with or affect an Owner's exclusive right to hold, use and occupy the Unit which such Owner owns PROVIDED FURTHER THAT no Owner (including the First Owner) and the Manager shall re-convert or re-designate such additional Common Areas the aforesaid common areas and Facilities facilities to his or its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-benefit.
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development;
(ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval of the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) shall be obtained and any payment received for the approval must be credited to the Special Fund;
(iii) if the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as (which for the purposes of this Clause shall exclude its successors and assigns) and each of them jointly and severally to be their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act acts and deed deeds deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s 's rights mentioned in Clause 8 with the full power of delegation and the Owners hereby further jointly and severally and irrevocably undertake to do all acts deeds matters and things and to execute sign seal and deliver such deed or deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
(b) Every assignment of the Unit shall include a covenant in substantially the following terms: "The Purchaser covenants with the Vendor for itself and as agent for Earning Yield Limited ("the Company" which expression shall exclude its successors assigns and attorneys) to the intent that such covenants shall bind the Property and the owner or owners thereof for the time being and other person or persons deriving title under the Covenanting Purchaser (each and all of whom including the Purchaser is and are hereinafter included in the expression "the Covenanting Purchaser") and shall enure for the benefit of the Development and be enforceable by the Company and its successors and assigns that :-
(i) the Covenanting Purchaser confirms and acknowledges the covenants, rights, entitlements, exceptions and reservations granted and conferred on the Company under Clause 8 of a Deed of Mutual Covenant and Management Agreement dated the day of 201 and the Covenanting Purchaser shall not do or permit anything to be done which will in any way affect or hinder the exercise of the said rights by the Company;
(ii) the Covenanting Purchaser shall, if required by the Company, do everything necessary, including giving express consents in writing to the exercise of the said rights by the Company, to facilitate the exercise of the said rights by the Company;
(iii) the Covenanting Purchaser (and if more than one, each of them jointly and severally) hereby expressly and irrevocably appoints the Company to be its attorney and grants unto the Company the full right power and authority to give all consents and to do all acts deeds matters and things and to execute and sign seal and as the acts and deeds of the Covenanting Purchaser deliver such deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the exercise of the rights conferred on the Company as aforesaid with the full power of delegation and the Covenanting Purchaser hereby further covenants to do all acts deeds matters and things and to execute sign seal and deliver such deed or deeds and to sign such documents or instruments as may be necessary to give effect to such appointment and grant; and
(iv) in the event of the Covenanting Purchaser selling or otherwise disposing of the Property, the Covenanting Purchaser shall sell or otherwise dispose of the Property upon the condition that the purchaser or assignee thereof shall enter into the same binding covenants on terms similar in scope and extent as the covenants (i), (ii) and (iii) hereinbefore contained PROVIDED THAT upon the Covenanting Purchaser complying with and performing the covenant (iv) hereinbefore contained, the Covenanting Purchaser shall not be liable for any breach of the covenants (i), (ii) and (iii) hereinbefore contained which may happen after the Covenanting Purchaser shall have sold or otherwise disposed of the Property in respect whereof such purchaser or assignee shall have entered into such covenants similar in scope and extent as the covenants (i), (ii) and (iii) hereinbefore contained."
Appears in 1 contract
Samples: Deed of Assignment
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole and absolute right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :-
(a) The right to change, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant to the Government Lease.
(b) the right to apply to negotiate and agree with the Government to amend, vary or modify the Government Lease (including the plan(s) annexed thereto) in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner.
(c) At all times hereafter but subject to and with the benefit of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained by the First Owner.
(d) The right to enter into and upon all parts of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible to the Owners and shall make good any damage or loss that may be caused by or arise from such construction works.
(e) The right for the First Owner, his licensees or other third parties to affix, install, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid.
(f) The right to change the name of the Development at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith.
(g) The right to dedicate to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development;
(ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval of the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) shall be obtained and any payment received for the approval must be credited to the Special Fund;
(iii) if the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
Appears in 1 contract
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole and absolute right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :-
(a) The right to change, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant to the Government Lease.
