Common use of To modify Conditions etc Clause in Contracts

To modify Conditions etc. Subject to the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right to apply to negotiate and agree with the Government to amend, vary or modify the Conditions (including the plan(s) annexed thereto) or any conditions thereof or to procure a licence or easement from the Government or any other person for installing on Government land pipes, sewers, subways or other facilities whether serving exclusively the Lot and/or the Development or any part thereof or otherwise in such manner as the First Owner may deem fit and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner, including and not without limiting the generality of the foregoing, any amendment, variation or modification of the Conditions (including the plan(s) annexed thereto) the effect of which is to: (i) alter or vary the permitted use or density of Development or any part or parts thereof; or (ii) alter or vary the number or ratio of car parking spaces as prescribed by the Conditions; PROVIDED THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to or from his Unit and PROVIDED FURTHER THAT if any exercise of this right should affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners, then any benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of this right shall be accrued to all Owners or the relevant Owner or Owners concerned as the case may be.

Appears in 1 contract

Sources: Deed of Assignment

To modify Conditions etc. Subject to the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right to apply to negotiate and agree with the Government to amend, vary or modify the Conditions (including the plan(s) annexed thereto) or any conditions thereof or to procure a licence or easement from the Government or any other person for installing on Government land pipes, sewers, subways or other facilities whether serving exclusively the Lot and/or the Development or any part thereof or otherwise in such manner as the First Owner may deem fit and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner, including and not without limiting the generality of the foregoing, any amendment, variation or modification of the Conditions (including the plan(s) annexed thereto) the effect of which is to: (i) alter or vary the permitted use or density of Development or any part or parts thereof; or (ii) alter or vary the number or ratio of car parking spaces as prescribed by the Conditions; PROVIDED THAT the prior approval as to the exercise of the right under this sub-clause by resolution of Owners at an Owners’ meeting under this Deed shall not be required if the amendment variation or modification relate only to the development of the Subsequent Phase(s) that are held by the First Owner and PROVIDED ALSO THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit the part of the Development which he owns or impede or restrict the access to or from his Unit any such part of the Development and PROVIDED FURTHER THAT any exercise of this right affecting the Common Areas and Facilities shall be subject to the prior approval by a resolution of Owners at an Owner’s meeting convened under this Deed and PROVIDED FURTHER THAT if any exercise of this right should affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners, then any benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of this right shall be accrued to all Owners or the relevant Owner or Owners concerned as the case may be.

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement

To modify Conditions etc. Subject to the prior approval by a resolution of the Owners at an Owners’ meeting convened under this Deed, the right to apply to negotiate and agree with the Government to amend, vary or modify the Conditions (including the plan(s) annexed thereto) or any conditions thereof or to procure a licence or easement from the Government or any other person competent authorities for installing on Government government land pipes, sewers, subways or other facilities whether serving exclusively the Lot and/or the Development or any part thereof or otherwise in such manner as the First Owner may deem fit and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner, including and not without limiting the generality of the foregoing, any amendment, variation or modification of the Conditions (including the plan(s) annexed thereto) the effect of which is to: (i) alter or vary the permitted use or density of Development or any part or parts thereof; or (ii) alter or vary the number or ratio of car parking spaces as prescribed by the Conditions; Owner PROVIDED THAT the exercise of this right shall not interfere with an Owner’s 's right to hold, use, occupy and enjoy his Unit the part of the Development which he owns or unreasonably impede or restrict the access to or from his Unit any such part of the Development and PROVIDED FURTHER THAT if any exercise of this right should affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners, then any benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of this right shall be accrued to all Owners or the relevant Owner or Owners concerned as the case may be.

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement

To modify Conditions etc. Subject to the prior approval by a resolution of the Owners at an Owners' meeting convened under this Deed, the right to apply to negotiate and agree with the Government to amend, vary or modify the Conditions (including the plan(s) annexed thereto) or any conditions thereof in so far as the First Owner's Premises are concerned or to procure a licence or easement from the Government or any other person for installing on Government government land pipes, sewers, subways or other facilities whether serving exclusively the Lot and/or the Development or any part thereof or otherwise First Owner's Premises in such manner as the First Owner may deem fit without the concurrence or approval of any Owner and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner, including and not without limiting Owner PROVIDED THAT the generality exercise of the foregoing, any amendment, variation or modification of the Conditions (including the plan(s) annexed thereto) the effect of which is to: this right (i) alter or vary shall require prior written approval of the permitted use or density Owner of Development or any part or parts thereofthe Government Accommodation if in the opinion of GPA it directly affects the Government Accommodation; or (ii) alter or vary shall not be prejudicial to the number or ratio rights of car parking spaces as prescribed by the ConditionsOwner of the Government Accommodation in the use and enjoyment of and access to the Government Accommodation; and (iii) must not result in the Owner of the Government Accommodation being liable for any premium payable for any variation save that the Owner of the Government Accommodation may agree to pay that portion of the premium payable for the variation to the extent that the variation, in the opinion of the GPA, directly benefits the Government Accommodation but not otherwise PROVIDED FURTHER THAT the exercise of this right shall not interfere with an Owner’s 's right to hold, use, occupy and enjoy his Unit the part of the Development which he owns or impede or restrict the access to or from his Unit any such part of the Development and PROVIDED FURTHER THAT if any exercise of this right should affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners, then any benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of this right shall be accrued to all Owners or the relevant Owner or Owners concerned as the case may be.

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement

To modify Conditions etc. Subject to the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the right to apply to negotiate and agree with the Government to amend, vary or modify the Conditions (including the plan(s) annexed thereto) or any conditions thereof or to procure a licence or easement from the Government or any other person for installing on Government land pipes, sewers, subways or other facilities whether serving exclusively the Lot and/or the Development or any part thereof or otherwise in such manner as the First Owner may deem fit and to execute any documents in the name of the First Owner in connection therewith without the necessity of joining in any other Owner, including and not without limiting the generality of the foregoing, any amendment, variation or modification of the Conditions (including the plan(s) annexed thereto) the effect of which is to: (i) alter or vary the permitted use or density of Development or any part or parts thereof; or (ii) alter or vary the number or ratio of car parking spaces as prescribed by the Conditions; PROVIDED THAT the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit the part of the Development which he owns or impede or restrict the access to or from his Unit any such part of the Development and PROVIDED ALSO THAT any exercise of this right affecting the Common Areas and Facilities shall be subject to the prior approval by a resolution of Owners at an Owner’s meeting convened under this Deed and PROVIDED FURTHER THAT if any exercise of this right should affect the Common Areas and Facilities or any part of the Development owned by certain Owner or Owners, then any benefit, concession or compensation, whether monetary or otherwise, acquired as a result of such exercise of this right shall be accrued to all Owners or the relevant Owner or Owners concerned as the case may be.

Appears in 1 contract

Sources: Deed of Mutual Covenant and Management Agreement