Common use of EXCLUSIVE USE AREAS Clause in Contracts

EXCLUSIVE USE AREAS. (a) The Buyer acknowledges that the Lot will be allocated exclusive use of that part of the Common Property allocated to the Lot in Schedule E of the Community Management Statement and shown on the Exclusive Use plan attached to the Community Management Statement for the purposes described in the by-laws of the Community Management Statement (“the Exclusive Use Area”). (b) The Buyer acknowledges that the Exclusive Use Area will not form part of the title of the Lot and is not part of the location, dimensions or area of the Lot as referred to in Clause 4.5(a). (c) The Buyer agrees that: (i) Notwithstanding any location, dimensions or description of a carpark, storage area, courtyard area, balcony area or bicycle parking spaces which may be set out in any document forming part of the Disclosure Statement, such location, dimensions or description are not essential terms of this Contract; (ii) the Seller may, in its complete discretion, make variations to any carpark, storage area, courtyard area, balcony area or bicycle parking space (or any of them) provided that the area is more or less similar in size to the area previously proposed to be allocated to the Lot (iii) the Seller may, in its absolute discretion, determine and change the access arrangements as between the ‘as built’ Lot and any of the carpark and storage areas including by effecting a shuttle lift arrangement between the basement carpark areas and the entry foyer and the floor of the Building on which the Lot is situated. (d) The Buyer must not Object to the Seller exercising its discretion to make variations permitted under this (e) The Buyer acknowledges that the Seller has entered into this contract in reliance on the acknowledgments and agreements made by the Buyer in this Clause 9.2.