(b) the right to apply to negotiate and agree with the Government to amend, vary or modify the Government Lease (including the plan(s) annexed thereto) in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other OwnerOwner .
(c) At all times hereafter but subject to and with the benefit of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained by the First Owner.
(d) The right to enter into and upon all parts of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas or parts of the Lot and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible to the Owners and shall make good any damage or loss that may be caused by or arise from such construction works.
(e) The right for the First Owner, his licensees or other third parties to affix, install, maintain, alter, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid.
(f) The right to change the name of the Development at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six months’ notice to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith.
(g) The right to dedicate to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fitfit .
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s)Deeds.
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development;
(ii) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval of the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) shall be obtained and any payment received for the approval must be credited to the Special Fund;
(iii) if the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
Appears in 1 contract
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The 3.1 Each and every Owner covenants with the First Owner with the intent that the covenants, rights, entitlements, exceptions and reservations herein conferred upon the First Owner shall bind each and every Owner and their respective successors and assigns and are intended to run and shall run with the Land and the Development and any interest therein that the First Owner shall for as long as it remains the beneficial owner of any Undivided Share have the sole and absolute right in its absolute and unfettered discretion (whether acting by itself or by any of the professionals, contractors and agents engaged, appointed or employed by the First Owner) at any time or times and from time to time as it shall deem fit to do all or any of the following acts or deeds and to exercise all or any of the following rights :PROVIDED THAT all costs and expenses for and incurred in exercising the following rights shall be borne solely by the First Owner: -
(a) The the right to change, amend, vary, add to or alter the Building Plans existing at the date hereof in respect of the parts of the Development which have not been sold or assigned by the First Owner without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Director of Lands or other Government authorities pursuant to the Government Lease.Grant PROVIDED THAT any such change, amendment, variation, addition or alteration shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from such Unit;
(b) subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right to apply to to, negotiate and agree with the Government to amend, vary vary, modify, accept or modify enter into the Government Lease Grant (including the plan(s) annexed thereto) or any condition thereof, or to obtain waiver, no-objection letter or licence (hereinafter collectively called “the Variation”) in so far as the same relates to the Land and the Development or any part thereof, from time to time for such purposes and in such manner and in its absolute discretion as the First Owner may shall decide or deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner., and the Variation shall bind on any Owner of the Land and the Development PROVIDED THAT: -
(i) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to or from such Unit;
(ii) if any exercise of this right should affect the Common Areas and Facilities or any Unit(s), the prior written approval of the Owners’ Committee (only after it has been formed) or the Owners’ Corporation, (if formed) shall be required and any benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of this right shall accrue to all Owners or the relevant Owner(s) concerned (as the case may be) and any payment received shall be credited into the Special Fund for the benefit of all Owners; and
(iii) the Variation shall not give any right to the other Owners of objection or action against the First Owner;
(c) At all times hereafter but subject to and with the benefit of the Government Lease and this Deed insofar as they relate thereto, the full and unrestricted right without interference by the Owners to assign, mortgage, charge, lease, license, franchise, part with possession of or otherwise deal with the Undivided Shares and the premises held therewith retained by the First Owner.
