Common use of BOREHOLE Clause in Contracts

BOREHOLE. 22.1. The Seller undertakes as soon as possible after the Signature Date and at its own cost, to investigate whether there is sufficient underground water at the Land so that a borehole can be sunk. 22.2. The Seller gives no warranties or guarantees that underground water will be found at the Land. 22.3. In the event that it is established that there is sufficient underground water at the Land, then the Seller shall, prior to the establishment of the Body Corporate, cause a borehole to be sunk on the Land and install the necessary machinery and equipment required for the operation thereof. 22.4. In the event that a borehole is to be sunk then the Purchaser acknowledges the following: 22.4.1. the borehole may be located under the surface of any area that is to be reserved as an Exclusive Use Area; and 22.4.2. the member who has the right to that particular Exclusive Use Area shall not be entitled to construct any permanent or semi-permanent structure over the area where the borehole and related equipment shall be located and shall, in addition, be required to ensure that access to that area is given to persons from time to time contracted by the Body Corporate to repair, maintain or replace the equipment. 22.5. Ownership and the use of the borehole and related equipment shall vest in the Body Corporate.