Dividing Fences. Notwithstanding any provision in the Neighbourhood Disputes (Dividing Fences and Trees) Xxx 0000, the Seller need not contribute to the cost of building any dividing fence between the Land and any adjoining land owned by it. The Buyer waives any right to claim contribution from the Seller.
Dividing Fences. 34.1 The Seller is not liable to contribute to the construction of a dividing fence along any Lot and any adjoining land.
Dividing Fences. (a) The Seller is not required to contribute to the cost of construction or repair of any dividing fence between the Lot and any adjoining land owned by the Seller.
Dividing Fences. Notwithstanding any provision in the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, the Seller need not contribute to the cost of building any dividing fence between the Land and any adjoining land owned by it. The Buyer waives any right to claim contribution from the Seller.
(2) If the Seller or Buyer, as the case may be, fails to comply with an Essential Term, or makes a fundamental breach of an intermediate term, the Seller (in the case of the Buyer's default) or the Buyer (in the case of the Seller’s default) may affirm or terminate this contract under this clause. Clause 9.1 does not limit any other right or remedy of the parties including those under this contract or any right at law or in equity.
Dividing Fences. Notwithstanding any other provision in this contract, the Seller need not contribute to the cost of building any dividing fence between the Land and any adjoining land owned by it. The Buyer waives any right to claim contribution from the Seller.
Dividing Fences. 5.1 Subject to Annexure B, if any, the Buyer:
(a) Covenants with the Seller that so long as the Seller remains registered as the proprietor of any land adjoining the boundaries of the Property, the Buyer will not make any claim against the Seller for any contribution to the cost of erecting any dividing fences or walls under the provisions of the Dividing Fences Act 1961 or otherwise howsoever including any sums or liabilities which the Seller may have incurred with any adjoining owners; and
(b) Agrees that the provisions of this clause may be pleaded by the Seller as an absolute bar to any action for relief or claim for compensation made by the Buyer against the Seller.
5.2 Upon request, the Buyer will provide the Seller with details of all costs of such dividing fences or other information as may be required by the Seller to satisfy any inquiry in that regard by the Buyer of any other lot on the Plan of Subdivision.
Dividing Fences. Notwithstanding any provision in the Neighbourhood Disputes (Dividing Fences and Trees) Xxx 0000, the Seller need not contribute to the cost of building any dividing fence between the Land and any adjoining land
(2) If the Seller or Buyer, as the case may be, fails to comply with an Essential Term, or makes a fundamental breach of an intermediate term, the Seller (in the case of the Buyer's default) or the Buyer (in the case of the Seller’s default) may affirm or terminate this contract under this clause. Clause 9.1 does not limit any other right or remedy of the parties including those under this Contract or any right at law or in equity. owned by it. The Buyer waives any right to claim contribution from the Seller.
Dividing Fences. (a) So long as the Seller remains the registered proprietor of any land adjoining the boundary of the Property, it is agreed the Seller shall not be required to make, nor shall the Buyer have any claim against the Seller for, any contribution to the cost of any dividing fences or walls.
(b) All fencing along the boundary of the Property adjacent to Eleventh Road must be uniform and to the specifications of the Metropolitan Redevelopment Authority.
(c) The Seller will provide boundary fencing to each side and rear boundary of the Property using a material, design and colour determined by the Seller in the Seller’s absolute discretion.
Dividing Fences. (a) So long as the Seller remains the registered proprietor of any land adjoining the boundary of the Property, it is agreed the Seller shall not be required to make, nor shall the Buyer have any claim against the Seller for, any contribution to the cost of any dividing fences or walls.
(b) The Buyer acknowledges and agrees that:
(i) unless already done so by any other person other than the Seller, the Buyer must provide boundary fencing to each side and rear boundary of the Property using Monument Colourbond “Sameside” profile by R & R Fencing (or an equivalent approved of by the Seller) and must ensure that such fencing is installed no later than 30 days after practical completion has been reached of the main building on the Property; and
(ii) as the case requires, the Buyer must:
(1) pay to the neighbouring landowners; or
(2) seek from the neighbouring landowners, any contribution to the costs of any boundary fences to the sides and rear boundary of the Property.
Dividing Fences. 8.1 If the Seller erects a dividing fence between the Lot and any adjoining lot, then:
(a) The Buyer will not raise any Objection with regards to the dividing fence including its location or whether it encroaches on the Lot or the adjoining land’s boundary; and
(b) The Buyer indemnifies and keeps the Seller indemnified against any Claims arising from any dividing fence or encroachment.
8.2 This Special Condition 8 will not merge on settlement.