(d) The right to enter into and upon all parts of the Lot Land and the Development (save and except those parts of the Lot Land and the Development the sole and exclusive right to the use enjoyment and occupation of which have been sold or assigned by the First Owner or otherwise disposed of to an Owner) with or without contractors, agents, workers, and other persons authorised by the First Owner, and with or without all necessary equipment, plant plant, materials and materials machinery for the purposes of constructing or completing the other parts of the Development or carrying out all or any works for implementation of and in accordance with the Building Plans (amended as aforesaid) and/or the Government Grant (with variation as aforesaid), and to do everything necessary therefor or incidental thereto, including but not limited to the demolition and/or construction and/or relocation of any part(s) (whether structural or otherwise) of the Development subject to the approval of the relevant government authorities and in accordance with all relevant ordinances and regulations, and may, for such purpose, carry out all such works in, under, on or over the Lot Land and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, time issue in writing to the Owners instructions as to the areas or parts of the Lot Land and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as is reasonably possible to the Owners and shall not interfere with or affect the use occupation and enjoyment of or prevent or impede the access to or egress from any Unit of the Owners when carrying out such works and shall at its own cost and expense make good any damage or loss that may be caused by or arise from such construction works.;
(ed) The subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right for the First Owner, his licensees or other third parties to affix, install, maintain, alter, repair, service, replace, renew and remove any one or more signsmasts, aerials, antennae, satellite dish, cables, telecommunication system, lightning conductors, lighting, chimneys, flues, pipes pipes, conduits, plants, machinery, equipment, transmitters, transponders, receivers, or any other structures, facilities and other fixtures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been sold or assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner and the right to enter into and upon any part of the Land and the Development (save and except those parts of the Land and the Development the sole and exclusive right to the use enjoyment and occupation of which have been sold or assigned by the First Owner or otherwise disposed of to an Owner) with or without workmen and equipment at all reasonable times on giving prior written notice (save in case of emergency) for any or all of the purposes aforesaid., and the right to license or otherwise permit or grant the right so to do to any person PROVIDED THAT: -
(fi) The the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict an Owner’s right of access to and from his Unit;
(ii) such mast, aerial, antennae, satellite dish, cables, telecommunication system, lightning conductors, lighting, chimneys, flues, pipes, conduits, plants, machinery, equipment, transmitters, transponders, receivers or any other structures, facilities or other fixtures of whatsoever kind shall be for the common use and enjoyment of all the Owners and any consideration received therefor shall be credited to the Special Fund for the benefit of all the Owners; and
(iii) any payment received for the approval must be credited to the Special Fund for the benefit of all Owners;
(e) the right to change the name of the Development or any part or parts thereof at any time within two (2) years from the date of this Deed and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner upon giving six (6) months’ prior written notice to the Owners Owners, and the First Owner and the Manager shall not be liable to any Owner Owner, occupier or other person persons having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewith.;
(gf) The subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right to surrender or assign to the Government or dedicate to the public any part or parts of the Lot Land and the Development vested in the name of owned and not yet sold or assigned by the First Owner which is required to be surrendered or assigned to the Government or dedicated to the public pursuant to the requirement under the Government Grant or whenever required by the Government for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.fit PROVIDED THAT such surrender, assignment or dedication shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict an Owner’s right of access to and from his Unit, and any payment received shall be credited to the Special Fund for the benefit of all Owners;
(hg) The subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right to adjust or re-align the boundary of the Lot Land and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the interfere with an Owner’s right of the Owners to hold, use, occupy and enjoy their respective parts his Unit or impede or restrict an Owner’s right of access to and from his Unit, and any payment received shall be credited to the Development and .Special Fund for the benefit of all Owners;
(ih) The right without the necessity of making any Owner entitled subject to the exclusive use occupation and enjoyment prior written approval by a resolution of any part or parts of Owners at an Owners’ meeting convened under this Deed, the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, footbridges, pedestrian bridges, subways, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease Grant or licence for the benefit of the Lot Land and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), and all expenses shall be paid out of the management funds.funds PROVIDED THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict an Owner’s right of access to and from his Unit shall not be impeded, and any payment received shall be credited to the Special Fund for the benefit of all Owners;
