Common use of SELLER'S TITLE TO SELL AND RESERVATIONS Clause in Contracts

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract, (iv) AND the Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (j) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (k) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencing. (l) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (m) The Buyer acknowledges that: (i) there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; and (ii) any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (n) The Buyer acknowledges that: (i) the Seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (o) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail fails to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract, (iv) AND the Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (j) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (k) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencing. (l) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (m) The Buyer acknowledges that: (i) there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; and (ii) any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (n) The Buyer acknowledges that: (i) the Seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (o) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail fails to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract,, DRAFT (iv) AND the Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (j) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (k) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencing. (l) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (m) The Buyer acknowledges that:: DRAFT (i) there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; and (ii) any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (n) The Buyer acknowledges that: (i) the Seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (o) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN hereof THEN, the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) settlement PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) time THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract, (iv) AND the . The Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) . All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (ji) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (kj) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencingpool fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencingpool fencing. (lk) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (ml) The Buyer acknowledges that: (i) that there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; and (ii) any . Any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) liability and the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (nm) The Buyer acknowledges that: (i) that the Seller seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) , and that the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the . The Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (ol) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract, (iv) AND the Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (j) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (k) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencing. (l) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (m) The Buyer acknowledges that: (i) there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; and (ii) any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (n) The Buyer acknowledges that: (i) the Seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (o) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail fails to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract,, DRAFT (iv) AND the Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (j) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (k) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencing. (l) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (m) The Buyer acknowledges that: (i) there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; andand DRAFT (ii) any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (n) The Buyer acknowledges that: (i) the Seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (o) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.

SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD). (b) If the Seller shall fail to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated. (c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof: (i) THEN hereof THEN, the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement, (ii) settlement PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time, (iii) time THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract, (iv) AND the . The Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract. (d) The Land is sold to the Buyer subject to the reservations and conditions express or implied in the Instrument of Title of the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (e) The Land and the Property hereby sold is believed by the Seller to be and shall be taken to be correctly described. No error omission or misdescription in the particulars of the Property or in the boundaries or area of the Land shall invalidate this Contract nor be the subject of any claim for compensation by either party. The Buyer shall not be entitled to delay completion of this Contract or to withhold any part of the purchase price in relation thereto. (f) Except as otherwise expressly provided in this Contract, the Seller shall not be required to deliver any abstracts of title or copies of deeds or documents whether in its possession or not. (g) The Seller gives no warranty that the improvements purporting to be on or in or comprising the Land are wholly on the Land or that buildings or improvements on adjoining lands do not encroach on the Land and this sale and Contract is deemed subject to any such encroachment which may exist and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (h) The Property hereby sold is sold in an "as is" condition and no promise or warranty whatsoever is given or shall be implied with respect to any of the Property nor as to the condition, state of repair, suitability or sufficiency of any improvement or other part of the Property nor as to the nature or condition of the same. (i) . All improvements included in the sale are sold with all faults or defects (whether latent or not) and no warranty is given as to the condition or suitability for use thereof. (ji) The Seller gives no warranty or assurance whatsoever with respect to the environmental state or condition of the Land and this sale and Contract is deemed subject to any contamination (if any) affecting the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in relation thereto. (kj) If there is a pool on the Land the Seller makes no warranty or guarantee that the pool and fencing surrounding the pool (“Pool Fencingpool fencing”) complies with any statute, by-law, regulation or local government ordinance relating to the construction, height, size, nature or otherwise of the pool or pool fence on the subject property and the Buyer shall not be entitled to make any objection, requisition or claim for compensation in respect of any non-compliance by the Seller, whether before or after the date of the Contract, with any statute, by-laws, regulations or local government ordinance relating to the pool or Pool Fencingpool fencing. (lk) The Seller gives no warranty or assurance whatsoever with respect to the present use, the permitted use, the zoning or any town planning approvals granted (if any) or building approvals granted (if any) affecting the Land or that any services including but not limited to sewerage, water, electricity, telephone, or gas are available for supply to the Land and the Buyer shall not be entitled to make any objection, requisition or claim for compensation or terminate in relation thereto. (ml) The Buyer acknowledges that: (i) that there may be property not hereby sold which is not removed from the Land on the Settlement Date and which is the property of the former owner; and (ii) any . Any such property must be removed from the Land at the Buyer's own election, expense, risk and liability; and (iii) liability and the Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by such removal. (nm) The Buyer acknowledges that: (i) that the Seller seller gives no warranty or assurance whatsoever with respect to passing vacant possession of the Land to the Buyer; and (ii) , and that the Buyer is responsible for taking possession, vacant or otherwise, of the Land at the Buyer’s own election, expense, risk and liability; and (iii) the . The Buyer indemnifies the Seller from and against liability on any account whatsoever to any person whomsoever occasioned by action in taking possession of the Land. (o) Any valid notice or order issued either prior to or after the date of this Contract pursuant to any Statute or by any Local Authority or Court necessitating the doing of work or expenditure of money on or in relation to the Property or on any path or road adjoining the Land must be fully complied with by the Buyer at the Buyer's expense and no claim for compensation or contribution will be sought from the Seller, nor can the Buyer terminate this Contract as a result.