Development Application part 2 of 2 Report and plans MCU12/0201

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8.     SELLER’S NON-LIABILITY


       8.1     Seller not liable for Approval


               Approval issued by the Seller does not represent or constitute the proper design or suitability of any plans
               orspecifications, nor does it imply that Building Works will be built in a workmanlike manner.

               The Seller is not liable for any errors, omissions or discrepancies in the plans and specifications, or any
               defects in the Building Works following Approval.


       8.2     Seller not obliged to enforce covenant


               The Buyer shall have no claim whatsoever against the Seller for failure to secure or enforce this Deed in
               connection with the sale or development of any other Lot.


       8.3     Seller not bound in relation to other Lots


               The Seller is not bound to develop other Lots in accordance with this Deed.


       8.4     Seller may vary covenants


               The Seller is entitled to waive, release, vary or alter any Covenant pertaining to the sale or development
               of other Lots at any time.


       8.5     No action by a third party


               The parties acknowledge that it is not their intention by this Deed and its Covenants to create any legal
               duty enforceable by a third party pursuant to Section 55 of the Property Law Act 1974.



9.     RE-SALE


       9.1     This clause shall not in any respect merge in or be extinguished by any transfer of the Land to the Buyer;


       9.2     The Buyer shall not transfer or otherwise     dispose of the Land unless the Buyer first requires any
               transferee from the Buyer to enter into a Deed of Covenant in the form of this Deed ("Deed of Covenant")
               agreeing to be bound to the Seller by these Covenants.

       9.3     The Buyer shall ensure that any agreement for the transfer of the Land attaches a copy of the Deed of.
               Covenant and contains a clause whereby any transferee from the Buyer or its successors in title agrees
               with the Seller:


               (a)     to observe and be bound by the terms of the Deed of Covenant;



               (b)     not to transfer the Land without obtaining from any transferee a Deed of Covenant in favour of the
                       Seller that such transferee will be bound by these Covenants.


       9.4     The Buyer shall deliver to the Seller the transferee’s Deed of Covenant as soon as reasonably possible.


       9.5     The Buyer agrees to indemnify and keep indemnified the Seller against any loss, damage or other
               consequence detrimental to the Seller (including full indemnity costs) resulting from any failure of the
               Buyer to comply with these covenants (including the preceding covenant requiring the Buyer to obtain a
               covenant by any transferee in favour of the Seller to be bound by this covenant in the event of an on sale).


       9.6     The Buyer is released from the obligation to obtain a Deed of Covenant if the Buyer has first completed
               the Approved Building Works before entering into any transfer ofthe land.


       9.7     In this Deed the Seller means CBD Settlers Cove Pty Ltd ACN 114 192773.




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