(ki) The subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and subject to the Government Grant, the right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, footbridges, pedestrian bridges, subways, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior approval by a resolution of Owners at a meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Common Areas and Facilities whereupon with effect from such designation and declaration such additional Common Areas and Facilities shall form part of the Common Areas and Facilities as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same appropriate PROVIDED THAT the First Owner exercise of this right shall not have contravene the right to re-convert or re-designate such additional Common Areas provisions of the Government Grant and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the part of the Development which he owns his Unit or (2) unreasonably impede or restrict the an Owner’s right of access to and from his Unit, and any such part consideration or payment received therefor shall be credited to the Special Fund for the benefit of the Developmentall Owners;
(iij) if the exercise of any rights in this Clause 8 shall affect the Common Areas and Facilities or result in a conversion of any of the Common Areas without prejudice to the exclusive use by generality of Clause 3.1(h) and Clause 3.1(i) above and subject to the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is requiredand subject to the Government Grant, written approval the right, with or without joining any other Owner, to enter into any deed or deeds of grant of easement with the owners and/or occupiers of the Owners’ Committee (if any) (adjacent land at any time or times and on such terms and subject to such conditions as the Owners’ Corporation (when formed)) First Owner may deem appropriate, and to enter into any deed or deeds, at any time or times, to vary, amend or otherwise alter the terms, conditions or covenants of or contained in such deed or deeds so long as the same shall not be obtained in conflict with the terms and conditions of this Deed PROVIDED THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede an Owner’s right of access to and from his Unit, and any consideration or payment received for the approval must therefor shall be credited to the Special FundFund for the benefit of all the Owners;
(iiik) if the right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any Unit a party to enter into Sub-Deed(s) in respect of the Commercial Accommodation for the purpose of further defining and regulating the rights, interests and obligations of the Owners PROVIDED THAT such Sub-Deed(s) shall not conflict with the provisions of this Deed and shall be subject to the prior written approval of the Director of Lands, unless otherwise waived;
(l) subject to the relevant government authorities and in accordance with the relevant ordinances and regulations, the right to carry out any construction works for implementation of and in accordance with any amended Building Plans and/or the Government Grant (with or without the Variation as aforesaid), and to do everything necessary therefor or incidental thereto including but not limited to the demolition and/or construction and/or relocation of any part thereof (whether structural or otherwise) PROVIDED THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede an Owner’s right of access to and from his Unit;
(m) at all times hereafter but subject to and with the benefit of the Government Grant, this Deed and any Sub-Deed(s) insofar as they relate thereto, the full and unrestricted right without interfered by any other Owner to assign, mortgage, charge, lease, license, part with possession of or otherwise deal with the Undivided Shares retained by the First Owner (other than the Undivided Shares in respect of the Common Areas and Facilities), and to assign, mortgage, charge, lease or license the full and exclusive right and privilege to hold, use, occupy and enjoy any such Unit with the Development held therewith PROVIDED THAT such dealings shall not contravene the terms and conditions of the Government Grant, this Deed and any Sub-Deed(s);
(n) subject to the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and subject to the Government Grant, the right to enter into and upon any part of the Land and the Development (including the Common Areas and Facilities) to construct maintain lay alter remove re- route and renew drains, pipes, cables, sewers and other installations, fittings, xxxxxxxx and other structures within the Land and the Development or partly within the Land and the Development and the adjoining land for the purpose of supplying utilities services and recreational facilities to the Land and the Development only PROVIDED THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict an Owner’s right of access to and from his Unit shall not be impeded, and any payment received shall be credited to the Special Fund for the benefit of all Owners;
(o) the right and liberty to utilize in whole or in part of the balance of the maximum plot ratio, buildable floor area and/or site coverage of the Land for the time being and at any time permitted under the Buildings Ordinance (Cap. 123) or under the Government Grant or otherwise including any concessions or bonus which may be granted by the Building Authority or obtained as a result of modification of the Government Grant PROVIDED FURTHER THAT the exercise of any right in this Clause 8 shall affect the Common Areas and Facilities or any part of the Development owned above rights by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be);
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as under this Clause 3.1 shall not: -
(1) interfere with the other Owners’ right to hold, use, occupy and enjoy their attorney Units; and
(2) impede other Owners’ access to and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as from their act and deed deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s rights mentioned in Clause 8 and the Owners hereby further jointly and severally undertake to do all acts deeds matters and things and to execute sign seal and deliver such deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such OwnersUnits.
