Common use of Exceptions and Reservations Clause in Contracts

Exceptions and Reservations. Each and every Owner covenants with the First Owner with the intent that the covenants, rights, liberty, privileges, entitlements, exceptions and reservations in Clause 2.8 of this Deed 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 the interest therein that for so long as the First Owner remains the registered owner of any Undivided Share (provided that the rights and privileges set forth in sub-clauses (a) to (c) hereof shall only be exercisable by the First Owner for so long as it is the Owner of any Houses in the Estate), the First Owner shall have the right from time to time as it shall deem fit to do all or any of the following acts or deeds and/or to exercise all or any of the following rights, liberty, privileges and entitlements without the necessity of joining in any other Owner, the Manager or any other person interested in the Land and the Estate :- (a) The right for the First Owner or any of the Owners (in this context, other than the First Owner) or Occupiers or other persons permitted or authorised by the First Owner to affix, remove, alter, maintain and renew at their own expense (a) chimneys, (b) signs, placards, posters and other advertising structures of whatsoever kind (whether illuminated or not) and

Exceptions and Reservations. Each and every Owner covenants with the First Owner with the intent that the covenants, rights, liberty, privileges, entitlements, exceptions and reservations in Clause 2.8 of this Deed 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 the interest therein that for so long as the First Owner remains the registered owner of any Undivided Share (provided that Share, and in addition to any other right which it may have reserved under the rights and privileges set forth in sub-clauses (a) assignment to (c) hereof shall only be exercisable by the First Owner for so long as it is the Owner of any Houses in the Estate)Owner, the First Owner shall have the unrestricted right in its absolute 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/or to exercise all or any of the following rights, liberty, privileges and entitlements without the necessity of joining in or reference to, concurrence or approval of any other Owner, the Manager or any other person interested in the Land and the Estate :- (a) The right for the First Owner or any of the Owners (in this context, other than the First Owner) or Occupiers or other persons permitted or authorised by the First Owner to affix, remove, alter, maintain and renew at their own expense (a) chimneys, (b) signs, placards, posters and other advertising structures of whatsoever kind (whether illuminated or not) andand (c) masts, conduits, plant, machinery, equipment, aerials, telecommunication transmitters and receivers, satellite dishes, satellite master antenna systems, tuners, broadcast reception, information distribution or communications systems and other fixtures (collectively "the aforesaid items") on the General Common Areas subject to the aforesaid items not unreasonably interfering with the other Owners' or Occupiers' use and enjoyment of their own Units PROVIDED THAT (i) such Owners or Occupiers or other persons permitted or authorized by the First Owner shall be responsible for repairing all damages made to any part of the Estate resulting from affixing, removing, altering, maintaining and renewing the aforesaid items; (ii) prior written consent of the Manager should have been obtained prior to the commencement of such work; (iii) any fee or monetary benefit arising from the aforesaid right to grant or permit the right as aforesaid shall go into the Sinking Fund; (iv) the First Owner or other Owners or Occupiers or other persons permitted or authorized by the First Owner shall at his own expense make good any damage caused thereby arising from the exercise of this right; and (v) the affixing, removal, alteration, maintenance and renewal of the aforesaid items shall not affect the enjoyment by any Owners and Occupiers of their Units or the Estate; and (vi) subject to the prior written approval by resolution of owners at an owners’ meeting convened under this Deed. (b) Full power to enter into and upon all parts of the Land and the Estate (other than any part of the Estate that have already been assigned) with contractors, surveyors, workmen and all other necessary authorized persons and all necessary equipment, plant and materials for the purposes of constructing and completing the Estate on the Land or any part thereof in accordance with the Approved Plans and may for such purpose carry out all such works in, under or over the Land as it may from time to time see fit Provided that nothing herein shall absolve the First Owner from obtaining any Government approval which may be required for the same. The right of the First Owner to enter the Land to carry out such works shall extend equally to all necessary contractors, agents, workers and other persons authorized by the First Owner. The First Owner in pursuance of such work may from time to time issue in writing to the Owners instructions as to the areas or parts of the Land that the Owners, their servants, agents or licensees may or may not use while such works are being carried out Provided that the exercise of such right shall not interfere with an Owner's right to hold, use, occupy and enjoy the part or parts of the Estate which he owns or impede or restrict the access to and from any such part or parts of the Estate and Provided that the First Owner shall at its own expense make good any damage or loss that may be caused by or arise from such construction, demolition or other works or right of entry and shall ensure that such construction works shall cause the least disturbance and be carried out without delay and negligence. (c) The right to change the name of the Estate at any time up to 3 months after the issue of the certificate of compliance in respect of the whole of the Land upon giving not less than six (6) months' prior written notice to the Owners. (d) The right to change, amend, vary, add to or alter the Approved Plans, master layout plans, carparking layout plans and landscaping proposals (collectively "the Plans") for the Estate or any part or parts thereof existing at the date hereof without the concurrence or approval of the Owners or any of the parties hereto PROVIDED THAT (i) such change, amendment, variation, addition or alteration will not interfere with the Owners' right to the exclusive use, occupation and enjoyment of their Units; (ii) the exercise of the right by the First Owner shall be restricted to those Units which have not been sold or assigned by the First Owner and shall not impede or restrict access to or from any Units that have been assigned and (iii) the prior approval of the Owners’ Committee or the Owners’ Corporation (if formed) shall be obtained if such change, amendment, variation, addition or alteration affects the General Common Areas or any part thereof, but nothing herein shall absolve the First Owner from the requirements of obtaining the prior written consent of the Director of Buildings or other relevant Government authorities pursuant to the Conditions or other applicable legislation. No such change, amendment, variation, addition or alteration shall give to the Owners or any person having an interest in the Land any right of action against the First Owner. (e) The right to apply, negotiate and agree with the Government to amend, vary, modify or waive the Conditions or any provisions thereof in such manner as the First Owner may deem fit including but not limited to variations, modifications or waiver of the permitted use of any part or parts of the Estate vested in him without interfering with the use, enjoyment and occupation by the Owners of those Units which have been assigned by the First Owner And Provided Further That any premium and administrative fee as may be required for the said amendment, variation, modifications or waiver shall be borne by the First Owner absolutely and Provided Further That the exercise of the right (i) shall not in any way whatsoever interfere with an Owner's right to hold, use, occupy and enjoy his Unit or the General Common Areas and that the access to or from his Unit shall not be restricted or impeded; and (ii) shall be subject to the prior written approval by resolution of Owners at an Owners’ meeting convened under this Deed if the exercise of the rights mentioned herein shall affect the General Common Areas. (f) At any time hereafter to enter into a Sub-Deed of Mutual Covenant in respect of any part or parts of the Land and the Estate Provided Always that (i) such Sub-Deed of Mutual Covenant shall not be in conflict with the provisions of the Conditions, this Deed or any previous Sub-Deed of Mutual Covenant, and (ii) the approval by the Director of Lands to such Sub-Deed of Mutual Covenant shall have been obtained unless he shall have, in his absolute discretion, waived the requirement of such approval.