MCU14/0053 - Response to information request

      to Clause 4.3 the whole amount of the payment of contributions (if any) not paid
      by the Proponent or Owner.

6.2     Application of money

      The Council may apply any sum recovered or received by it pursuant to Clause
      6.1 (rights of the council on default) as far as the sum may extend to or towards
      all or anyone or more of the following:

      (a)    reduction or discharge of the payments or contribution payable by the
             Proponent or Owner under this Deed; and
      (b)    reimbursing itself for the cost of works done and for any damages
             suffered by it.

7     NOVATION OF DEED UPON SALE

7.1     Sale of the Subject Site

      The Owner and any future owner must not sell or transfer the Subject Site prior
      to the performance and fulfilment of the Special Conditions in item 6 except
      subject to the condition that the purchaser (in this clause called "the
      Purchaser") shall enter into a deed of novation of this Deed or a replacement
      Deed with the Council, whereby the Purchaser becomes contractually bound to
      the Council to perform and comply with the Special Conditions, or such of them
      as remain unperformed or unfulfilled by the Owner at the time of such sale.

7.2     Owner to remain liable

      In the event that the Owner sells or transfers the Subject Site otherwise than in
      compliance with Clause 7.1 the Owner must perform and fulfil the Special
      Conditions at such time or times as the Council stipulates, even if the time or
      times otherwise appointed for such performance and fulfilment have not then
      arrived.

7.3     Release from Liability

      In the event that the Purchaser enters into a deed of novation or such further
      deed or agreement which contractually obliges the Purchaser to the Council to
      perform the Covenants, the Owner shall be forever released from the Special
      Conditions or any further liability pursuant to this Deed or otherwise arising
      from its subject matter and the provisions of this clause may be pleaded as a
      bar to any proceedings brought by the Council.

8     RECONFIGURATION OF THE SUBJECT SITE

8.1     Reconfiguring and compliance

      If the Subject Site is reconfigured under the provisions of the SPA and the
      obligations under clause 4.3 and the Special Conditions of this deed have been
      satisfied, then this deed no longer remains attached to the reconfigured lots
      and the Owners of the reconfigured lots are not bound by this deed.




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