Appears in 1 contract
Samples: Deed of Mutual Covenant
ADDITIONAL RIGHTS OF THE FIRST OWNER. 8. The Each and every Owner covenants with the First Owner with the intent that the covenants, rights, entitlements, exceptions and reservations herein conferred upon the First Owner shall bind each and every Owner and their respective successors and assigns and are intended to run and shall run with the Lot and the Estate and any interest therein that the First Owner shall for as long as it remains the beneficial owner of any Undivided Share (and in addition to any other rights which it may have reserved under the said Assignment to the First Assignee or otherwise) have the sole sole, absolute and absolute exclusive right in its absolute and unfettered discretion at any time or times and from time to time as it shall deem fit and without the consent or concurrence of any other Owners, the Owners' Committee, the Owners' Incorporation or the Manager (save as otherwise restricted as in below) to do all or any of the following acts or deeds and to exercise all or any of the following rights :-which are hereby expressly excepted and reserved unto and conferred upon the First Owner:-
(a) The right to changeapply to, amend, vary, add to or alter the Building Plans existing at the date hereof without the concurrence or approval of any Owner or any of the parties hereto but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Government authorities pursuant to the Government Lease.
(b) the right to apply to negotiate and agree with the Government to amend, vary or modify the Government Lease Grant (including the plan(s) any plans annexed thereto) or any conditions thereof from time to time in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents modification letter, no-objection letter, deed of variation or any other modification document(s) in connection therewith in the name of the First Owner in connection therewith alone without the necessity of joining in any other OwnerOwner and any such amendment or variation or modification shall be binding on the Owners provided that such amendment, variation or modification will not interfere with the Owners' right to the exclusive use occupation and enjoyment of their Units.
(b) The right at any time hereafter subject to the approval of the Building Authority (if required) to change, amend, vary, add to or alter the Building Plans including but not limited to the alteration amendment and variation of the user or the layout of the staircases and internal partitions of the Commercial Development or any part thereof and the erection and construction of any additional staircases within the Commercial Development Provided That such change, amendment, variation, addition or alteration will not interfere with the Owners' right to the exclusive use occupation and enjoyment of their Units and to carry out the construction works in accordance with such amended Building Plans and to do everything necessary therefor or incidental thereto including but not limited to the demolition and/or relocation of any part(s) (whether structural or otherwise) of the Commercial Development. In exercise of the right under this Clause, the First Owner shall bear all costs arising therefrom and at its own expense make good any damage and shall ensure the least disturbance is caused.
(c) At all times hereafter but subject The right to and with the benefit enter into one or more Sub-Deed or Sub-Deeds of mutual covenant in respect of the Government Lease and this Deed insofar as they relate thereto, Commercial Development and/or any part or parts of the full and unrestricted right without interference by Estate for the Owners purpose including but not limited to assign, mortgage, charge, lease, license, franchise, part with possession of sub-allocating or otherwise deal with the re-allocating Undivided Shares and and/or Management Units relating thereto without joining in Owners of other parts of the premises held therewith retained Estate Provided That the provisions of such Sub- Deed(s) shall not contradict the provisions herein nor affect the rights, interests or obligations of any Owner not bound by the First Ownersuch Sub-Deed(s).
(d) The right to enter into and upon all parts effect surrenders and/or dedication of the Lot and the Development (save and except those parts of the Lot and the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) with all necessary equipment, plant and materials for the purposes of constructing or completing the other parts of the Development and may, for such purpose, carry out all such works in, under, on or over the Lot and the Development (save and except those parts as aforesaid) as it may from time to time see fit. The right of the First Owner to enter the Lot and the Development (save and except those parts as aforesaid) to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorised by the First Owner. The First Owner in pursuance of such works may from time to time, subject to the Manager’s prior written consent to such instructions, issue in writing to the Owners instructions as to the areas any part or parts of the Lot and/or the Estate to the Government either pursuant to the Government Grant or otherwise or whenever required by the Government so to do and the Development (save and except those parts as aforesaid) that the Owners, their servants, agents or licensees may or may not use while such works are being carried out but the First Owner shall cause as little disturbance as reasonably possible be at liberty to surrender to the Owners Government or dedicate the same for public use in such form and manner as it shall make good in its absolute discretion think fit free from any damage claim or loss demand of any Owner including but without limitation any claim for compensation provided that may an Owner's right to hold use occupy and enjoy his Unit shall not be caused by or arise from such construction worksadversely affected.
(e) The right to assign the Undivided Shares relating to the Common Areas and Facilities or any part or parts thereof to the Manager free of cost or consideration to be held on trust for all the Owners subject to this Deed. The Manager shall hold such Undivided Shares as trustee for all Owners for the First Ownertime being.
(f) Subject to the prior written approval by a resolution of Owners at an Owners' meeting convened under this Deed, his licensees or other third parties the right to affix, install, maintain, alter, repair, service, replace, renew and remove any one or more signs, lightning conductors, lighting, chimneys, flues, pipes or any other structurespipes, facilities masts, conduits, plant, machinery, equipment, lightning conductors and lighting fixtures, including, without limitation, microwave distribution systems, aerials, dishes, antennae, transmitters, transponders, receivers, tuners and the ancillary equipment and connections thereto and other fixtures or structures of whatsoever kind on or within any part or parts of the Common Areas and Facilities and such other areas of the Development the exclusive right to hold, use, occupy and enjoy which has not been assigned PROVIDED ALWAYS THAT where any such sign, lightning conductor, lighting, chimneys, flues, pipes or any other structures, facilities or other fixtures are located within the Common Areas and Facilities the exercise of such rights shall be subject to (i) the prior written approval by a resolution of Owners at an Owners’ meeting convened under this Deed and they shall be for the common use and enjoyment of all the Owners entitled to use such Common Areas and Facilities and any consideration received therefor shall be credited to the relevant Special Fund for the benefit of all such Owners and (ii) the right of the First Owner to enter into and upon any part of the Development (save Lot and except those parts of the Development the sole and exclusive right to the use enjoyment and occupation of which have been assigned or otherwise disposed of to an Owner) Estate with or without workmen and equipment at all reasonable times on giving prior reasonable written notice (save except in the case of emergency) for any or all of the purposes aforesaid.
(f) The right to change the name of the Development at any time within two (2) years from the date of this Deed aforesaid and to execute license or otherwise permit or grant the right so to do to any documents in the name of other person on such terms as the First Owner in connection therewith without may deem fit PROVIDED ALWAYS THAT the necessity exercise of joining in any of such rights shall not unreasonably interfere with the exclusive use of the Units which other Owner upon giving six months’ notice Owners own and any consideration received therefor shall be credited to the Owners and shall not be liable to any Owner or other person having an interest in the Development for any damages, claims, costs or expenses resulting therefrom or in connection therewithSpecial Funds.
(g) The right to dedicate Subject to the public any part or parts of the Lot and the Development vested in the name of the First Owner for the purposes of passage with or without vehicles or in such manner as the First Owner shall in its absolute discretion deem fit.
(h) The right to adjust or re-align the boundary of the Lot and to negotiate and agree with the Government in connection therewith and for that purpose to effect any surrender, extension or regrant PROVIDED THAT such adjustment or re-alignment shall not adversely affect the right of the Owners to hold, use, occupy and enjoy their respective parts of the Development and .
(i) The right without the necessity of making any Owner entitled to the exclusive use occupation and enjoyment of any part or parts of the Lot or the Development outside the part or parts of the Lot or the Development in question a party thereto to enter into Sub-Deed in respect of any part or parts of the Development still owned by the First Owner PROVIDED THAT such Sub-Deeds shall not conflict with the provisions of this Deed nor adversely affect or prejudice the rights, interests or obligations of the other Owners bound by this Deed or any other previous Sub-Deed(s).
(j) The right to obtain the grant of any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any adjoining or neighbouring lands or to obtain any similar rights by modification of the Government Lease or licence for the benefit of the Lot and the Development on such terms and conditions and from such persons as the First Owner shall deem fit and, subject to the approval of the Owners’ Committee (if any) or the Owners’ Corporation (when formed), all expenses shall be paid out of the management funds.
(k) The right to grant any rights, rights of way or easements or quasi-easements (including but not limited to the right to use any roads, passageways, walkways, footpaths, pedestrian bridges, gardens, open spaces, nullahs and culverts, recreational areas and facilities, sewage treatment plants and facilities, refuse collection and disposal areas and facilities, drainage system and gas, water and electricity storage, transformation and supply systems) over any part or parts of the Common Areas and Facilities or to grant any similar rights by licence for the benefit of any adjoining or neighbouring lands on such terms and conditions and to such persons as the First Owner shall deem appropriate.
(l) The right and privilege to install in or affix to or use or operate on (or permit or grant the right to any person to install in or affix to or use or operate on) the Common Areas and Facilities or any part thereof any broadcast reception, information distribution or communications system including, without limitation, satellite master antenna system, communal aerial broadcast distribution system, microwave distribution system, cable and wireless communications systems, telecommunication system and transmission and transponder systems which are for the common use and benefit of the Owners, together with the right to repair, maintain, service, remove or replace the same.
(m) Subject to prior written approval by a resolution of Owners at a an Owners' meeting of Owners convened under this Deed, the right to designate and declare by deed any area or part or parts of the Development Estate the sole and exclusive right to hold, use, occupy and enjoy which, and to receive the rents and profits in respect of which, is then beneficially owned by the First Owner to be additional Estate Common Areas and Facilities or Residential Common Areas and Facilities whereupon with effect from such designation and declaration such additional Estate Common Areas and Facilities or Residential Common Areas and Facilities (as the case may be) shall form part of the Estate Common Areas and Facilities or Residential Common Areas and Facilities (as the case may be) as provided in this Deed and the Owners shall contribute to the maintenance and upkeep of the same PROVIDED THAT the First Owner shall not have the right to re-convert or re-designate such additional Common Areas and Facilities to its own use or benefit unless it is so provided for when such additional Common Areas and Facilities was so designated. Provided that :-
(i) the exercise of any rights in this Clause 8 shall not (1) adversely interfere with an Owner’s right to hold, use, occupy and enjoy the as if they were part of the Development which he owns or (2) unreasonably impede or restrict the access to and from any such part of the Development;
(ii) if the exercise of any rights in this Clause 8 shall affect the Estate Common Areas and Facilities or result in a conversion of any of the Common Areas to the exclusive use by the First Owner, then unless it is expressly stated that prior written approval by a resolution of the Owners at an Owners’ meeting convened under this Deed is required, written approval of the Owners’ Committee (if any) (or the Owners’ Corporation (when formed)) shall be obtained and any payment received for the approval must be credited to the Special Fund;
(iii) if the exercise of any right in this Clause 8 shall affect the Residential Common Areas and Facilities or any part of the Development owned by certain Owner or Owners and result in any benefit, concession or compensation, then any such benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of the right shall, unless otherwise stated, be credited to the management funds and accrued to all Owners or the relevant Owner or Owners concerned (as the case may be)) PROVIDED THAT in making such designation and declaration the First Owner shall not unreasonably interfere with or affect an Owner's exclusive right to hold, use and occupy the Unit which such Owner owns PROVIDED FURTHER THAT no Owner (including the First Owner) and the Manager shall re-convert or re- designate the aforesaid common areas and facilities to his or its own use and benefit.
(h) The full right and liberty to utilize in whole or in part the balance of the maximum plot ratio, buildable floor area and/or site coverage of the Lot for the time being and at any time permitted under the Buildings Ordinance or under the Government Grant or otherwise including any concessions or bonus which may be granted by the Building Authority or obtained as a result of modification of the Government Grant;
9. (a) The Owners hereby jointly and severally and irrevocably APPOINT the First Owner as to be their attorney and grant unto the First Owner the full right power and authority to do all acts deeds matters and things and to execute and sign seal and as their act acts and deed deeds deliver such deed or deeds and to sign such documents or instruments as may be necessary for the exercise of or incidental to the First Owner’s 's rights mentioned in Clause 8 with the full power of delegation and the Owners hereby further jointly and severally and irrevocably undertake to do all acts deeds matters and things and to execute sign seal and deliver such deed or deeds and to sign such documents or instruments as may be necessary to give effect to the abovementioned appointment and grant and to ratify and confirm all that the First Owner as such attorney shall lawfully do or cause to be done by virtue thereof and that the power of attorney hereby given shall bind the executor(s) and the administrator(s) and the successor(s) and assign(s) of such Owners and shall not be revoked by the death incapacity bankruptcy or winding-up (as the case may be) of any of such Owners.
Appears in 1 contract
Samples: Deed